1

KENT LAW SCHOOL

POSTGRADUATE MODULES

20162017

2

CONTENTS

Code Module Title

Page

LW919 Legal Research and Writing Skills COMPULSORY MODULE

4

LW801 Intellectual Property 1 Copyright and Breach of Confidence

5

LW802 International Business Transactions

6

LW810 International Law on Foreign Investment

7

LW811 International Commercial Arbitration

8

LW813 Contemporary Topics in Intellectual Property

9

LW814 Public International Law

10

LW815 European Union Constitutional and Institutional Law

11

LW839 Environmental Quality Law

12

LW843 International Human Rights Law

13

LW844 Legal Aspects of Contemporary International Problems

14

LW846 International Criminal Law

15

LW847 World Trade Organisation Law and Practice

16

LW852 European Union Environmental Law and Policy

18

LW862 Death and Dying

19

LW863 Consent to Treatment

20

LW866 Medical Practice and Malpractice

21

LW867 Reproduction and the Beginning of Life

22

3

LW871

Policing

23

LW884 International Environmental Law ndash Substantive Legal Aspects

24

LW886 Transnational Criminal Law

25

LW899 Corporate Governance

26

LW900 Critical International Migration Law

27

LW904 Laws of the Maritime Air and Outer Spaces

28

LW905 International Financial Services Regulation

29

LW906 International Environmental Law ndash Legal Foundations

31

LW908 International and Comparative Consumer Law and Policy

32

LW916 European Union International Relations Law

33

LW918 International and Comparative Bankruptcy and Insolvency Law amp Policy

34

LW921 Privacy and Data Protection Law

35

LW922 Labour Rights in a Global Economy

36

LW924 European Union Criminal Law and Procedure

37

LW925 Cultural Heritage Law

38

LW927 Law and Humanities 1 Ethos and Scholarship

39

LW928 Law and Humanities 2 Current Issues

40

LW931 Land Development and Conservation Law

41

LW932 European Union Citizenship and Residence Rights ndash Clinical Option

42

LW933 Intellectual Property and Industrial Practices

43

LW934 Intellectual Property 2 Patents and Trade Marks

44

4

LEGAL RESEARCH AND WRITING SKILLS Module Convenor Dr Sophie Vigneron

Autumn Term Spring Term

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-contributory module which does not count towards your degree but it will appear on your final transcript with a PassFail result The module is timetabled from 1600-1800 on Mondays in Eliot Lecture Theatre 2 (ELT2) 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 that will enable them to develop their own critical approach to their chosen dissertation topic Please see separate programme for further details on each session

General reading W C Booth The Craft of Research (University of Chicago Press 2009) M Davies Asking the Law Question (Lawbook Co 2008) H Carr et al Skills for Law Students (OUP 2009) J Law After Method Mess in Social Science research (Routledge 2004) G Samuel The Foundations of Legal Reasoning (Maklu 1994) W Twining amp D Miers How to Do Things with Rules (Butterworths 1999)

5

INTELLECTUAL PROPERTY 1 COPYRIGHT AND BREACH OF CONFIDENCE Module Convenor Dr Joseacute Bellido

Autumn Term Module Code LW801 Over the past few decades the scope of the law of copyright and the action for breach of confidence have grown significantly The goal of the module 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 these areas of law from historical theoretical and practical perspectives The emphasis throughout the module is on reflexive critique That is we will study the different modes of justifying copyright and the action for breach of confidence the different historical approaches to trace the ways in which we can understand them 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 copyright and secrecy the problems and the challenges posed by photographs confidential memoranda and personal diaries as well as the more practical question on the way of producing evidence in copyright and breach of confidence trials No prior knowledge or study of intellectual property is required General reading L Bently amp B Sherman Intellectual Property Law (Oxford 2014) D Gervais and S Frankel Advanced Introduction to Intellectual Property (EE 2015) J Ginsburg and E Treppoz International Copyright Law (EE 2015) F Gurry Breach of Confidence (Oxford 1984) Blackstonersquos Statutes on Intellectual Property (latest edition)

6

INTERNATIONAL BUSINESS TRANSACTIONS Module Convenor Dr Alan McKenna

Autumn Term Module Code LW802 This module will examine the problems that arise in commercial transactions between businesses established in different States The module will concentrate specifically on the lsquotransnationalrsquo nature of such transactions and some of the solutions characteristically adopted by different legal systems with emphasis on International English or the US systems 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 Acquisitions and the importance of information and communication technologies Indicative 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 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 Lading Matesrsquo 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 I Carr International Trade Law 5th ed (Routledge 2014) J C T Chuah Law of International Trade 5th ed (Sweet amp Maxwell 2013) C Murray D Holloway amp D Timson-Hunt Schmitthoff The Law and Practice of International Trade 13th ed (Sweet amp Maxwell 2016) Further reading S Baughen Shipping Law 6th ed (Routledge 2015) M Bridge The International Sale of Goods 3rd ed (OUP 2013) A Rogers amp J C T Chuah Cases and Materials on the Carriage of Goods by Sea (Routledge 2016)

7

INTERNATIONAL LAW ON FOREIGN INVESTMENT Module Convenor Professor Harm Schepel

Spring Term Module Code LW810 This module explores the legal implications (practical and theoretical) of foreign direct investment Attention is paid to the perspectives of states investors civil society actors and theorists and to placing legal implications in their economic social political and historical context Questions considered include

What political economic and legal actors and factors have shaped the international law on foreign investment

What are the legal implications of the fact that most foreign investments are made by corporations

What roles can host state legal systems play in attracting and regulating foreign investments

What international legal mechanisms are used to enable foreign investment

What challenges do current concerns with corruption and tax evasion pose to existing international law on foreign investment

General reading M Sornarajah The International Law on Foreign Investment (CUP 2010) A Perry-Kessaris Global Business Local Law the Indian legal system as a communal resource in foreign investment relations (2008) A Perry-Kessaris (ed) Socio-legal approaches to international economic law Text context subtext (Routledge 2010) P Dicken Global Shiftrsquo (2011) A Lowenfeld International Economic Law (2008) M Herdegen Principles of International Economic Law Chapter (2013) P Muchlinski Multinational Enterprises and the Law (2007) J Bakan The Corporation Constable (2005) J Salacuse The Law of Investment Treaties (2010)

8

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 and PCA) The module covers current issues and developments relating to international commercial arbitration including arbitral jurisdiction applicable procedural and substantive laws the status and role of arbitration agreements the conduct of arbitral proceedings the arbitral award challenge recognition and enforcement of award and online arbitrationonline dispute resolution (ODR) The English Arbitration Act 1996 and the UNCITRAL Rules as well as the UNCITRAL Model Law will be examined closely The course will also critically examine the relationship between international commercial arbitration and international development law as well as aspects of the international commercial arbitration concerning sovereign states in oil and gas disputes Comparative study will be made of the emerging commercial arbitration legislation and international arbitral practice of certain developing states such as Nigeria India and China The course also aims to provide an appreciation of the similarities and contrasts between the work of international arbitral institutions and the work of international courts such as the International Court of Justice in commercial and economic matters Topics covered

The Concept of Alternative Dispute Resolution (ADR) and International Commercial Arbitration

The Applicable Procedural and Substantive Law of Arbitration Arbitration Clauses and Submission Agreements

Arbitration in the resolution of Oil and Gas and Energy Disputes

Establishment and Organization of Arbitral Tribunal

Powers Duties and Jurisdiction of an Arbitral Tribunal

Public Policy in International Commercial Arbitration

Trends and Developments in the International Arbitral and Adjudicatory Practice of Energy Disputes

The Arbitral Award and Its Drafting General reading A Redfern amp M Hunter Law and Practice of International Commercial Arbitration 5th ed (Sweet amp Maxwell 2009)

9

CONTEMPORARY TOPICS IN INTELLECTUAL PROPERTY

Module Convenor Dr Hyo Kang Autumn Term

Module Code LW813 This module introduces in detail some of the most acute and pressing current problems in intellectual property such as copyright and piracy in visual arts and music justification for patents and their effects on scientific knowledge production and the effects of logos and brands in capitalist symbolic economy Offering a different way into the study of intellectual properties than by statues and case law this course aims to provide students with a deep and nuanced understanding of intellectual properties both as social practices and cultural phenomena in todayrsquos lsquoknowledge economyrsquo Students will be introduced to the latest theoretical debates in humanities and social sciences about intellectual properties which will complement a doctrinal study of intellectual property forms and allow for a differentiated assessment of lawrsquos effects and limitations Topics to be explored may include

What is original Why is there so much value attached to lsquooriginalityrsquo

Does free knowledge go hand in hand with precarious labour in creative industries

What are the modes of intellectual credit Are there other forms of credit than property

What is the lsquointellectualrsquo in intellectual properties How do you draw contours around intangible knowledge

Can nature be patented Do patents turn human persons into things

Is enforcing patents on pharmaceuticals in developing countries just

Do trademarks commodify language Readings will be drawn from the multi-disciplinary scholarship on intellectual properties including anthropology history science studies economics and social theory Attendance of LW801 Intellectual Property Law 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 General reading M Biagioli P Jaszi amp M Woodmansee (eds) Making and Unmaking Intellectual Property (Chicago 2011) R Coombes The Cultural Life of Intellectual Properties (Duke 1998) C Lury Brands The Logos of Global Economy (Routledge 2004) N Klein No Logo (Picador 2000) K Sunder Rajan Biocapital (Duke 2006) D Haraway Modest_WitnessSecond_Millennium Female_Man_Meets_OncoMouse (TM) (Routledge 1997)

10

PUBLIC INTERNATIONAL LAW Module Convenor Dr Luis Eslava

Autumn Term Module Code LW814 This module provides a detailed study of the history rules doctrines and institutions of public international law It offers a critical analysis of the international legal order and a firm basis upon which to found arguments concerning the political importance of international law The module pays special attention to the way in which the evolution and operation of the international legal order influence not only international relations but also daily domestic life At the end of the course students will be able to assess both internally and in context the main the rules doctrines and institutions of public international law Students will also develop the necessary tools to reflect critically on some of the most important problems and tensions that define the contemporary global order from calamities resulting from war international interventions and surveillance strategies in countries like Afghanistan Libya and Pakistan to the everyday effects of increasing socio-economic disparities and environmental decay in both the Global South and the Global North The teaching discussions and readings in the module will equip students both with a doctrinal understanding of public international law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective Core texts J Klabbers International Law (CUP 2013) J Crawford and M Koskenniemi (eds) Cambridge Companion to International Law (CUP 2012) General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2007) L Eslava Local Space Global Life The Everyday Operation of International Law and Development (CUP 2015) M Shaw International Law 7th ed (CUP 2014) S Marks International Law on the Left (OUP 2008) A Orford International Law and its Others (CUP 2006) A Orford International Authority and the Responsibility to Protect (CUP 2011) S Pahuja Decolonizing International Law (CUP 2011) B Rajagopal International Law from Below Development Social Movements and Third World Resistance (CUP 2003) G Simpson Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (Cambridge 2004)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

2

CONTENTS

Code Module Title

Page

LW919 Legal Research and Writing Skills COMPULSORY MODULE

4

LW801 Intellectual Property 1 Copyright and Breach of Confidence

5

LW802 International Business Transactions

6

LW810 International Law on Foreign Investment

7

LW811 International Commercial Arbitration

8

LW813 Contemporary Topics in Intellectual Property

9

LW814 Public International Law

10

LW815 European Union Constitutional and Institutional Law

11

LW839 Environmental Quality Law

12

LW843 International Human Rights Law

13

LW844 Legal Aspects of Contemporary International Problems

14

LW846 International Criminal Law

15

LW847 World Trade Organisation Law and Practice

16

LW852 European Union Environmental Law and Policy

18

LW862 Death and Dying

19

LW863 Consent to Treatment

20

LW866 Medical Practice and Malpractice

21

LW867 Reproduction and the Beginning of Life

22

3

LW871

Policing

23

LW884 International Environmental Law ndash Substantive Legal Aspects

24

LW886 Transnational Criminal Law

25

LW899 Corporate Governance

26

LW900 Critical International Migration Law

27

LW904 Laws of the Maritime Air and Outer Spaces

28

LW905 International Financial Services Regulation

29

LW906 International Environmental Law ndash Legal Foundations

31

LW908 International and Comparative Consumer Law and Policy

32

LW916 European Union International Relations Law

33

LW918 International and Comparative Bankruptcy and Insolvency Law amp Policy

34

LW921 Privacy and Data Protection Law

35

LW922 Labour Rights in a Global Economy

36

LW924 European Union Criminal Law and Procedure

37

LW925 Cultural Heritage Law

38

LW927 Law and Humanities 1 Ethos and Scholarship

39

LW928 Law and Humanities 2 Current Issues

40

LW931 Land Development and Conservation Law

41

LW932 European Union Citizenship and Residence Rights ndash Clinical Option

42

LW933 Intellectual Property and Industrial Practices

43

LW934 Intellectual Property 2 Patents and Trade Marks

44

4

LEGAL RESEARCH AND WRITING SKILLS Module Convenor Dr Sophie Vigneron

Autumn Term Spring Term

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-contributory module which does not count towards your degree but it will appear on your final transcript with a PassFail result The module is timetabled from 1600-1800 on Mondays in Eliot Lecture Theatre 2 (ELT2) 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 that will enable them to develop their own critical approach to their chosen dissertation topic Please see separate programme for further details on each session

General reading W C Booth The Craft of Research (University of Chicago Press 2009) M Davies Asking the Law Question (Lawbook Co 2008) H Carr et al Skills for Law Students (OUP 2009) J Law After Method Mess in Social Science research (Routledge 2004) G Samuel The Foundations of Legal Reasoning (Maklu 1994) W Twining amp D Miers How to Do Things with Rules (Butterworths 1999)

5

INTELLECTUAL PROPERTY 1 COPYRIGHT AND BREACH OF CONFIDENCE Module Convenor Dr Joseacute Bellido

Autumn Term Module Code LW801 Over the past few decades the scope of the law of copyright and the action for breach of confidence have grown significantly The goal of the module 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 these areas of law from historical theoretical and practical perspectives The emphasis throughout the module is on reflexive critique That is we will study the different modes of justifying copyright and the action for breach of confidence the different historical approaches to trace the ways in which we can understand them 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 copyright and secrecy the problems and the challenges posed by photographs confidential memoranda and personal diaries as well as the more practical question on the way of producing evidence in copyright and breach of confidence trials No prior knowledge or study of intellectual property is required General reading L Bently amp B Sherman Intellectual Property Law (Oxford 2014) D Gervais and S Frankel Advanced Introduction to Intellectual Property (EE 2015) J Ginsburg and E Treppoz International Copyright Law (EE 2015) F Gurry Breach of Confidence (Oxford 1984) Blackstonersquos Statutes on Intellectual Property (latest edition)

6

INTERNATIONAL BUSINESS TRANSACTIONS Module Convenor Dr Alan McKenna

Autumn Term Module Code LW802 This module will examine the problems that arise in commercial transactions between businesses established in different States The module will concentrate specifically on the lsquotransnationalrsquo nature of such transactions and some of the solutions characteristically adopted by different legal systems with emphasis on International English or the US systems 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 Acquisitions and the importance of information and communication technologies Indicative 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 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 Lading Matesrsquo 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 I Carr International Trade Law 5th ed (Routledge 2014) J C T Chuah Law of International Trade 5th ed (Sweet amp Maxwell 2013) C Murray D Holloway amp D Timson-Hunt Schmitthoff The Law and Practice of International Trade 13th ed (Sweet amp Maxwell 2016) Further reading S Baughen Shipping Law 6th ed (Routledge 2015) M Bridge The International Sale of Goods 3rd ed (OUP 2013) A Rogers amp J C T Chuah Cases and Materials on the Carriage of Goods by Sea (Routledge 2016)

7

INTERNATIONAL LAW ON FOREIGN INVESTMENT Module Convenor Professor Harm Schepel

Spring Term Module Code LW810 This module explores the legal implications (practical and theoretical) of foreign direct investment Attention is paid to the perspectives of states investors civil society actors and theorists and to placing legal implications in their economic social political and historical context Questions considered include

What political economic and legal actors and factors have shaped the international law on foreign investment

What are the legal implications of the fact that most foreign investments are made by corporations

What roles can host state legal systems play in attracting and regulating foreign investments

What international legal mechanisms are used to enable foreign investment

What challenges do current concerns with corruption and tax evasion pose to existing international law on foreign investment

General reading M Sornarajah The International Law on Foreign Investment (CUP 2010) A Perry-Kessaris Global Business Local Law the Indian legal system as a communal resource in foreign investment relations (2008) A Perry-Kessaris (ed) Socio-legal approaches to international economic law Text context subtext (Routledge 2010) P Dicken Global Shiftrsquo (2011) A Lowenfeld International Economic Law (2008) M Herdegen Principles of International Economic Law Chapter (2013) P Muchlinski Multinational Enterprises and the Law (2007) J Bakan The Corporation Constable (2005) J Salacuse The Law of Investment Treaties (2010)

8

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 and PCA) The module covers current issues and developments relating to international commercial arbitration including arbitral jurisdiction applicable procedural and substantive laws the status and role of arbitration agreements the conduct of arbitral proceedings the arbitral award challenge recognition and enforcement of award and online arbitrationonline dispute resolution (ODR) The English Arbitration Act 1996 and the UNCITRAL Rules as well as the UNCITRAL Model Law will be examined closely The course will also critically examine the relationship between international commercial arbitration and international development law as well as aspects of the international commercial arbitration concerning sovereign states in oil and gas disputes Comparative study will be made of the emerging commercial arbitration legislation and international arbitral practice of certain developing states such as Nigeria India and China The course also aims to provide an appreciation of the similarities and contrasts between the work of international arbitral institutions and the work of international courts such as the International Court of Justice in commercial and economic matters Topics covered

The Concept of Alternative Dispute Resolution (ADR) and International Commercial Arbitration

The Applicable Procedural and Substantive Law of Arbitration Arbitration Clauses and Submission Agreements

Arbitration in the resolution of Oil and Gas and Energy Disputes

Establishment and Organization of Arbitral Tribunal

Powers Duties and Jurisdiction of an Arbitral Tribunal

Public Policy in International Commercial Arbitration

Trends and Developments in the International Arbitral and Adjudicatory Practice of Energy Disputes

The Arbitral Award and Its Drafting General reading A Redfern amp M Hunter Law and Practice of International Commercial Arbitration 5th ed (Sweet amp Maxwell 2009)

9

CONTEMPORARY TOPICS IN INTELLECTUAL PROPERTY

Module Convenor Dr Hyo Kang Autumn Term

Module Code LW813 This module introduces in detail some of the most acute and pressing current problems in intellectual property such as copyright and piracy in visual arts and music justification for patents and their effects on scientific knowledge production and the effects of logos and brands in capitalist symbolic economy Offering a different way into the study of intellectual properties than by statues and case law this course aims to provide students with a deep and nuanced understanding of intellectual properties both as social practices and cultural phenomena in todayrsquos lsquoknowledge economyrsquo Students will be introduced to the latest theoretical debates in humanities and social sciences about intellectual properties which will complement a doctrinal study of intellectual property forms and allow for a differentiated assessment of lawrsquos effects and limitations Topics to be explored may include

What is original Why is there so much value attached to lsquooriginalityrsquo

Does free knowledge go hand in hand with precarious labour in creative industries

What are the modes of intellectual credit Are there other forms of credit than property

What is the lsquointellectualrsquo in intellectual properties How do you draw contours around intangible knowledge

Can nature be patented Do patents turn human persons into things

Is enforcing patents on pharmaceuticals in developing countries just

Do trademarks commodify language Readings will be drawn from the multi-disciplinary scholarship on intellectual properties including anthropology history science studies economics and social theory Attendance of LW801 Intellectual Property Law 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 General reading M Biagioli P Jaszi amp M Woodmansee (eds) Making and Unmaking Intellectual Property (Chicago 2011) R Coombes The Cultural Life of Intellectual Properties (Duke 1998) C Lury Brands The Logos of Global Economy (Routledge 2004) N Klein No Logo (Picador 2000) K Sunder Rajan Biocapital (Duke 2006) D Haraway Modest_WitnessSecond_Millennium Female_Man_Meets_OncoMouse (TM) (Routledge 1997)

10

PUBLIC INTERNATIONAL LAW Module Convenor Dr Luis Eslava

Autumn Term Module Code LW814 This module provides a detailed study of the history rules doctrines and institutions of public international law It offers a critical analysis of the international legal order and a firm basis upon which to found arguments concerning the political importance of international law The module pays special attention to the way in which the evolution and operation of the international legal order influence not only international relations but also daily domestic life At the end of the course students will be able to assess both internally and in context the main the rules doctrines and institutions of public international law Students will also develop the necessary tools to reflect critically on some of the most important problems and tensions that define the contemporary global order from calamities resulting from war international interventions and surveillance strategies in countries like Afghanistan Libya and Pakistan to the everyday effects of increasing socio-economic disparities and environmental decay in both the Global South and the Global North The teaching discussions and readings in the module will equip students both with a doctrinal understanding of public international law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective Core texts J Klabbers International Law (CUP 2013) J Crawford and M Koskenniemi (eds) Cambridge Companion to International Law (CUP 2012) General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2007) L Eslava Local Space Global Life The Everyday Operation of International Law and Development (CUP 2015) M Shaw International Law 7th ed (CUP 2014) S Marks International Law on the Left (OUP 2008) A Orford International Law and its Others (CUP 2006) A Orford International Authority and the Responsibility to Protect (CUP 2011) S Pahuja Decolonizing International Law (CUP 2011) B Rajagopal International Law from Below Development Social Movements and Third World Resistance (CUP 2003) G Simpson Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (Cambridge 2004)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

3

LW871

Policing

23

LW884 International Environmental Law ndash Substantive Legal Aspects

24

LW886 Transnational Criminal Law

25

LW899 Corporate Governance

26

LW900 Critical International Migration Law

27

LW904 Laws of the Maritime Air and Outer Spaces

28

LW905 International Financial Services Regulation

29

LW906 International Environmental Law ndash Legal Foundations

31

LW908 International and Comparative Consumer Law and Policy

32

LW916 European Union International Relations Law

33

LW918 International and Comparative Bankruptcy and Insolvency Law amp Policy

34

LW921 Privacy and Data Protection Law

35

LW922 Labour Rights in a Global Economy

36

LW924 European Union Criminal Law and Procedure

37

LW925 Cultural Heritage Law

38

LW927 Law and Humanities 1 Ethos and Scholarship

39

LW928 Law and Humanities 2 Current Issues

40

LW931 Land Development and Conservation Law

41

LW932 European Union Citizenship and Residence Rights ndash Clinical Option

42

LW933 Intellectual Property and Industrial Practices

43

LW934 Intellectual Property 2 Patents and Trade Marks

44

4

LEGAL RESEARCH AND WRITING SKILLS Module Convenor Dr Sophie Vigneron

Autumn Term Spring Term

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-contributory module which does not count towards your degree but it will appear on your final transcript with a PassFail result The module is timetabled from 1600-1800 on Mondays in Eliot Lecture Theatre 2 (ELT2) 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 that will enable them to develop their own critical approach to their chosen dissertation topic Please see separate programme for further details on each session

General reading W C Booth The Craft of Research (University of Chicago Press 2009) M Davies Asking the Law Question (Lawbook Co 2008) H Carr et al Skills for Law Students (OUP 2009) J Law After Method Mess in Social Science research (Routledge 2004) G Samuel The Foundations of Legal Reasoning (Maklu 1994) W Twining amp D Miers How to Do Things with Rules (Butterworths 1999)

5

INTELLECTUAL PROPERTY 1 COPYRIGHT AND BREACH OF CONFIDENCE Module Convenor Dr Joseacute Bellido

Autumn Term Module Code LW801 Over the past few decades the scope of the law of copyright and the action for breach of confidence have grown significantly The goal of the module 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 these areas of law from historical theoretical and practical perspectives The emphasis throughout the module is on reflexive critique That is we will study the different modes of justifying copyright and the action for breach of confidence the different historical approaches to trace the ways in which we can understand them 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 copyright and secrecy the problems and the challenges posed by photographs confidential memoranda and personal diaries as well as the more practical question on the way of producing evidence in copyright and breach of confidence trials No prior knowledge or study of intellectual property is required General reading L Bently amp B Sherman Intellectual Property Law (Oxford 2014) D Gervais and S Frankel Advanced Introduction to Intellectual Property (EE 2015) J Ginsburg and E Treppoz International Copyright Law (EE 2015) F Gurry Breach of Confidence (Oxford 1984) Blackstonersquos Statutes on Intellectual Property (latest edition)

6

INTERNATIONAL BUSINESS TRANSACTIONS Module Convenor Dr Alan McKenna

Autumn Term Module Code LW802 This module will examine the problems that arise in commercial transactions between businesses established in different States The module will concentrate specifically on the lsquotransnationalrsquo nature of such transactions and some of the solutions characteristically adopted by different legal systems with emphasis on International English or the US systems 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 Acquisitions and the importance of information and communication technologies Indicative 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 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 Lading Matesrsquo 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 I Carr International Trade Law 5th ed (Routledge 2014) J C T Chuah Law of International Trade 5th ed (Sweet amp Maxwell 2013) C Murray D Holloway amp D Timson-Hunt Schmitthoff The Law and Practice of International Trade 13th ed (Sweet amp Maxwell 2016) Further reading S Baughen Shipping Law 6th ed (Routledge 2015) M Bridge The International Sale of Goods 3rd ed (OUP 2013) A Rogers amp J C T Chuah Cases and Materials on the Carriage of Goods by Sea (Routledge 2016)

7

INTERNATIONAL LAW ON FOREIGN INVESTMENT Module Convenor Professor Harm Schepel

Spring Term Module Code LW810 This module explores the legal implications (practical and theoretical) of foreign direct investment Attention is paid to the perspectives of states investors civil society actors and theorists and to placing legal implications in their economic social political and historical context Questions considered include

What political economic and legal actors and factors have shaped the international law on foreign investment

What are the legal implications of the fact that most foreign investments are made by corporations

What roles can host state legal systems play in attracting and regulating foreign investments

What international legal mechanisms are used to enable foreign investment

What challenges do current concerns with corruption and tax evasion pose to existing international law on foreign investment

General reading M Sornarajah The International Law on Foreign Investment (CUP 2010) A Perry-Kessaris Global Business Local Law the Indian legal system as a communal resource in foreign investment relations (2008) A Perry-Kessaris (ed) Socio-legal approaches to international economic law Text context subtext (Routledge 2010) P Dicken Global Shiftrsquo (2011) A Lowenfeld International Economic Law (2008) M Herdegen Principles of International Economic Law Chapter (2013) P Muchlinski Multinational Enterprises and the Law (2007) J Bakan The Corporation Constable (2005) J Salacuse The Law of Investment Treaties (2010)

8

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 and PCA) The module covers current issues and developments relating to international commercial arbitration including arbitral jurisdiction applicable procedural and substantive laws the status and role of arbitration agreements the conduct of arbitral proceedings the arbitral award challenge recognition and enforcement of award and online arbitrationonline dispute resolution (ODR) The English Arbitration Act 1996 and the UNCITRAL Rules as well as the UNCITRAL Model Law will be examined closely The course will also critically examine the relationship between international commercial arbitration and international development law as well as aspects of the international commercial arbitration concerning sovereign states in oil and gas disputes Comparative study will be made of the emerging commercial arbitration legislation and international arbitral practice of certain developing states such as Nigeria India and China The course also aims to provide an appreciation of the similarities and contrasts between the work of international arbitral institutions and the work of international courts such as the International Court of Justice in commercial and economic matters Topics covered

The Concept of Alternative Dispute Resolution (ADR) and International Commercial Arbitration

The Applicable Procedural and Substantive Law of Arbitration Arbitration Clauses and Submission Agreements

Arbitration in the resolution of Oil and Gas and Energy Disputes

Establishment and Organization of Arbitral Tribunal

Powers Duties and Jurisdiction of an Arbitral Tribunal

Public Policy in International Commercial Arbitration

Trends and Developments in the International Arbitral and Adjudicatory Practice of Energy Disputes

The Arbitral Award and Its Drafting General reading A Redfern amp M Hunter Law and Practice of International Commercial Arbitration 5th ed (Sweet amp Maxwell 2009)

9

CONTEMPORARY TOPICS IN INTELLECTUAL PROPERTY

Module Convenor Dr Hyo Kang Autumn Term

Module Code LW813 This module introduces in detail some of the most acute and pressing current problems in intellectual property such as copyright and piracy in visual arts and music justification for patents and their effects on scientific knowledge production and the effects of logos and brands in capitalist symbolic economy Offering a different way into the study of intellectual properties than by statues and case law this course aims to provide students with a deep and nuanced understanding of intellectual properties both as social practices and cultural phenomena in todayrsquos lsquoknowledge economyrsquo Students will be introduced to the latest theoretical debates in humanities and social sciences about intellectual properties which will complement a doctrinal study of intellectual property forms and allow for a differentiated assessment of lawrsquos effects and limitations Topics to be explored may include

What is original Why is there so much value attached to lsquooriginalityrsquo

Does free knowledge go hand in hand with precarious labour in creative industries

What are the modes of intellectual credit Are there other forms of credit than property

What is the lsquointellectualrsquo in intellectual properties How do you draw contours around intangible knowledge

Can nature be patented Do patents turn human persons into things

Is enforcing patents on pharmaceuticals in developing countries just

Do trademarks commodify language Readings will be drawn from the multi-disciplinary scholarship on intellectual properties including anthropology history science studies economics and social theory Attendance of LW801 Intellectual Property Law 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 General reading M Biagioli P Jaszi amp M Woodmansee (eds) Making and Unmaking Intellectual Property (Chicago 2011) R Coombes The Cultural Life of Intellectual Properties (Duke 1998) C Lury Brands The Logos of Global Economy (Routledge 2004) N Klein No Logo (Picador 2000) K Sunder Rajan Biocapital (Duke 2006) D Haraway Modest_WitnessSecond_Millennium Female_Man_Meets_OncoMouse (TM) (Routledge 1997)

10

PUBLIC INTERNATIONAL LAW Module Convenor Dr Luis Eslava

Autumn Term Module Code LW814 This module provides a detailed study of the history rules doctrines and institutions of public international law It offers a critical analysis of the international legal order and a firm basis upon which to found arguments concerning the political importance of international law The module pays special attention to the way in which the evolution and operation of the international legal order influence not only international relations but also daily domestic life At the end of the course students will be able to assess both internally and in context the main the rules doctrines and institutions of public international law Students will also develop the necessary tools to reflect critically on some of the most important problems and tensions that define the contemporary global order from calamities resulting from war international interventions and surveillance strategies in countries like Afghanistan Libya and Pakistan to the everyday effects of increasing socio-economic disparities and environmental decay in both the Global South and the Global North The teaching discussions and readings in the module will equip students both with a doctrinal understanding of public international law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective Core texts J Klabbers International Law (CUP 2013) J Crawford and M Koskenniemi (eds) Cambridge Companion to International Law (CUP 2012) General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2007) L Eslava Local Space Global Life The Everyday Operation of International Law and Development (CUP 2015) M Shaw International Law 7th ed (CUP 2014) S Marks International Law on the Left (OUP 2008) A Orford International Law and its Others (CUP 2006) A Orford International Authority and the Responsibility to Protect (CUP 2011) S Pahuja Decolonizing International Law (CUP 2011) B Rajagopal International Law from Below Development Social Movements and Third World Resistance (CUP 2003) G Simpson Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (Cambridge 2004)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

4

LEGAL RESEARCH AND WRITING SKILLS Module Convenor Dr Sophie Vigneron

Autumn Term Spring Term

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-contributory module which does not count towards your degree but it will appear on your final transcript with a PassFail result The module is timetabled from 1600-1800 on Mondays in Eliot Lecture Theatre 2 (ELT2) 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 that will enable them to develop their own critical approach to their chosen dissertation topic Please see separate programme for further details on each session

General reading W C Booth The Craft of Research (University of Chicago Press 2009) M Davies Asking the Law Question (Lawbook Co 2008) H Carr et al Skills for Law Students (OUP 2009) J Law After Method Mess in Social Science research (Routledge 2004) G Samuel The Foundations of Legal Reasoning (Maklu 1994) W Twining amp D Miers How to Do Things with Rules (Butterworths 1999)

5

INTELLECTUAL PROPERTY 1 COPYRIGHT AND BREACH OF CONFIDENCE Module Convenor Dr Joseacute Bellido

Autumn Term Module Code LW801 Over the past few decades the scope of the law of copyright and the action for breach of confidence have grown significantly The goal of the module 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 these areas of law from historical theoretical and practical perspectives The emphasis throughout the module is on reflexive critique That is we will study the different modes of justifying copyright and the action for breach of confidence the different historical approaches to trace the ways in which we can understand them 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 copyright and secrecy the problems and the challenges posed by photographs confidential memoranda and personal diaries as well as the more practical question on the way of producing evidence in copyright and breach of confidence trials No prior knowledge or study of intellectual property is required General reading L Bently amp B Sherman Intellectual Property Law (Oxford 2014) D Gervais and S Frankel Advanced Introduction to Intellectual Property (EE 2015) J Ginsburg and E Treppoz International Copyright Law (EE 2015) F Gurry Breach of Confidence (Oxford 1984) Blackstonersquos Statutes on Intellectual Property (latest edition)

6

INTERNATIONAL BUSINESS TRANSACTIONS Module Convenor Dr Alan McKenna

Autumn Term Module Code LW802 This module will examine the problems that arise in commercial transactions between businesses established in different States The module will concentrate specifically on the lsquotransnationalrsquo nature of such transactions and some of the solutions characteristically adopted by different legal systems with emphasis on International English or the US systems 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 Acquisitions and the importance of information and communication technologies Indicative 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 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 Lading Matesrsquo 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 I Carr International Trade Law 5th ed (Routledge 2014) J C T Chuah Law of International Trade 5th ed (Sweet amp Maxwell 2013) C Murray D Holloway amp D Timson-Hunt Schmitthoff The Law and Practice of International Trade 13th ed (Sweet amp Maxwell 2016) Further reading S Baughen Shipping Law 6th ed (Routledge 2015) M Bridge The International Sale of Goods 3rd ed (OUP 2013) A Rogers amp J C T Chuah Cases and Materials on the Carriage of Goods by Sea (Routledge 2016)

7

INTERNATIONAL LAW ON FOREIGN INVESTMENT Module Convenor Professor Harm Schepel

Spring Term Module Code LW810 This module explores the legal implications (practical and theoretical) of foreign direct investment Attention is paid to the perspectives of states investors civil society actors and theorists and to placing legal implications in their economic social political and historical context Questions considered include

What political economic and legal actors and factors have shaped the international law on foreign investment

What are the legal implications of the fact that most foreign investments are made by corporations

What roles can host state legal systems play in attracting and regulating foreign investments

What international legal mechanisms are used to enable foreign investment

What challenges do current concerns with corruption and tax evasion pose to existing international law on foreign investment

General reading M Sornarajah The International Law on Foreign Investment (CUP 2010) A Perry-Kessaris Global Business Local Law the Indian legal system as a communal resource in foreign investment relations (2008) A Perry-Kessaris (ed) Socio-legal approaches to international economic law Text context subtext (Routledge 2010) P Dicken Global Shiftrsquo (2011) A Lowenfeld International Economic Law (2008) M Herdegen Principles of International Economic Law Chapter (2013) P Muchlinski Multinational Enterprises and the Law (2007) J Bakan The Corporation Constable (2005) J Salacuse The Law of Investment Treaties (2010)

8

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 and PCA) The module covers current issues and developments relating to international commercial arbitration including arbitral jurisdiction applicable procedural and substantive laws the status and role of arbitration agreements the conduct of arbitral proceedings the arbitral award challenge recognition and enforcement of award and online arbitrationonline dispute resolution (ODR) The English Arbitration Act 1996 and the UNCITRAL Rules as well as the UNCITRAL Model Law will be examined closely The course will also critically examine the relationship between international commercial arbitration and international development law as well as aspects of the international commercial arbitration concerning sovereign states in oil and gas disputes Comparative study will be made of the emerging commercial arbitration legislation and international arbitral practice of certain developing states such as Nigeria India and China The course also aims to provide an appreciation of the similarities and contrasts between the work of international arbitral institutions and the work of international courts such as the International Court of Justice in commercial and economic matters Topics covered

The Concept of Alternative Dispute Resolution (ADR) and International Commercial Arbitration

The Applicable Procedural and Substantive Law of Arbitration Arbitration Clauses and Submission Agreements

Arbitration in the resolution of Oil and Gas and Energy Disputes

Establishment and Organization of Arbitral Tribunal

Powers Duties and Jurisdiction of an Arbitral Tribunal

Public Policy in International Commercial Arbitration

Trends and Developments in the International Arbitral and Adjudicatory Practice of Energy Disputes

The Arbitral Award and Its Drafting General reading A Redfern amp M Hunter Law and Practice of International Commercial Arbitration 5th ed (Sweet amp Maxwell 2009)

9

CONTEMPORARY TOPICS IN INTELLECTUAL PROPERTY

Module Convenor Dr Hyo Kang Autumn Term

Module Code LW813 This module introduces in detail some of the most acute and pressing current problems in intellectual property such as copyright and piracy in visual arts and music justification for patents and their effects on scientific knowledge production and the effects of logos and brands in capitalist symbolic economy Offering a different way into the study of intellectual properties than by statues and case law this course aims to provide students with a deep and nuanced understanding of intellectual properties both as social practices and cultural phenomena in todayrsquos lsquoknowledge economyrsquo Students will be introduced to the latest theoretical debates in humanities and social sciences about intellectual properties which will complement a doctrinal study of intellectual property forms and allow for a differentiated assessment of lawrsquos effects and limitations Topics to be explored may include

What is original Why is there so much value attached to lsquooriginalityrsquo

Does free knowledge go hand in hand with precarious labour in creative industries

What are the modes of intellectual credit Are there other forms of credit than property

What is the lsquointellectualrsquo in intellectual properties How do you draw contours around intangible knowledge

Can nature be patented Do patents turn human persons into things

Is enforcing patents on pharmaceuticals in developing countries just

Do trademarks commodify language Readings will be drawn from the multi-disciplinary scholarship on intellectual properties including anthropology history science studies economics and social theory Attendance of LW801 Intellectual Property Law 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 General reading M Biagioli P Jaszi amp M Woodmansee (eds) Making and Unmaking Intellectual Property (Chicago 2011) R Coombes The Cultural Life of Intellectual Properties (Duke 1998) C Lury Brands The Logos of Global Economy (Routledge 2004) N Klein No Logo (Picador 2000) K Sunder Rajan Biocapital (Duke 2006) D Haraway Modest_WitnessSecond_Millennium Female_Man_Meets_OncoMouse (TM) (Routledge 1997)

10

PUBLIC INTERNATIONAL LAW Module Convenor Dr Luis Eslava

Autumn Term Module Code LW814 This module provides a detailed study of the history rules doctrines and institutions of public international law It offers a critical analysis of the international legal order and a firm basis upon which to found arguments concerning the political importance of international law The module pays special attention to the way in which the evolution and operation of the international legal order influence not only international relations but also daily domestic life At the end of the course students will be able to assess both internally and in context the main the rules doctrines and institutions of public international law Students will also develop the necessary tools to reflect critically on some of the most important problems and tensions that define the contemporary global order from calamities resulting from war international interventions and surveillance strategies in countries like Afghanistan Libya and Pakistan to the everyday effects of increasing socio-economic disparities and environmental decay in both the Global South and the Global North The teaching discussions and readings in the module will equip students both with a doctrinal understanding of public international law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective Core texts J Klabbers International Law (CUP 2013) J Crawford and M Koskenniemi (eds) Cambridge Companion to International Law (CUP 2012) General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2007) L Eslava Local Space Global Life The Everyday Operation of International Law and Development (CUP 2015) M Shaw International Law 7th ed (CUP 2014) S Marks International Law on the Left (OUP 2008) A Orford International Law and its Others (CUP 2006) A Orford International Authority and the Responsibility to Protect (CUP 2011) S Pahuja Decolonizing International Law (CUP 2011) B Rajagopal International Law from Below Development Social Movements and Third World Resistance (CUP 2003) G Simpson Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (Cambridge 2004)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

5

INTELLECTUAL PROPERTY 1 COPYRIGHT AND BREACH OF CONFIDENCE Module Convenor Dr Joseacute Bellido

Autumn Term Module Code LW801 Over the past few decades the scope of the law of copyright and the action for breach of confidence have grown significantly The goal of the module 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 these areas of law from historical theoretical and practical perspectives The emphasis throughout the module is on reflexive critique That is we will study the different modes of justifying copyright and the action for breach of confidence the different historical approaches to trace the ways in which we can understand them 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 copyright and secrecy the problems and the challenges posed by photographs confidential memoranda and personal diaries as well as the more practical question on the way of producing evidence in copyright and breach of confidence trials No prior knowledge or study of intellectual property is required General reading L Bently amp B Sherman Intellectual Property Law (Oxford 2014) D Gervais and S Frankel Advanced Introduction to Intellectual Property (EE 2015) J Ginsburg and E Treppoz International Copyright Law (EE 2015) F Gurry Breach of Confidence (Oxford 1984) Blackstonersquos Statutes on Intellectual Property (latest edition)

6

INTERNATIONAL BUSINESS TRANSACTIONS Module Convenor Dr Alan McKenna

Autumn Term Module Code LW802 This module will examine the problems that arise in commercial transactions between businesses established in different States The module will concentrate specifically on the lsquotransnationalrsquo nature of such transactions and some of the solutions characteristically adopted by different legal systems with emphasis on International English or the US systems 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 Acquisitions and the importance of information and communication technologies Indicative 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 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 Lading Matesrsquo 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 I Carr International Trade Law 5th ed (Routledge 2014) J C T Chuah Law of International Trade 5th ed (Sweet amp Maxwell 2013) C Murray D Holloway amp D Timson-Hunt Schmitthoff The Law and Practice of International Trade 13th ed (Sweet amp Maxwell 2016) Further reading S Baughen Shipping Law 6th ed (Routledge 2015) M Bridge The International Sale of Goods 3rd ed (OUP 2013) A Rogers amp J C T Chuah Cases and Materials on the Carriage of Goods by Sea (Routledge 2016)

7

INTERNATIONAL LAW ON FOREIGN INVESTMENT Module Convenor Professor Harm Schepel

Spring Term Module Code LW810 This module explores the legal implications (practical and theoretical) of foreign direct investment Attention is paid to the perspectives of states investors civil society actors and theorists and to placing legal implications in their economic social political and historical context Questions considered include

What political economic and legal actors and factors have shaped the international law on foreign investment

What are the legal implications of the fact that most foreign investments are made by corporations

What roles can host state legal systems play in attracting and regulating foreign investments

What international legal mechanisms are used to enable foreign investment

What challenges do current concerns with corruption and tax evasion pose to existing international law on foreign investment

General reading M Sornarajah The International Law on Foreign Investment (CUP 2010) A Perry-Kessaris Global Business Local Law the Indian legal system as a communal resource in foreign investment relations (2008) A Perry-Kessaris (ed) Socio-legal approaches to international economic law Text context subtext (Routledge 2010) P Dicken Global Shiftrsquo (2011) A Lowenfeld International Economic Law (2008) M Herdegen Principles of International Economic Law Chapter (2013) P Muchlinski Multinational Enterprises and the Law (2007) J Bakan The Corporation Constable (2005) J Salacuse The Law of Investment Treaties (2010)

8

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 and PCA) The module covers current issues and developments relating to international commercial arbitration including arbitral jurisdiction applicable procedural and substantive laws the status and role of arbitration agreements the conduct of arbitral proceedings the arbitral award challenge recognition and enforcement of award and online arbitrationonline dispute resolution (ODR) The English Arbitration Act 1996 and the UNCITRAL Rules as well as the UNCITRAL Model Law will be examined closely The course will also critically examine the relationship between international commercial arbitration and international development law as well as aspects of the international commercial arbitration concerning sovereign states in oil and gas disputes Comparative study will be made of the emerging commercial arbitration legislation and international arbitral practice of certain developing states such as Nigeria India and China The course also aims to provide an appreciation of the similarities and contrasts between the work of international arbitral institutions and the work of international courts such as the International Court of Justice in commercial and economic matters Topics covered

The Concept of Alternative Dispute Resolution (ADR) and International Commercial Arbitration

The Applicable Procedural and Substantive Law of Arbitration Arbitration Clauses and Submission Agreements

Arbitration in the resolution of Oil and Gas and Energy Disputes

Establishment and Organization of Arbitral Tribunal

Powers Duties and Jurisdiction of an Arbitral Tribunal

Public Policy in International Commercial Arbitration

Trends and Developments in the International Arbitral and Adjudicatory Practice of Energy Disputes

The Arbitral Award and Its Drafting General reading A Redfern amp M Hunter Law and Practice of International Commercial Arbitration 5th ed (Sweet amp Maxwell 2009)

9

CONTEMPORARY TOPICS IN INTELLECTUAL PROPERTY

Module Convenor Dr Hyo Kang Autumn Term

Module Code LW813 This module introduces in detail some of the most acute and pressing current problems in intellectual property such as copyright and piracy in visual arts and music justification for patents and their effects on scientific knowledge production and the effects of logos and brands in capitalist symbolic economy Offering a different way into the study of intellectual properties than by statues and case law this course aims to provide students with a deep and nuanced understanding of intellectual properties both as social practices and cultural phenomena in todayrsquos lsquoknowledge economyrsquo Students will be introduced to the latest theoretical debates in humanities and social sciences about intellectual properties which will complement a doctrinal study of intellectual property forms and allow for a differentiated assessment of lawrsquos effects and limitations Topics to be explored may include

What is original Why is there so much value attached to lsquooriginalityrsquo

Does free knowledge go hand in hand with precarious labour in creative industries

What are the modes of intellectual credit Are there other forms of credit than property

What is the lsquointellectualrsquo in intellectual properties How do you draw contours around intangible knowledge

Can nature be patented Do patents turn human persons into things

Is enforcing patents on pharmaceuticals in developing countries just

Do trademarks commodify language Readings will be drawn from the multi-disciplinary scholarship on intellectual properties including anthropology history science studies economics and social theory Attendance of LW801 Intellectual Property Law 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 General reading M Biagioli P Jaszi amp M Woodmansee (eds) Making and Unmaking Intellectual Property (Chicago 2011) R Coombes The Cultural Life of Intellectual Properties (Duke 1998) C Lury Brands The Logos of Global Economy (Routledge 2004) N Klein No Logo (Picador 2000) K Sunder Rajan Biocapital (Duke 2006) D Haraway Modest_WitnessSecond_Millennium Female_Man_Meets_OncoMouse (TM) (Routledge 1997)

10

PUBLIC INTERNATIONAL LAW Module Convenor Dr Luis Eslava

Autumn Term Module Code LW814 This module provides a detailed study of the history rules doctrines and institutions of public international law It offers a critical analysis of the international legal order and a firm basis upon which to found arguments concerning the political importance of international law The module pays special attention to the way in which the evolution and operation of the international legal order influence not only international relations but also daily domestic life At the end of the course students will be able to assess both internally and in context the main the rules doctrines and institutions of public international law Students will also develop the necessary tools to reflect critically on some of the most important problems and tensions that define the contemporary global order from calamities resulting from war international interventions and surveillance strategies in countries like Afghanistan Libya and Pakistan to the everyday effects of increasing socio-economic disparities and environmental decay in both the Global South and the Global North The teaching discussions and readings in the module will equip students both with a doctrinal understanding of public international law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective Core texts J Klabbers International Law (CUP 2013) J Crawford and M Koskenniemi (eds) Cambridge Companion to International Law (CUP 2012) General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2007) L Eslava Local Space Global Life The Everyday Operation of International Law and Development (CUP 2015) M Shaw International Law 7th ed (CUP 2014) S Marks International Law on the Left (OUP 2008) A Orford International Law and its Others (CUP 2006) A Orford International Authority and the Responsibility to Protect (CUP 2011) S Pahuja Decolonizing International Law (CUP 2011) B Rajagopal International Law from Below Development Social Movements and Third World Resistance (CUP 2003) G Simpson Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (Cambridge 2004)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

6

INTERNATIONAL BUSINESS TRANSACTIONS Module Convenor Dr Alan McKenna

Autumn Term Module Code LW802 This module will examine the problems that arise in commercial transactions between businesses established in different States The module will concentrate specifically on the lsquotransnationalrsquo nature of such transactions and some of the solutions characteristically adopted by different legal systems with emphasis on International English or the US systems 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 Acquisitions and the importance of information and communication technologies Indicative 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 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 Lading Matesrsquo 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 I Carr International Trade Law 5th ed (Routledge 2014) J C T Chuah Law of International Trade 5th ed (Sweet amp Maxwell 2013) C Murray D Holloway amp D Timson-Hunt Schmitthoff The Law and Practice of International Trade 13th ed (Sweet amp Maxwell 2016) Further reading S Baughen Shipping Law 6th ed (Routledge 2015) M Bridge The International Sale of Goods 3rd ed (OUP 2013) A Rogers amp J C T Chuah Cases and Materials on the Carriage of Goods by Sea (Routledge 2016)

7

INTERNATIONAL LAW ON FOREIGN INVESTMENT Module Convenor Professor Harm Schepel

Spring Term Module Code LW810 This module explores the legal implications (practical and theoretical) of foreign direct investment Attention is paid to the perspectives of states investors civil society actors and theorists and to placing legal implications in their economic social political and historical context Questions considered include

What political economic and legal actors and factors have shaped the international law on foreign investment

What are the legal implications of the fact that most foreign investments are made by corporations

What roles can host state legal systems play in attracting and regulating foreign investments

What international legal mechanisms are used to enable foreign investment

What challenges do current concerns with corruption and tax evasion pose to existing international law on foreign investment

General reading M Sornarajah The International Law on Foreign Investment (CUP 2010) A Perry-Kessaris Global Business Local Law the Indian legal system as a communal resource in foreign investment relations (2008) A Perry-Kessaris (ed) Socio-legal approaches to international economic law Text context subtext (Routledge 2010) P Dicken Global Shiftrsquo (2011) A Lowenfeld International Economic Law (2008) M Herdegen Principles of International Economic Law Chapter (2013) P Muchlinski Multinational Enterprises and the Law (2007) J Bakan The Corporation Constable (2005) J Salacuse The Law of Investment Treaties (2010)

8

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 and PCA) The module covers current issues and developments relating to international commercial arbitration including arbitral jurisdiction applicable procedural and substantive laws the status and role of arbitration agreements the conduct of arbitral proceedings the arbitral award challenge recognition and enforcement of award and online arbitrationonline dispute resolution (ODR) The English Arbitration Act 1996 and the UNCITRAL Rules as well as the UNCITRAL Model Law will be examined closely The course will also critically examine the relationship between international commercial arbitration and international development law as well as aspects of the international commercial arbitration concerning sovereign states in oil and gas disputes Comparative study will be made of the emerging commercial arbitration legislation and international arbitral practice of certain developing states such as Nigeria India and China The course also aims to provide an appreciation of the similarities and contrasts between the work of international arbitral institutions and the work of international courts such as the International Court of Justice in commercial and economic matters Topics covered

The Concept of Alternative Dispute Resolution (ADR) and International Commercial Arbitration

The Applicable Procedural and Substantive Law of Arbitration Arbitration Clauses and Submission Agreements

Arbitration in the resolution of Oil and Gas and Energy Disputes

Establishment and Organization of Arbitral Tribunal

Powers Duties and Jurisdiction of an Arbitral Tribunal

Public Policy in International Commercial Arbitration

Trends and Developments in the International Arbitral and Adjudicatory Practice of Energy Disputes

The Arbitral Award and Its Drafting General reading A Redfern amp M Hunter Law and Practice of International Commercial Arbitration 5th ed (Sweet amp Maxwell 2009)

9

CONTEMPORARY TOPICS IN INTELLECTUAL PROPERTY

Module Convenor Dr Hyo Kang Autumn Term

Module Code LW813 This module introduces in detail some of the most acute and pressing current problems in intellectual property such as copyright and piracy in visual arts and music justification for patents and their effects on scientific knowledge production and the effects of logos and brands in capitalist symbolic economy Offering a different way into the study of intellectual properties than by statues and case law this course aims to provide students with a deep and nuanced understanding of intellectual properties both as social practices and cultural phenomena in todayrsquos lsquoknowledge economyrsquo Students will be introduced to the latest theoretical debates in humanities and social sciences about intellectual properties which will complement a doctrinal study of intellectual property forms and allow for a differentiated assessment of lawrsquos effects and limitations Topics to be explored may include

What is original Why is there so much value attached to lsquooriginalityrsquo

Does free knowledge go hand in hand with precarious labour in creative industries

What are the modes of intellectual credit Are there other forms of credit than property

What is the lsquointellectualrsquo in intellectual properties How do you draw contours around intangible knowledge

Can nature be patented Do patents turn human persons into things

Is enforcing patents on pharmaceuticals in developing countries just

Do trademarks commodify language Readings will be drawn from the multi-disciplinary scholarship on intellectual properties including anthropology history science studies economics and social theory Attendance of LW801 Intellectual Property Law 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 General reading M Biagioli P Jaszi amp M Woodmansee (eds) Making and Unmaking Intellectual Property (Chicago 2011) R Coombes The Cultural Life of Intellectual Properties (Duke 1998) C Lury Brands The Logos of Global Economy (Routledge 2004) N Klein No Logo (Picador 2000) K Sunder Rajan Biocapital (Duke 2006) D Haraway Modest_WitnessSecond_Millennium Female_Man_Meets_OncoMouse (TM) (Routledge 1997)

10

PUBLIC INTERNATIONAL LAW Module Convenor Dr Luis Eslava

Autumn Term Module Code LW814 This module provides a detailed study of the history rules doctrines and institutions of public international law It offers a critical analysis of the international legal order and a firm basis upon which to found arguments concerning the political importance of international law The module pays special attention to the way in which the evolution and operation of the international legal order influence not only international relations but also daily domestic life At the end of the course students will be able to assess both internally and in context the main the rules doctrines and institutions of public international law Students will also develop the necessary tools to reflect critically on some of the most important problems and tensions that define the contemporary global order from calamities resulting from war international interventions and surveillance strategies in countries like Afghanistan Libya and Pakistan to the everyday effects of increasing socio-economic disparities and environmental decay in both the Global South and the Global North The teaching discussions and readings in the module will equip students both with a doctrinal understanding of public international law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective Core texts J Klabbers International Law (CUP 2013) J Crawford and M Koskenniemi (eds) Cambridge Companion to International Law (CUP 2012) General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2007) L Eslava Local Space Global Life The Everyday Operation of International Law and Development (CUP 2015) M Shaw International Law 7th ed (CUP 2014) S Marks International Law on the Left (OUP 2008) A Orford International Law and its Others (CUP 2006) A Orford International Authority and the Responsibility to Protect (CUP 2011) S Pahuja Decolonizing International Law (CUP 2011) B Rajagopal International Law from Below Development Social Movements and Third World Resistance (CUP 2003) G Simpson Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (Cambridge 2004)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

7

INTERNATIONAL LAW ON FOREIGN INVESTMENT Module Convenor Professor Harm Schepel

Spring Term Module Code LW810 This module explores the legal implications (practical and theoretical) of foreign direct investment Attention is paid to the perspectives of states investors civil society actors and theorists and to placing legal implications in their economic social political and historical context Questions considered include

What political economic and legal actors and factors have shaped the international law on foreign investment

What are the legal implications of the fact that most foreign investments are made by corporations

What roles can host state legal systems play in attracting and regulating foreign investments

What international legal mechanisms are used to enable foreign investment

What challenges do current concerns with corruption and tax evasion pose to existing international law on foreign investment

General reading M Sornarajah The International Law on Foreign Investment (CUP 2010) A Perry-Kessaris Global Business Local Law the Indian legal system as a communal resource in foreign investment relations (2008) A Perry-Kessaris (ed) Socio-legal approaches to international economic law Text context subtext (Routledge 2010) P Dicken Global Shiftrsquo (2011) A Lowenfeld International Economic Law (2008) M Herdegen Principles of International Economic Law Chapter (2013) P Muchlinski Multinational Enterprises and the Law (2007) J Bakan The Corporation Constable (2005) J Salacuse The Law of Investment Treaties (2010)

8

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 and PCA) The module covers current issues and developments relating to international commercial arbitration including arbitral jurisdiction applicable procedural and substantive laws the status and role of arbitration agreements the conduct of arbitral proceedings the arbitral award challenge recognition and enforcement of award and online arbitrationonline dispute resolution (ODR) The English Arbitration Act 1996 and the UNCITRAL Rules as well as the UNCITRAL Model Law will be examined closely The course will also critically examine the relationship between international commercial arbitration and international development law as well as aspects of the international commercial arbitration concerning sovereign states in oil and gas disputes Comparative study will be made of the emerging commercial arbitration legislation and international arbitral practice of certain developing states such as Nigeria India and China The course also aims to provide an appreciation of the similarities and contrasts between the work of international arbitral institutions and the work of international courts such as the International Court of Justice in commercial and economic matters Topics covered

The Concept of Alternative Dispute Resolution (ADR) and International Commercial Arbitration

The Applicable Procedural and Substantive Law of Arbitration Arbitration Clauses and Submission Agreements

Arbitration in the resolution of Oil and Gas and Energy Disputes

Establishment and Organization of Arbitral Tribunal

Powers Duties and Jurisdiction of an Arbitral Tribunal

Public Policy in International Commercial Arbitration

Trends and Developments in the International Arbitral and Adjudicatory Practice of Energy Disputes

The Arbitral Award and Its Drafting General reading A Redfern amp M Hunter Law and Practice of International Commercial Arbitration 5th ed (Sweet amp Maxwell 2009)

9

CONTEMPORARY TOPICS IN INTELLECTUAL PROPERTY

Module Convenor Dr Hyo Kang Autumn Term

Module Code LW813 This module introduces in detail some of the most acute and pressing current problems in intellectual property such as copyright and piracy in visual arts and music justification for patents and their effects on scientific knowledge production and the effects of logos and brands in capitalist symbolic economy Offering a different way into the study of intellectual properties than by statues and case law this course aims to provide students with a deep and nuanced understanding of intellectual properties both as social practices and cultural phenomena in todayrsquos lsquoknowledge economyrsquo Students will be introduced to the latest theoretical debates in humanities and social sciences about intellectual properties which will complement a doctrinal study of intellectual property forms and allow for a differentiated assessment of lawrsquos effects and limitations Topics to be explored may include

What is original Why is there so much value attached to lsquooriginalityrsquo

Does free knowledge go hand in hand with precarious labour in creative industries

What are the modes of intellectual credit Are there other forms of credit than property

What is the lsquointellectualrsquo in intellectual properties How do you draw contours around intangible knowledge

Can nature be patented Do patents turn human persons into things

Is enforcing patents on pharmaceuticals in developing countries just

Do trademarks commodify language Readings will be drawn from the multi-disciplinary scholarship on intellectual properties including anthropology history science studies economics and social theory Attendance of LW801 Intellectual Property Law 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 General reading M Biagioli P Jaszi amp M Woodmansee (eds) Making and Unmaking Intellectual Property (Chicago 2011) R Coombes The Cultural Life of Intellectual Properties (Duke 1998) C Lury Brands The Logos of Global Economy (Routledge 2004) N Klein No Logo (Picador 2000) K Sunder Rajan Biocapital (Duke 2006) D Haraway Modest_WitnessSecond_Millennium Female_Man_Meets_OncoMouse (TM) (Routledge 1997)

10

PUBLIC INTERNATIONAL LAW Module Convenor Dr Luis Eslava

Autumn Term Module Code LW814 This module provides a detailed study of the history rules doctrines and institutions of public international law It offers a critical analysis of the international legal order and a firm basis upon which to found arguments concerning the political importance of international law The module pays special attention to the way in which the evolution and operation of the international legal order influence not only international relations but also daily domestic life At the end of the course students will be able to assess both internally and in context the main the rules doctrines and institutions of public international law Students will also develop the necessary tools to reflect critically on some of the most important problems and tensions that define the contemporary global order from calamities resulting from war international interventions and surveillance strategies in countries like Afghanistan Libya and Pakistan to the everyday effects of increasing socio-economic disparities and environmental decay in both the Global South and the Global North The teaching discussions and readings in the module will equip students both with a doctrinal understanding of public international law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective Core texts J Klabbers International Law (CUP 2013) J Crawford and M Koskenniemi (eds) Cambridge Companion to International Law (CUP 2012) General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2007) L Eslava Local Space Global Life The Everyday Operation of International Law and Development (CUP 2015) M Shaw International Law 7th ed (CUP 2014) S Marks International Law on the Left (OUP 2008) A Orford International Law and its Others (CUP 2006) A Orford International Authority and the Responsibility to Protect (CUP 2011) S Pahuja Decolonizing International Law (CUP 2011) B Rajagopal International Law from Below Development Social Movements and Third World Resistance (CUP 2003) G Simpson Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (Cambridge 2004)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

8

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 and PCA) The module covers current issues and developments relating to international commercial arbitration including arbitral jurisdiction applicable procedural and substantive laws the status and role of arbitration agreements the conduct of arbitral proceedings the arbitral award challenge recognition and enforcement of award and online arbitrationonline dispute resolution (ODR) The English Arbitration Act 1996 and the UNCITRAL Rules as well as the UNCITRAL Model Law will be examined closely The course will also critically examine the relationship between international commercial arbitration and international development law as well as aspects of the international commercial arbitration concerning sovereign states in oil and gas disputes Comparative study will be made of the emerging commercial arbitration legislation and international arbitral practice of certain developing states such as Nigeria India and China The course also aims to provide an appreciation of the similarities and contrasts between the work of international arbitral institutions and the work of international courts such as the International Court of Justice in commercial and economic matters Topics covered

The Concept of Alternative Dispute Resolution (ADR) and International Commercial Arbitration

The Applicable Procedural and Substantive Law of Arbitration Arbitration Clauses and Submission Agreements

Arbitration in the resolution of Oil and Gas and Energy Disputes

Establishment and Organization of Arbitral Tribunal

Powers Duties and Jurisdiction of an Arbitral Tribunal

Public Policy in International Commercial Arbitration

Trends and Developments in the International Arbitral and Adjudicatory Practice of Energy Disputes

The Arbitral Award and Its Drafting General reading A Redfern amp M Hunter Law and Practice of International Commercial Arbitration 5th ed (Sweet amp Maxwell 2009)

9

CONTEMPORARY TOPICS IN INTELLECTUAL PROPERTY

Module Convenor Dr Hyo Kang Autumn Term

Module Code LW813 This module introduces in detail some of the most acute and pressing current problems in intellectual property such as copyright and piracy in visual arts and music justification for patents and their effects on scientific knowledge production and the effects of logos and brands in capitalist symbolic economy Offering a different way into the study of intellectual properties than by statues and case law this course aims to provide students with a deep and nuanced understanding of intellectual properties both as social practices and cultural phenomena in todayrsquos lsquoknowledge economyrsquo Students will be introduced to the latest theoretical debates in humanities and social sciences about intellectual properties which will complement a doctrinal study of intellectual property forms and allow for a differentiated assessment of lawrsquos effects and limitations Topics to be explored may include

What is original Why is there so much value attached to lsquooriginalityrsquo

Does free knowledge go hand in hand with precarious labour in creative industries

What are the modes of intellectual credit Are there other forms of credit than property

What is the lsquointellectualrsquo in intellectual properties How do you draw contours around intangible knowledge

Can nature be patented Do patents turn human persons into things

Is enforcing patents on pharmaceuticals in developing countries just

Do trademarks commodify language Readings will be drawn from the multi-disciplinary scholarship on intellectual properties including anthropology history science studies economics and social theory Attendance of LW801 Intellectual Property Law 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 General reading M Biagioli P Jaszi amp M Woodmansee (eds) Making and Unmaking Intellectual Property (Chicago 2011) R Coombes The Cultural Life of Intellectual Properties (Duke 1998) C Lury Brands The Logos of Global Economy (Routledge 2004) N Klein No Logo (Picador 2000) K Sunder Rajan Biocapital (Duke 2006) D Haraway Modest_WitnessSecond_Millennium Female_Man_Meets_OncoMouse (TM) (Routledge 1997)

10

PUBLIC INTERNATIONAL LAW Module Convenor Dr Luis Eslava

Autumn Term Module Code LW814 This module provides a detailed study of the history rules doctrines and institutions of public international law It offers a critical analysis of the international legal order and a firm basis upon which to found arguments concerning the political importance of international law The module pays special attention to the way in which the evolution and operation of the international legal order influence not only international relations but also daily domestic life At the end of the course students will be able to assess both internally and in context the main the rules doctrines and institutions of public international law Students will also develop the necessary tools to reflect critically on some of the most important problems and tensions that define the contemporary global order from calamities resulting from war international interventions and surveillance strategies in countries like Afghanistan Libya and Pakistan to the everyday effects of increasing socio-economic disparities and environmental decay in both the Global South and the Global North The teaching discussions and readings in the module will equip students both with a doctrinal understanding of public international law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective Core texts J Klabbers International Law (CUP 2013) J Crawford and M Koskenniemi (eds) Cambridge Companion to International Law (CUP 2012) General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2007) L Eslava Local Space Global Life The Everyday Operation of International Law and Development (CUP 2015) M Shaw International Law 7th ed (CUP 2014) S Marks International Law on the Left (OUP 2008) A Orford International Law and its Others (CUP 2006) A Orford International Authority and the Responsibility to Protect (CUP 2011) S Pahuja Decolonizing International Law (CUP 2011) B Rajagopal International Law from Below Development Social Movements and Third World Resistance (CUP 2003) G Simpson Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (Cambridge 2004)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

9

CONTEMPORARY TOPICS IN INTELLECTUAL PROPERTY

Module Convenor Dr Hyo Kang Autumn Term

Module Code LW813 This module introduces in detail some of the most acute and pressing current problems in intellectual property such as copyright and piracy in visual arts and music justification for patents and their effects on scientific knowledge production and the effects of logos and brands in capitalist symbolic economy Offering a different way into the study of intellectual properties than by statues and case law this course aims to provide students with a deep and nuanced understanding of intellectual properties both as social practices and cultural phenomena in todayrsquos lsquoknowledge economyrsquo Students will be introduced to the latest theoretical debates in humanities and social sciences about intellectual properties which will complement a doctrinal study of intellectual property forms and allow for a differentiated assessment of lawrsquos effects and limitations Topics to be explored may include

What is original Why is there so much value attached to lsquooriginalityrsquo

Does free knowledge go hand in hand with precarious labour in creative industries

What are the modes of intellectual credit Are there other forms of credit than property

What is the lsquointellectualrsquo in intellectual properties How do you draw contours around intangible knowledge

Can nature be patented Do patents turn human persons into things

Is enforcing patents on pharmaceuticals in developing countries just

Do trademarks commodify language Readings will be drawn from the multi-disciplinary scholarship on intellectual properties including anthropology history science studies economics and social theory Attendance of LW801 Intellectual Property Law 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 General reading M Biagioli P Jaszi amp M Woodmansee (eds) Making and Unmaking Intellectual Property (Chicago 2011) R Coombes The Cultural Life of Intellectual Properties (Duke 1998) C Lury Brands The Logos of Global Economy (Routledge 2004) N Klein No Logo (Picador 2000) K Sunder Rajan Biocapital (Duke 2006) D Haraway Modest_WitnessSecond_Millennium Female_Man_Meets_OncoMouse (TM) (Routledge 1997)

10

PUBLIC INTERNATIONAL LAW Module Convenor Dr Luis Eslava

Autumn Term Module Code LW814 This module provides a detailed study of the history rules doctrines and institutions of public international law It offers a critical analysis of the international legal order and a firm basis upon which to found arguments concerning the political importance of international law The module pays special attention to the way in which the evolution and operation of the international legal order influence not only international relations but also daily domestic life At the end of the course students will be able to assess both internally and in context the main the rules doctrines and institutions of public international law Students will also develop the necessary tools to reflect critically on some of the most important problems and tensions that define the contemporary global order from calamities resulting from war international interventions and surveillance strategies in countries like Afghanistan Libya and Pakistan to the everyday effects of increasing socio-economic disparities and environmental decay in both the Global South and the Global North The teaching discussions and readings in the module will equip students both with a doctrinal understanding of public international law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective Core texts J Klabbers International Law (CUP 2013) J Crawford and M Koskenniemi (eds) Cambridge Companion to International Law (CUP 2012) General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2007) L Eslava Local Space Global Life The Everyday Operation of International Law and Development (CUP 2015) M Shaw International Law 7th ed (CUP 2014) S Marks International Law on the Left (OUP 2008) A Orford International Law and its Others (CUP 2006) A Orford International Authority and the Responsibility to Protect (CUP 2011) S Pahuja Decolonizing International Law (CUP 2011) B Rajagopal International Law from Below Development Social Movements and Third World Resistance (CUP 2003) G Simpson Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (Cambridge 2004)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

10

PUBLIC INTERNATIONAL LAW Module Convenor Dr Luis Eslava

Autumn Term Module Code LW814 This module provides a detailed study of the history rules doctrines and institutions of public international law It offers a critical analysis of the international legal order and a firm basis upon which to found arguments concerning the political importance of international law The module pays special attention to the way in which the evolution and operation of the international legal order influence not only international relations but also daily domestic life At the end of the course students will be able to assess both internally and in context the main the rules doctrines and institutions of public international law Students will also develop the necessary tools to reflect critically on some of the most important problems and tensions that define the contemporary global order from calamities resulting from war international interventions and surveillance strategies in countries like Afghanistan Libya and Pakistan to the everyday effects of increasing socio-economic disparities and environmental decay in both the Global South and the Global North The teaching discussions and readings in the module will equip students both with a doctrinal understanding of public international law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective Core texts J Klabbers International Law (CUP 2013) J Crawford and M Koskenniemi (eds) Cambridge Companion to International Law (CUP 2012) General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2007) L Eslava Local Space Global Life The Everyday Operation of International Law and Development (CUP 2015) M Shaw International Law 7th ed (CUP 2014) S Marks International Law on the Left (OUP 2008) A Orford International Law and its Others (CUP 2006) A Orford International Authority and the Responsibility to Protect (CUP 2011) S Pahuja Decolonizing International Law (CUP 2011) B Rajagopal International Law from Below Development Social Movements and Third World Resistance (CUP 2003) G Simpson Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (Cambridge 2004)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

11

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 Brexit 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 EUrsquos main political and judicial institutions foundational legal principles underpinning the EUrsquos legal framework including direct effect and supremacy of Union law the relationship between the EUrsquos Court of Justice and national courts of the Member States enforcement mechanisms of EU law human rights in EU law and the impact of EU Citizenship In addition at the end of the module students will have an opportunity to take stock and appraise the lsquoconstitutionalrsquo nature and impact of the Union General reading R Schuumltze European Constitutional Law 2nd ed (OUP 2015) D Chalmers G Davies amp G Monti European Union Law 3rd ed (CUP 2014) P Craig amp G De Burca EU Law Text Cases and Materials 6th ed (OUP 2015) P Craig amp G De Burca The Evolution of EU Law 2nd ed (OUP 2011)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

12

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 environmental modules In common language the module is about the law relating to lsquopollutionrsquo 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 lsquoEnvironmental qualityrsquo 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 Topics covered Session 1 Objectives of environmental quality law Session 2 Environmental quality and private rights Session 3 Environmental liability and environmental human rights Session 4 Water quality regulation Session 5 Air quality law Session 6 Waste management law Session 7 The Integration of pollution control Session 8 Enforcement and the Environment Agency General reading M Stallworthy Understanding Environmental Law (Thomson 2008) McEldowney amp McEdowney Environmental Law (Longman 2010) B Richardson amp S Wood (eds) Environmental Law for Sustainability (2006) Bell McGillivray amp Pedersen Environmental Law 8th ed (2013) Fisher Lange amp Scotford Environmental Law (2013)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

13

INTERNATIONAL HUMAN RIGHTS LAW

Module Convenor Dr Luis Eslava

Spring Term Module Code LW843 This module is designed to enable postgraduate students to obtain both essential knowledge of and critical insight into issues relating to international human rights law Human rights occupy an extremely important place in contemporary discussions about law justice and politics at both the domestic and the international level Across all spheres of government bodies of law and pretty much in every single social mobilization human rights are invoked and debated This module approaches the key place occupied by human rights in the contemporary world from an international perspective The module aims to link the international origins of human rights and the main human rights systems with the actual practice of human rights Particular attention is paid in the module to the value as well as the limits of human rights when they approach or try to address the problems and the aspirations of five important lsquosubjectsrsquo the Citizen the Refugee the Cultural Subject the Woman and the Poor The module is organized around lectures and seminars delivered by the convenor as well as lectures given by invited guests speaker Guest speakers will explore in their lectures how they have approached in their research and practice the five lsquosubjectsrsquo mentioned above (ie the Citizen the Refugee the Cultural Subject the Women and the Poor) Emphasis is placed on maximum student participation during seminar discussions for which students will need to prepare Students are encouraged to develop a critical perspective in light of historical and socio-economic backgrounds Similar to the module public international law the teaching discussions and readings in the module will equip students both with a doctrinal understanding of international human rights law and with an approach to the field that is grounded in a Critical Socio-Legal and Law and Humanities perspective General reading C Gearty amp C Douzinas (eds) The Cambridge Companion to Human Rights Law (CUP 2012) P Alston amp R Goodman International Human Rights (OUP 2013) A Bisset Blackstonersquos International Human Rights Documents 9th ed (OUP 2014)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

14

LEGAL ASPECTS OF CONTEMPORARY INTERNATIONAL PROBLEMS

Module Convenor Dr Sara Kendall

Autumn Term Module Code LW844 There are a number of ways to approach the field of international law It can be treated doctrinally as a system of rules from various sources ndash such as treaties state practices that are seen to have the binding force of law and general principles shared across domestic jurisdictions ndash built up over time to regulate interactions between states and other entities It can be studied as a historical phenomenon emerging from out of a colonial history with contemporary implications It can also be studied as an (imperfect) approach to addressing international lsquoproblemsrsquo placing international law in broader social political and historical contexts as one possible source of lsquosolutionsrsquo This course highlights international lawrsquos limits and possibilities in relation to a set of contemporary inter- and trans-national concerns including the use of armed force responses to emerging security threats and unresolved territorial disputes It focuses on key themes of international law such as sovereignty statehood self-determination and the regulation of armed conflict drawing upon perspectives from the humanities and the interpretive social sciences It explores these overlapping themes as they emerge across several issues and case studies bringing international law into a relationship with contemporary geopolitics political theory and the fieldrsquos historical inheritance Along the way we will address philosophical and theoretical questions such as the binding character of international law problems of representation and interpretation and the rhetorical dimensions of customary international law Topics covered The topics covered vary year to year to align with changing circumstances and also according to student interest but are anticipated to be as follows

- The use of force and the law of armed conflict - Reframing sovereignty lsquothe responsibility to protectrsquo - Regulating the global arms trade - Targeted killing - Enforcing the prohibition against torture - Border conflicts and colonial legacies in international law

General reading A Anghie Imperialism Sovereignty and the Making of International Law (CUP 2004) J Crawford amp M Koskenniemi (eds) The Cambridge Companion to International Law (CUP 2012)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

15

INTERNATIONAL CRIMINAL LAW

Module Convenor Dr Emily Haslam

Spring Term Module Code LW846 This module provides a critical examination of the principles and institutions and theory and practice of international criminal law The module introduces the aims and objectives of international criminal law and examines the establishment and operation of international criminal justice institutions and the substantive law of international crimes It explores key theoretical and doctrinal debates in international criminal law In particular it seeks to locate the work of international criminal courts and tribunals in their broader political and contextual contexts Case studies and special topics in international criminal law form an important part of the module Topics covered

Introduction to International Criminal Law

International Criminal Institutions

Jurisdictional Issues

The Defence Witnesses and Victims

International Criminal Court Crimes against Humanity

Genocide

War Crimes

Aggression

Modes of Liability Political and Contextual Considerations

General reading

Cassese Acquaviva Fan amp Whiting International Criminal Law Cases and Commentary (OUP 2011) Cassesersquos International Criminal Law revised by Cassese Gaeta et al (OUP 2013) Simpson Law War and Crime (Polity Press 2007) Stover The Witness War Crimes and the Promise of Justice in the Hague (University of Pennsylvania Press 2005) Zahar amp Sluiter International Criminal Law (OUP 2008)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

16

WORLD TRADE ORGANISATION LAW AND PRACTICE Module Convenor Dr Donatella Alessandrini

Autumn Term Module Code LW847 The establishment of the WTO on 1 January 1995 has signaled the beginning of a new era in international economic relations Unlike the GATT whose main purpose was the reduction of barriers on trade in goods the WTO legal regime reach deeper into more areas of policy-making ranging from the regulation of services and investments to the protection and enforcement of intellectual property rights Furthermore through its Dispute Settlement Understanding (DSU) the WTO has the capacity to generate case-law on the resolution of disputes under the WTO agreements that it covers This marks a significant shift from the earlier GATT dispute settlement mechanism as it creates for the first time on the multilateral level a binding decision-making apparatus Thus any serious attempt to understand the nature and development of international economic law requires a careful and detailed study of the WTO and its law and practice It is the cornerstone of the new global economic order This module offers a comprehensive overview of this evolving legal and regulatory order Topics covered 1 Theoretical and Political Approaches to International Economic Regulation of Trade the main actors states multinational enterprises civil society and NGOs 2 Free Trade Theory and Practice 3 The Institutional Context the Bretton Woods System the GATT and the WTO 4 The WTO and developing countries GATT preferences and WTO Special and Differential Treatment 5 The Dispute Settlement Understanding 6 Trade in Agriculture 7 Trade in Services 8 Trade Related Aspects of Intellectual Property Rights 9 The rise of lsquomega-marketrsquo trade agreements 10 Alternative trade arrangements General reading M J Trebilcock amp R Howse The Regulation of International Trade 4th ed (Routledge 2012) Staveren Elson Grown amp Cagaray The Feminist Economics of Trade (Routledge 2007) M Matsushita T M Schoenmaum P C Mavrodis The World Trade Organisation Law Practice and Policy (OUP 2006) F Macmillan WTO and the Environment (Sweet amp Maxwell 2001)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

17

D Harvey The Enigma of Capital And the Crises of Capitalism (London Profile Books 2010 1-39) D J Chang The Myth of Free Trade and the Secret History of Capitalism (Bloomsbury Press 2007) D Harvey A Brief History of Neoliberalism (OUP 2005) J E Stiglitz A Charlton Fair Trade for All How Trade can Promote Development (OUP 2005) D Alessandrini Developing Countries and the Multilateral Trade Regime The Failure and Promise of the WTOrsquos Development Mission (Hart 2010) R Yearwood The Interaction Between WTO Law and External International Law The Constrained Openness of WTO Law (Routledge Research in International Economic Law 2011) A Lang World Trade Law After Neo-Liberalism Re-Imagining the Global Economic Order (OUP 2011)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

18

EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY Module Convenor Professor William Howarth

Autumn Term Module Code LW852 This module provides an overview of the policy and legislation of the European Union in relation to the environment and ecological protection with particular sectors considered in more detail in other environmental modules The overall purpose of the module is to appreciate the significance of European Union law as a system of regional international law seeking to harmonize the national laws of the Member States according to common principles of environmental regulation An initial focus is upon foundational issues including the nature of the European Union basic principles of European Union environmental policy and law and problematic issues such as the tension between free trade and environmental protection Attention is also given to particular examples of environmental measures with some discussion of how these are implemented in national law Finally discussion is provided as to recent and forthcoming developments at European Union level including critical issues of participation implementation and enforcement at European Union and national levels Topics covered

introductory session a scan of the module

the evolution of European Union environmental competence

fundamental environmental objectives of the European Union

the basis for substantive environmental legislation

reconciling environmental protection and trade

substantive European Union legislation on waste regulation

environmental information and participation

alternative strategies in environmental regulation

the implementation and enforcement of environmental legislation General reading M Lee EU Environmental Law 2nd ed (Oxford 2014) P Davies European Union Environmental Law (Ashgate 2004) J H Jans European Environmental Law 3rd revised ed (Europa Law 2008) R Macrory (ed) Principles of European Environmental Law (Europa Law 2004)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

19

DEATH AND DYING

Module Convenor Dr Pamela White Autumn Term

Module Code LW862 This module aims to explore how the law is involved in matters to do with death and dying The curriculum includes an investigation of the dying process and how this impacts on definitions of death The relationship of medical law and ethics to the criminal law in relation to physician assisted death will be explored and evaluated as it is manifested in various jurisdictions The appropriate role for autonomy rights and ethical considerations where making decisions over death is concerned will be related to existing mechanisms such as advance directives Topics covered

legal definitions of death

ethical spiritual and medical frameworks underpinning understandings of death and the dying process

the practical and ethical difficulties associated with death and the dying process

the care and needs of the dying

euthanasia and clinically assisted death and their implications

overview of how different jurisdictions provide ethical and legal regulation of end of life decision making and the impact this has on those concerned

the role of living wills advance directives and clinical judgement

the role of patient autonomy in relation to death and dying General reading G Laurie S Harmon amp G Porter (eds) Mason and McCall Smithrsquos Law and Medical Ethics 10th ed (OUP 2016) E Jackson Medical Law Text and Materials 3rd ed (OUP 2013) ndash note 4th edition expected in 2016 J Herring Medical Law and Ethics 6th ed (OUP 2016) M Stauch K Wheat Text Cases and Materials on Medical Law and Ethics 4th ed (Sweet amp Maxwell 2011) J Montgomery Health Care Law 2nd ed (Oxford 2002) R Tutton O Corrigan (eds) Genetic Databases Socio-Ethical Issues in the Collection and Use of DNA (Routledge 2004)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

20

CONSENT TO TREATMENT

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW863 This module aims to explore the legal principles which underpin the need for consent to medical treatment Topics covered

salient principles such as the respect for autonomy

the entitlement to informed consent

the criteria for competence and capacity

the consequences of incapacity for minors and those adjudged to be incompetent

the criminal and tortuous consequences of treatment without consent

limitations on consent General reading Mason amp McCall Smith Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

21

MEDICAL PRACTICE AND MALPRACTICE

Module Convenor Mr Jonathan Austin-Jones Spring Term

Module Code LW866 This module seeks to provide the student with an understanding of the legal ethical and practical issues involved in medical practice and malpractice Those issues will be explored from the ground up and will provide all students a full opportunity regardless of their knowledge of law to get to grips with the fundamental principles of practical legal analysis from a fault-based perspective In so doing the legal and institutional contexts within which the many duties of medicine operate will be subjected to a detailed critical analysis Essentially this module will link the multifarious medical legal theories to the realities of medical negligence and litigation thereby affording the student a practitioner based insight into how modern medicine interacts within current legal practice Topics covered

the legal relationship between the practitioner the patient and the NHS

analysis of the legal and evidential burdens in medical negligence

complaints and discipline procedures for healthcare professionals

courts and tribunal processes in medical negligence litigation

resource allocation constraints

legal concepts of risk and recklessness in medical practice

the role of money and litigation General reading

Mason amp Laurie Mason amp McCall-Smiths Law and Medical Ethics 9th ed (OUP 2013) Jackson Medical Law Text Cases and Materials 3rd ed (OUP 2013) Herring Medical Law and Ethics 5th ed (OUP 2014) Pattinson Medical Law and Ethics 4th ed (Sweet amp Maxwell 2014)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

22

REPRODUCTION AND THE BEGINNING OF LIFE

Module Convenor Dr Pamela White Spring Term

Module Code LW867 This module aims to explore legal and ethical issues in medicine relating to human reproduction and the beginning of life Topics covered

the moral status of the embryofoetus

abortion

the regulation of pregnancy including liability for antenatal harm

childbirth

human fertilization and embryology including embryo research cloning human admixed embryos (animalhuman lsquohybridsrsquo) artificial gametes etc

the lsquodesigner babyrsquo debates and selecting the characteristics of future children via pre-implantation genetic diagnosis (including sex selection selecting foragainst disability saviour siblings)

surrogacy General reading Any textbook which has been chosen on the recommendation of the Module Convenor should provide a good introduction to the issues covered in this module however Jackson Medical Law Text Cases and Materials 4th ed (2016) is especially recommended for this module as providing a particularly detailed coverage of reproductive issues The following are also particularly useful E Jackson Regulating Reproduction (2001) R Deech amp A Smajdor From IVF to Immortality Controversy in the Era of Reproductive Technology (2007) R Scott Rights Duties and the Body Law and Ethics of the Maternal-Fetal Conflict (2002) J K Mason The Troubled Pregnancy Legal Wrongs and Rights in Reproduction (2007) J Harris Clones Genes and Immortality (1998)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

23

POLICING

Module Convenor Professor Dermot Walsh Autumn Term

Module Code LW871 This module offers a critical study of policing from historical legal political and social perspectives It focuses primarily on policing in the United Kingdom with other appropriate jurisdictions (including the European Union) being used for comparative purposes Topics covered

History of the structure organisation and concept of the police

Ethical and legal principles underlying policing as well as the implications for policing of the European Convention on Human Rights

The different functions of policing

Police culture

Police powers and procedures

Public order policing

Police governance and accountability

Cross-border police co-operation

Private policing General reading J-P Brodeur The Policing Web (OUP 2010) V Conway Policing Twentieth Century Ireland a History of An Garda Siochana (Sage 2013) C Elmsley The History of Policing (Ashgate 2011) S Hufnagel C Harfield S Bronitt (eds) Cross Border Law Enforcement Regional Law Enforcement Cooperation - Europe Australia and Asia-Pacific Perspectives P Joyce Policing Development amp Contemporary Practice (Sage 2011) E McLaughlin The New Policing (Sage 2007) T Newburn (ed) Handbook of Policing 2nd ed (Willan 2014) T Newburn (ed) Policing ndash Key Readings (Willan 2004) M Punch Police Corruption Deviance Accountability and Reform in Policing (Willan 2009) R Reiner The Politics of the Police 4th ed (OUP 2010) D P Walsh Human Rights and Policing in Ireland Law Policy and Practice (Clarus 2009)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

24

INTERNATIONAL ENVIRONMENTAL LAW ndash SUBSTANTIVE LEGAL ASPECTS Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW884 This module is designed to examine and assess selected substantive legal aspects of International Environmental Law For this purpose the module is divided into two main parts The first part considers particular sectors of environmental policy that are the subject of international legal regulation and obligations This will involve an appraisal of how international legal regulation has developed in these areas taking into account various challenges legal and political that have been influential in shaping their respective evolution The second part of the module focuses on selected legal topics concerning the implementation of international environmental law In particular it will consider various relatively recent developments in international environmental that have served to broaden out participation beyond the level of the nation state as regards the monitoring and enforcement of international environmental protection obligations Topics covered The module will cover a range of substantive legal aspects of international environmental law (the list of topics may change over time to accommodate legal developments andor teaching and learning considerations) Indicatively the module may be expected to cover allsome of the following topic areas A Selected substantive sectors of International Environmental Law

Atmospheric pollution (1) Air pollution

Atmospheric pollution (2) Climate change

Water (1) marine environment

Water (2) freshwater resources

Waste management B Selected aspects of implementation of International Environmental Law

Civil society and implementation of International Environmental Law the impact of the 1998 Aringrhus Convention

Civil liability and International Environmental Law

Criminal liability and International Environmental Law General reading Sands amp Peel Principles of International Environmental Law 3rd ed (CUP 2012) Dupuy P-MVinuales J International Environmental Law (2015 CUP) Birnie Boyle amp Regwell International Law and the Environment 3rd ed (Oxford 2009) Beyerlin amp Marauhn International Environmental Law (Hart 2011) Bodansky amp BruneeHey (eds) Oxford Handbook of International Environmental Law (Oxford 2007)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

25

TRANSNATIONAL CRIMINAL LAW Module Convenor Dr Emily Haslam

Autumn Term Module Code LW886 In this module we study the main principles key institutions policies and politics of transnational criminal law We explore selected examples of transnational offending and international legal responses thereto in the light of current theoretical political and doctrinal debates We consider transnational crimes and the mechanisms by which states cooperate with each other and with international institutions in order to enforce their domestic criminal law Some of the key debates considered include the nature of transnational criminal law as an emerging regime the relationship between human rights and transnational criminal law the role of the United Nations Security Council in transnational criminal law and critically the role of the individual in the transnational criminal legal system Topics covered

The historical development of transnational criminal law

The phenomenon of transnational organized crime and jurisdiction over transnational crime

Money laundering and terrorist financing

Terrorism

Drug trafficking

People trafficking

Extradition and Abduction

Mutual Legal Assistance

International Police Cooperation

General reading Aas Globalisation and Crime (Sage 2013) Albanese amp Reichel Transnational Organized Crime (Sage 2013) Andreas amp Nadelmann Policing the Globe criminalization and crime control in international relations (OUP 2006) Boister An Introduction to Transnational Criminal Law (OUP 2012) Boister amp Currie Routledge Handbook of Transnational Criminal Law (Routledge 2015) Edwards amp Gill Transnational Organised Crime Perspectives on global security (Routledge 2003) Leong The Disruption of International Organised Crime An analysis of legal and non-legal strategies (Ashgate 2007) Obokata Transnational Organised Crime in International Law (Hart 2010) Reichel amp Albanese Handbook of Transnational Crime and Justice (Sage 2013)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

26

CORPORATE GOVERNANCE

Module Convenor Dr Iain Frame

Autumn Term Module Code LW899 In recent years corporate governance - meaning the governance of the large corporations which dominate modern economic life - has emerged as a major area of political and academic interest Increasing attention has come to be focused in particular on the comparative aspects of corporate governance and on the different legal regimes found in different parts of the world with policy makers striving to determine which regimes are most likely to deliver (so-called) `efficiency and competitive success In this context much has been made of the differences between shareholder-oriented Anglo-American governance regimes and the more inclusive (more stakeholder-oriented) regimes to be found in certain parts of continental Europe and Japan One result is that the increasing interest in corporate governance has re-opened old questions about the nature of corporations about the role and duties of corporate managers and about the goal of corporate activities and the interests in which corporations should be run This module will explore these debates More generally the question of corporate governance has become entangled with other important debates most notably that surrounding the merits (or otherwise) of different models of capitalism Anglo-American regimes are associated with stock market-based versions of capitalism while European regimes are associated with so-called welfare-based versions of capitalism The question of corporate governance has therefore become embroiled with debates about the morality and efficiency of different models of capitalism These too will be explored in this module General reading J Cioffi Public Law and Private Power Corporate Governance Reform in the Age of Finance Capitalism (Cornell UP 2010) T Clarke (ed) Theories of Corporate Governance- The Philosophical Foundations of Corporate Governance (Routledge 2004) P Gourevitch amp J Shinn Political Power and Corporate Control- The New Global Politics of Corporate Governance (Princeton UP 2009) Reinier Kraakman et al The Anatomy of Corporate Law- A Comparative and Functional Approach 2nd ed (OUP 2009) Curtis Milhaupt amp Pistor Law amp Capitalism- What corporate crises reveal about legal systems and economic development around the world (University of Chicago Press 2008) P Muchlinski Multinational Enterprises and the Law 2nd ed (OUP 2007) S Soederberg Corporate Power and Ownership in Contemporary Capitalism The Politics of Resistance and Domination (Routledge 2009) S Tully (ed) Research handbook on corporate legal responsibility (Cheltenham Elgar 2007) C Williams amp P Zumbansen (eds) The Embedded Firm Governance Labor and Finance Capitalism (CUP 2011)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

27

CRITICAL INTERNATIONAL MIGRATION LAW

Module Convenor Ms Siacircn Lewis-Anthony Autumn Term

Module Code LW900 This module offers a survey of international legal principles relating to migration This module offers an introduction to international law relating to the movement of persons across international frontiers and to some extent within the boundaries of states It examines the complex sets of laws and policies that both form and inform the field of migration law In particular the course examines the context of international migration control the concept of state sovereignty and its impact on migration law and practice and the development of international protection and regulation It will provide a critical evaluation of international labour migration law international asylum and refugee law internal displacement environmental displacement forced labour and human smuggling and trafficking It will also evaluate the rights of human beings who happen to be migrants ndash what rights are possessed by smuggled migrants trafficked migrants asylum seekers labour migrants and their families and those who are internally displaced General reading A Ager (ed) Refugees Perspectives on the Experience of Forced Migration (Pinter 1999) A Aleinikoff amp V Chetail Migration and International Legal Norms (TMC Asser 2003) V Chetail amp C Bauloz (eds) Research Handbook on International Law and Migration (Edward Elgar 2014) BS Chimni (ed) International Refugee Law A Reader (Sage 2000) RI Cholewinski amp others (eds) International Migration Law Developing Paradigms and Key Challenges (TMC Asser 2007) V Feller E Tuumlrk amp F Nicholson (eds) Refugee Protection in International Law (2003) E Fiddian-Qasmiyeh G Loescher K Long amp N Sigona (eds) The Oxford Handbook of Refugee and Forced Migration Studies (2014) M Gibney The Ethics and Politics of Asylum Liberal Democracy and the Responses to Refugees (CUP 2004) GS Goodwin-Gill GS amp J McAdam The Refugee in International Law 3rd ed (OUP 2007) Hathaway amp Foster The Law of Refugee Status (CUP 2014) Opeskin Perruchoud amp Redpath-Cross ndash Foundations of International Migration Law (CUP 2012) N Steiner M Gibney amp G Loescher (eds) Problems of Protection The UNHCR Refugees and Human Rights (Routledge 2003)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

28

LAWS OF THE MARITIME AIR AND OUTER SPACES

Module Convenor Dr Gbenga Oduntan Autumn Term

Module Code LW904 The module aims to facilitate a holistic understanding of the legal regulation of activities in the sovereign and non-sovereign parts of maritime airspace and outer space territories This includes an examination of the key private international law and to some extent public international law concepts and jurisprudential relationships that exist between maritime law the law of the sea air law and space law The module also examines the international regulation of transnational enterprise activities in the spaces under study This module complements the departmental emphasis on cross disciplinary approaches to the study of law and examination of the interaction of law with other disciplines particularly international relations politics business and economics as well as science and technology Topics and issues to be dealt with include Common trends in Intermodal transportation sea air and space payload delivery Carriage of goods by Sea Hague Rules HagueVisby Rules and the Hamburg Rules European Community Shipping Law and Policy legal and commercial aspects of sovereignty in the air and jurisdiction in outer space Aviation insurance Airline alliances investment bankruptcy computer reservation systems and airport slots Satellite telecommunications and the allocation of slots and frequencies Legal and economic implications of the development of space tourism Legal aspects of the Commercialization of Space Transportation Systems Liability insurance and intellectual property concerns of space activities The legal regulation of the International Space Station General reading J C T Chuah Law of International Trade (Sweet amp Maxwell 2005) I Carr International Trade Law (Cavendish 2005) B Cheng Studies in International Space Law (OUP 1997) R D Margo D McClean R Gardiner et al eds Shawcross amp Beaumont Air Law 4th ed (Lexis-Nexis 2004) N Grief Public International Law in the Airspace of the High Seas (Martinus Nijhoff Publishers 1994) The Exploration of Hydrocarbons in African Deep Seas and the New Gulf of Guinea Commission [10] 2008 International Comparative Law Quaterly 57 (2) G Oduntan The Never Ending Dispute Legal Theories on the Spatial Demarcation Boundary Plane between Airspace and Outer Space (Hertfordshire Law Journal issue 02 pp 64-83) Churchill amp Lowe The Law of the Sea 3rd ed (1999) J Kish The Law of International Spaces (Netherlands AW Sijthoff 1973) Articles in the following journals which are available in Kent Law Library Air and Space Law American Journal of International Law International Comparative Law Quarterly Journal of Air Law and Commerce

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

29

INTERNATIONAL FINANCIAL SERVICES REGULATION Module Convenor Dr Alex Magaisa

Autumn Term Module Code LW905 This module is about the regulatory regimes that govern financial sectors of the economy It focuses on the very recent history of regulation in this field and it examines domestic and international aspects of how states and societies enact and perform regulation of financial firms and transactions The module is built around three inter-related elements bull Development of the New International Financial Architecture (NIFA) a set of institutions standards and processes that have been established during the last ten years to increase the stability of financial sectors globally particularly in the so-called ldquoemerging economiesrdquo and to expand markets for the services and products of financial firms This element of the module will entail study of (a) the construction of economic crises of the 1990s as a threat to the global economic order (b) the creation of new international groupings and institutions (eg the Financial Stability Forum and the G-20) and new roles for older institutions (eg surveillance by the IMF and the World Bank Group through the Financial System Assessment Program) to address the threat (c) regulatory technique in the international arena including standard setting harmonization and compliance and other dimensions of governance through soft law bull Relationships between the NIFA and the changing modes of governing domestic financial sectors This element of the module will entail study of (a) the emergence of integrated financial sector regulators in many jurisdictions (b) interaction between the domestic regional and the international spheres in response to concerns about financial instability risk and lsquocontagionrsquo (Relevant responses include implementation of Basel II the Lender of Last Resort and the development of international standards of insurance supervision) and (c) comparative analysis of the market governance regimes established by integrated regulators in terms of their capacities to protect domestic consumers of financial services bull Critical analysis of scholarly and policy literature on regulation of the financial sectors This element of the module will entail reflective assessment of how authors of literature on financial sector regulation execute the craft of research by reference to factors such as linkages to relevant literatures originality of authorsrsquo claims strength of argument and analysis of data

General reading W C Booth G G Colomb amp J M Williams The Craft of Research (University of Chicago Press 2003) J Braithwaite amp P Drahos Global Business Regulation (CUP 2000) H Evans Plumbers and Architects A Supervisory Perspective on International Financial Architecture (Financial Services Authority 2000) R D Germain Global Financial Governance and the Problem of Inclusion (Global Governance 7 no 4 411 2001) C A E Goodhart Financial Regulation Why How and Where Now (Routledge 1998) D Harvey A Brief History of Neoliberalism (OUP 2005) Kindleberger C Poor amp R Z Aliber Manias Panics and Crashes A History of Financial Crises 5th ed (Wiley investment classics John Wiley amp Sons 2005) R M Lastra The Reform of the International Financial Architecture (Kluwer Law International 2000) D Levi-Faur The Global Diffusion of Regulatory Capitalism (The Annals of the American Academy of Political and Social Science 598 no 1 12-32 2005)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

30

Z M Mikdashi Regulating the Financial Sector in the Era of Globalization Perspectives From Political Economy and Management (Palgrave Macmillan 2003) S Soederberg The Politics of the New International Financial Architecture Reimposing Neoliberal Domination in the Global South (Zed Books 2004) G A Walker International Banking Regulation Law Policy and Practice (Kluwer Law International 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

31

INTERNATIONAL ENVIRONMENTAL LAW ndash LEGAL FOUNDATIONS Module Convenor Mr Martin Hedemann-Robinson

Autumn Term Module Code LW906 This module is designed to examine and assess the core foundational legal principles and regulatory structures underpinning international environmental law (IEL) and policy Specifically it considers the various core sources of IEL the principal international institutions involved in its development as well as legal issues involved relating to its implementation and enforcement Whilst specific topic areas may vary according to the pedagogical preferences of the Module Convenor indicatively the module may be expected to cover all or most of the following topic areas which address key aspects of the legal foundations of IEL bull Historical context and development of international environmental law bull Legal sources (1) sources and structures of public international law legal instrumentation (2) general principles of international environmental law (3) international human rights and the environment bull Institutional issues the role of international organisations states and non-governmental actors in international environmental lawrsquos development the legal relations between the EU and the international community in the environmental sector bull Implementation and enforcement (1) the role of public institutions at international level (responsibilities of states and the role of international institutions) (2) the role of private persons and access to environmental justice under international environmental law bull Selected case study on application of foundational principles of IEL (eg climate change) General reading SandsPeel Principles of International Environmental Law 3rd ed (CUP 2012) BirnieBoyleRegwell International Law and the Environment 3rd ed (Oxford 2009) DupuyVinuales International Environmental Law (CUP 2015) BeyerlinMarauhn International Environmental Law (Hart 2011) BodanskyBruneeHey (eds) The Oxford Handbook of International Environmental Law (Oxford 2007)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

32

INTERNATIONAL AND COMPARATIVE BANKRYPTCY AND INSOLVENCY LAW amp POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW908 Consumer law is a significant area of business regulation in many parts of the world The EU has developed an ambitious programme of harmonization provides intriguing approaches to transnational governance of markets and competes as an international model of consumer law with models such as the US Standards for consumer products and services are increasingly established at the international level through ldquoprivaterdquo bodies such as the International Standards Organization (ISO) The module is structured as follows

An introduction to the rationales for and explanations for the growth of consumer law and policy at the national and international level An introduction to transnational comparative and international dimensions of consumer regulation and relevant institutional structures

Contemporary EU consumer law and policy This section provides an analysis of the nature and structure of consumer policy and consumer law in the EU through an analysis of selected areas which may include unfair commercial practices product safety internet regulation unfair contract terms and consumer credit We consider central ideas institutional structures and implementation mechanisms set against the background of contemporary approaches to regulation in the EU

Critical analysis of international regional and national regulation of consumer credit and debt General reading I Ramsay Consumer Law and Policy Text and materials on regulating consumer markets 3rd ed (Hart 2012) G Howells I Ramsay amp T Wilhelmsson Handbook of Research on International Consumer Law (Edward Elgar 2010) H Micklitz J Stuyck E Terryn Cases Materials and Text on Consumer Law Ius commune casebooks for the common law of Europe (Hart 2010)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

33

EUROPEAN UNION INTERNATIONAL RELATIONS LAW Module Convenor Mr Martin Hedemann-Robinson

Spring Term Module Code LW916 This module explores the external relations law of the European Union with third countries and international organisations This is an increasingly important area given that the EU has evolved into the largest regional trading and political bloc on the world stage Having focused initially on developing a common trading policy with the international community since the early 1990s the EU has steadily broadened the range of its powers to be able to engage in political as well as military issues on the international scene A significant milestone was the formal establishment of the EUrsquos Common Foreign and Security Policy by the Maastricht Treaty in 1993 More recently the Lisbon Treaty 2007 further enhanced the EUrsquos role in foreign affairs through a series of institutional changes and innovations notably including the introduction of the lsquoExternal Action Servicersquo which is the EU counterpart to national diplomatic services and the Unionrsquos High Representative for Foreign Affairs and Security Policy The module will critically explore the following aspects in particular

1 The institutional and core legal framework of EU external relations law including the division of competences between the EU and the Member States the impact of human rights in EU external relations and the expansion of the EU powers over time

2 Selected specific policy areas such as the Common Commercial Policy the Common Foreign and Security Policy and the external dimension to EU environmental policy along with their different (and sometimes conflicting) objectives and underlying political perspectives

The module will also foster a contextual interdisciplinary and critical approach to studying the subject with reference to political science literature on the effects of EU external policies General reading P Eeckhout External Relations of the European Union ndash Legal and Constitutional Foundations (OUP 2011) B Van Vooren amp R Wessel EU External Relations Law ndash Cases and Materials (CUP 2014) P Koutrakos EU International Relations Law (Hart 2015) K Smith EU Foreign Policy in a Changing World 3rd ed (Polity 2014) C Hill amp M Smith (eds) International Relations and the EU 2nd ed (OUP 2011)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

34

INTERNATIONAL AND COMPARATIVE BANKRUPTCY AND INSOLVENCY LAW AND POLICY

Module Convenor Professor Iain Ramsay Spring Term

Module Code LW918 Bankruptcy and Insolvency law has become a central aspect of commercial law The restructuring of capitalism since the 1970s the growth of neo-liberalism the increased use of debt financing by both firms and individuals and the volatility of the international economy have contributed to its international importance The World Bank views a lsquomodernrsquo insolvency law as central to the development infrastructure it is linked to fostering entrepreneurialism as well as providing a safety net for individuals in a high debt economy This course provides a critical introduction to central issues in business and personal insolvency Topics covered

1 Theories of insolvency law 2 The English model Central issues in insolvency law The role of secured credit in

bankruptcy law Liquidation and reorganization 3 The North American model Chapter 11 4 Personal Insolvency 5 Cross-border and international insolvency 6 The future of bankruptcy in an age of austerity

General reading

B Carruthers amp T Halliday Rescuing business The making of corporate bankruptcy law in England and the United States (OUP 1998) S Djankov et al Debt Enforcement Around the World Journal of Political Economy 1105 116(6) (2008) V Finch Corporate Insolvency Law Perspectives and principles (CUP 2009) J Niemi I Ramsay amp W Whitford Consumer Credit Debt and Bankruptcy International and comparative dimensions (Hart 2009) J Niemi I Ramsay amp W Whitford Consumer Bankruptcy in Global Perspective (Hart 2003) T Jackson The Logic and Limits of Bankruptcy Law (Harvard 1986)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

35

PRIVACY AND DATA PROTECTION LAW

Module Convenor Dr Pamela White Autumn Term

Module Code LW921 The module will explore emerging privacy and data protection issues including Big Data CTV surveillance Internet and cyber surveillance and cross-border information flows legal structures and privacy protection measures Students will be challenged to critically examine how personal financial health and transactional data are managed and who has access to this information It will require students to assess emerging legal regulatory data protection and personal privacy issues raised by widespread access to personal information including genetic data The module will focus on the legal data protection human rights consent confidentiality and IT data security questions that arise when personal information is accessed by the state law enforcement agencies corporations and business employers health clinicians and researchers The essential aims and objectives of the module are to equip students to undertake a sustained analysis of privacy and data protection law Students will be asked to critically examine whether privacy protection consent and confidentiality measures are proportionate to the legal requirements to protect personal information while balancing the requirements of economic commerce the state and public administrations to collect use and share personal information General reading C Bennett Privacy Advocates Resisting the Spread of Surveillance (MIT Press 2008) P Carey Dataprotection a practical guide to UK and EU Law (OUP 2009) R N Charette Online Advertisers Turning up the Heat Against Making ldquoDo Not Trackrdquo Browsersrsquo Default Setting IEEE SPECTRUM (Oct 15 2012 343 PM) httpspectrumieeeorgriskfactorcomputingitonline-advertisers-turning-up-the-heatagainst-defaulting-browsers-to-do-not-track-setting M Hickman 9 Things You Probably Shouldnrsquot Do in the Presence of a Google Street View Vehicle MOTHER NATURE ETWORK (Oct 4 2012 705 PM) httpwwwmnncomlifestylearts-culturestories9-things-you-probably-shouldnt-do-in-thepresence-of-a-google-street Artist Captures Bizarre Images Shot by Googlersquos Street ViewCameras NY DAILY NEWS (Dec 6 2012 331 PM) httpwwwnydailynewscomentertainmentbizarre-images-captured-google-street-view-cameras-gallery-11214757 L Katz Symposium on Cybercrime (Journal of Criminal Law and Criminology 103 (3) 2013) A Kenyon amp M Richardson New Dimensions in Privacy Law (CUP 2006) C Kunar International Data Privacy Law (OUP 2013) G Laurie Genetic Privacy Challenge to Medico-legal Norms (CUP 2002) D Lyons Surveillance Studies An overview (Polity Press 2007) R A Posner The Economics of Privacy (71 AM ECON REV 405 1981) M D Scott Tort Liability for Vendors of Insecure Software Has the Time Finally Come (67 MD L REV 425 442ndash50 2008) D Solove amp P Schwartz Information Privacy Law (Harvard University Press 2008) D Solove amp P Schwartz Privacy Information and Technology 3rd ed (Aspen Publishing 2012) D Solove Understanding Privacy (Harvard University Press 2008) A F Westin Privacy and Freedom (NY Atheneum 1967) A F Westin Social and Political Dimensions of Privacy (Journal of Social Issues 59(2) 431-453 2003) R Williams amp P Johnston Genetic Policing The Use of DNA in Criminal Investigations (Willam 2008) R Williams Making Identity Matter (York Sociology Press 2000)

36

LABOUR RIGHTS IN A GLOBAL ECONOMY

Module Convenor Professor Judy Fudge Spring Term

Module Code LW922 The lsquonew global economyrsquo (global integration of production and increased migration digital and informational technologies transformations in work and production processes the shift to services and the informalisation of work) has undermined the pillars upon which labour law was constructed after World War II in developed capitalist economies Moreover contrary to expectation informal work has not diminished in emerging and developing economies and has in fact increased In this context a new strategy for achieving labour standards and protecting workers has emerged Labour rights are now conceptualised as a species of human rights and they are asserted before various international transnational and domestic human rights bodies and courts The focus of this module will be on international and transnational norms and institutions and their interaction with nationaldomestic labour regimes We will consider changing forms (from labour standard to labour rights and hard to soft law) and scales (national to transnational and international) of regulation the changing lsquosubjectsrsquo of labour law (women migrant workers lsquosolorsquo self-employed) and the changing goals of labour law (flexibility and competiveness versus security and protection) Labour rights will be placed in their social economic and political context Prior labour law labour studies or industrial relations courses are an advantage General reading

P Alston Labour Rights as Human Rights (OUP 2005) B Anderson Us and Them (OUP 2012) B Bercusson amp C Estlund (eds) Regulating Labour in the Wake of Globalisation (Hart 2008) J Conaghan R M Fischl amp K Klare (eds) Labour Law in an Era of Globalisation (OUP 2002) P Craig amp M Lynk (eds) Globalization and the Future of Labour Law (CUP 2006) G Davidov amp B Langille (eds) Boundaries and Frontiers of Labour Law (Hart 2006) C Fenwick amp T Novitz (eds) Human Rights at Work Perspectives on Law and Regulation (Hart 2010)

37

EUROPEAN UNION CRIMINAL LAW AND PROCEDURE

Module Convenor Professor Dermot Walsh Spring Term

Module Code LW924 This module offers a critical study of the origins principles concepts and practices of European Union criminal law and procedure from historical constitutional legal political and social perspectives It also addresses how national criminal law and procedure (especially that in the United Kingdom) are being shaped by developments at EU level and explores the emergence of a distinct EU criminal process Topics covered

Origins and development of criminal law and procedure

Law and policy making processes

Europol and cross-border police cooperation

Cross-border evidence gathering

European arrest warrant

European Public Prosecutor

EU criminal law measures in areas such as money-laundering organised crime and terrorism

Protection of human rights

Relationship with developments in international criminal law and

Historical political legal cultural social and criminological forces driving and shaping developments in EU criminal law and procedure

General reading

S Miettinen Criminal Law and Policy in the EU (Routledge 2013) A Klip European Criminal Law An Integrative Approach 3rd ed (Intersentia 2016) E Herlin-Karnell The Constitutional Dimension of European Criminal Law (Hart 2012) V Mitsilegas EU Criminal Law after Lisbon (Hart 2016) S Summers C Schwarzenburger E Ege amp F Young The Emergence of EU Criminal Law (Hart 2014)

38

CULTURAL HERITAGE LAW

Module Convenor Dr Sophie Vigneron Autumn Term

Module Code LW925 Cultural heritage law has developed as a distinctive legal topic in the last thirty years to regulate the widening concept of heritage which was historically defined as historical monuments and has now widened to include intangible values This area of law considers a developing jurisprudence that involves international treaties laws ethics and policy consideration relating to the heritage This module aims to identify values and principles that contribute to a fair and equitable cultural heritage policy It addresses the essential question of the need to change the law to accommodate the specific needs of protection of cultural heritagecultural property and it aims to give coherence to practices shaped by stakeholders as well as a complex body of rules at the intersection of civil law property law criminal law public law private international law and public international law Lectures will first introduce the definition of heritage then discuss the five UNESCO Conventions on cultural heritage as well as the restitution of trafficked objects and alternative dispute mechanisms The last lecture will draw on the different topics studied to discuss the development of cultural rights in particular the right to participate in cultural life and the right to access cultural heritage Each lecture will focus on an object of cultural importance that reflects the theme of study (eg the Parthenon marbles Palmyra in Syria The Euphronios Krater hellip) This module will look at the different conventions and the existing legal framework protecting cultural heritage in order to enable students to

Understand the key concepts policy issues and principles underlying cultural heritage law

Analyse the theoretical and academic debates that underlie the substantive law of cultural heritage protection

Evaluate the role of international and national institutions as well as other stakeholders in the protection of the cultural heritage

Understand the practical context in which cultural heritage law operates

Compare existing legal regimes of the protection of the cultural heritage in England the United States and continental Europe

General reading J Blake Cultural Heritage Law (OUP 2015) C Forrest International law and the protection of cultural heritage (Routledge 2009)

39

LAW AND HUMANITIES 1 ETHOS AND SCHOLARSHIP Module Convenor Professor Maria Drakopoulou Mr Connal Parsley

Spring Term (in Paris) Module Code LW927 This module provides students with a solid grounding in law and the humanities ndash a dynamic and rapidly developing interdisciplinary field that offers alternative ways of understanding law by drawing upon humanities disciplines such as political theory literature film studies history and social theory In employing this approach key questions about law can be revisited from new and exciting perspectives and explored through a variety of novel methodologies The module is organized around three main questions It begins by interrogating what is distinct about thinking of law as a humanities subject and what it means to utilise humanities based research methodologies in its study We will examine these issues by focusing on the relationship between the legal scholar and the object of hisher inquiry - namely law - setting this relationship in the context of the legal traditionrsquo The second question explores the notion of ldquocriticalrdquo scholarship and looks at how a humanities approach can shape legal critique using as examples key topics relating to politics ethics and justice Finally we ask whether the interaction between the humanities and legal scholarship can provide a distinctive answer to the question of responsibility of the scholar and of scholarship In imaginatively engaging with questions of law critique and responsibility from a humanities perspective this module broadens the horizons of the study of law in an original and creative way The interdisciplinary insights it offers will cultivate and strengthen studentsrsquo skills of reading critical analysis writing and argument-making across a range of different texts cultural media and legal questions These skills will help students develop an incisive paradigm for their master dissertation whatever its subject or disciplinary orientation This module will be delivered in Paris as an intensive version comprising of 8 x 25 hour seminars during one single week General reading W Brown amp J Halley (eds) Left Legalism Left Critique (Duke University Press 2002) W Dilthey Introduction to the Human Sciences (Wayne State University Press 1988) S Dorsett amp S McVeigh Jurisdiction (Routledge 2012) P Goodrich The Languages of Law (Weidenfeld 1990) D Kelley The Human Measure Social Thought in the Western Legal Tradition (HUP 1990) I Maclean Interpretation and Meaning in the Renaissance The Case of Law (CUP 2005) A Pottage amp M Mundy Law Anthropology and the Constitution of the Social (CUP 2004) A Sarat et al Law and the Humanities An Introduction (CUP 2009) C Vismann Files Law and Media Technology (Stanford University Press 2008)

40

LAW AND HUMANITIES 2 CURRENT ISSUES Module Convenor Professor Maria Drakopoulou

Mr Connal Parsley Summer Term (in Paris)

Module Code LW928 This module equips students with an understanding of the most important and exciting contemporary questions in the field of law and the humanities Drawing from the issues shaping law and humanities research in the present the module offers the chance to become familiar with key debates and currents in this important interdisciplinary area of study Possible issues covered might include sovereignty performativity cosmopolitanism justice representation and cultural memory tradition the archive the nature of humanity rhetoric aesthetics and affect as well as other possible themes of interest to humanities disciplines like political and social theory literature visual culture history theatre and film Through studying these contemporary questions students who complete this module will gain an orientation in the field along with a deep understanding of what the study of law contributes to the humanities and vice-versa In line with the humanities tradition this module is also intended as training in advanced reading good writing and sound argument-making Students who are interested in submitting their written work for publication will be encouraged to do so and given assistance with the process However no special knowledge or experience of any particular discipline is required in order to take this module This module will be delivered in Paris as an intensive version comprising of 8 x 25 hour seminars during one single week General reading M Aristodemou Law and Literature Journeys From Her to Eternity (OUP 2000) B Cormack A Power to Do Justice (Chicago University Press 2007) D Cornell et al Deconstruction and the Possibility of Justice (Routledge 1992) C Douzinas R Warrington amp S McVeigh Postmodern Jurisprudence The Law of Text in the Texts of Law (Routledge 1991) P Goodrich Oedipus Lex Psychoanalysis History Law (University of California Press 1995) S Greenfield Film and the Law The Cinema of Justice (Cavendish 2010) V Kahn Rhetoric and Law in Early Modern England (Yale University Press 2001) M Mondazin Image Icon Economy The Byzantine Origins of the Contemporary Imaginary (Stanford University Press 2005) P Raffield Images and Cultures of Law in Early Modern England (CUP 2004) P Sienfield Faultlines Cultural Materialism and the Politics of Dissident Reading (Clarendon Press 2001) M Stolleis The Eye of the Law (Birkbeck Law Press 2009)

41

LAND DEVELOPMENT AND CONSERVATION

Module Convenor Professor William Howarth Spring Term

Module Code LW931 The development of land places considerable stress upon on wildlife conservation natural resources and environmental quality and may infringe common law restrictions upon land use arising in the law of nuisance The land use planning system gives an opportunity for planning authorities to scrutinise the likely environmental and ecological impacts of a development proposal before a development is determined The anticipatory approach to authorisation of developments is taken a step further when a proposed development is likely to have a significant effect upon the environment and where environmental impact assessment (EIA) is required before granting permission for development The methodology of environmental assessment is also applied where strategic environmental assessment (SEA) is required of plans and policies rather than individual developments The need to implement requirements from European Union environmental law with regard to EIA and SEA is of critical importance The conservation and sustainable use of living natural resources is a key element in securing the overarching environmental policy objective of sustainable development Conservation ecological or biodiversity laws provide a special status for wildlife and require the national designation of land for wildlife protection purposes Beyond the national measures for direct protection of wildlife and the protection of ecologically important habitats important obligations from arise from the European Union and global international sources Specifically the EU Wild Birds and Habitats Directives and the Biodiversity Convention are used to illustrate some of the key legal features in regional biodiversity conservation law A concluding discussion examines the international trade dimension of wildlife conservation law and the proper utilisation of natural resources General reading M Stallworthy Sustainability Land Use and the Environment (2002) J Holder amp D McGillivray (eds) Taking Stock of Environmental Assessment Law Policy and Custom (2007) C Reid Nature Conservation Law 3rd ed (2009) M Bowman P Davies amp C Redgwell Lysterrsquos International Wildlife Law (2010)

42

EUROPEAN UNION CITIZENSHIP AND RESIDENCE RIGHTS ndash CLINICAL OPTION

Module Convenor Mr Graham Tegg Autumn Term

Module Code LW932 This module focuses on citizens of the EU and their family members who have chosen to exercise free movement and residence rights and thereby seek to rely on their lsquorightsrsquo as EU citizens in the territory of another Member State Students will investigate the idea of free movement and citizenship of the EU including the foundational rules principles doctrines and their scope through the prism of Clinical Legal Practice The Clinical Option provides an opportunity for students to develop their knowledge of this contested and rapidly developing area of law by conducting under the supervision of a Kent Law Clinic solicitor a lsquorealrsquo case where the law or rules said to derive from EU law are the subject of lsquoliversquo as opposed to lsquoacademicrsquo disputecontestation Each student will be allocated a case where a Clinic client is seeking to rely on free movement or citizenship rights in an appeal against a decision by the Department for Work and Pensions the UK Border Agency or a local authority that she does not have a right to reside in the UK under EU law The module will explore topics such as the legal political social and economic theories of citizenship whether and how EU citizenship either meets or diverges from these theories what legal economic political andor social entitlements flow from EU citizenship and as opposed to freedom of movement the extent to which citizens of the Union use or understand these lsquorightsrsquo the reception and interpretation of EU citizenship and residence rights by the institutions of the EU and the extent to which their reception and interpretation is different or divergent within Member States with a particular emphasis on the UK and its domestic welfare benefit and immigration law as interpreted by in the jurisprudence of UKrsquos tribunal and court system General reading C Barnard amp S Peers (eds) EU Law (OUP 2014) S Carrera amp AF Atger Implementation of Directive 200438 in the context of EU Enlargement A proliferation of different forms of citizenship (Centre for European Policy Studies Special Reports 2009) P Craig amp G De Bύrca EU Law Text Cases and Materials 5th ed (OUP 2011) G De Bύrca (ed) EU Law and the Welfare State (OUP 2005) E Guild S Peers amp J Tomkin The EU Citizenship Directive A Commentary (OUP 2014) J Habermas lsquoCitizenship and National Identityrsquo Annex 2 in Between Facts and Norms (Polity Press 1996) TH Marshall Citizenship and Social Class and Other Essays (CUP 1950)

43

INTELLECTUAL PROPERTY AND INDUSTRIAL PRACTICES

Module Convenor Dr Joseacute Bellido Dr Hyo Kang

Spring Term Module Code LW933 This module studies intellectual property law ldquoin actionrdquo by focusing on distinct commercial and industrial practices in which intellectual property rights are transacted valued evaluated and litigated in specific ways depending on the trade or industry Differently from the other intellectual law courses which study the role of law in the making of a property right this module focuses on what happens with the intellectual property rights after their creation We will study the complex interplay between law commerce culture and communications and identify how these connections make intellectual property licensing and transactions possible Students will examine intellectual property practices in for example newspapers music merchandising and toys tobacco biopharma finance museums universities and knowledge industries to embrace a different way of studying copyright design trade mark and patent rights (please note that the list of topics is indicative and may be subject to change) No prior knowledge or study of intellectual property is required however students may benefit from knowledge gained in the other IP modules which are complementary to this module General reading K Bowrey and M Handler (eds) Law and Creativity in the Age of the Entertainment Franchise (CUP 2014) L Bently J Davis amp J Ginsburg (eds) Trade Marks and Brands An interdisciplinary Critique (CUP 2011) S Frith Music and Copyright (Edinburgh University Press 1995) K Sunder Rajan (ed) Lively Capital Biotechnologies Ethics and Governance in Global Markets (Duke University Press 2012) S Lane Trade mark legislation and the pharmaceutical industry (Office of Health Economics 1999) UN Round Table on Valuation and Capitalization of Intellectual Assets Intellectual Assets Valuation and Capitalization (United Nations 2003)

44

INTELLECTUAL PROPERTY 2 PATENTS AND TRADE MARKS

Module Convenor Dr Hyo Kang Spring Term

Module Code LW934 Patents and trade marks form the bases of much value generated in so-called lsquoinformation societyrsquo or lsquoknowledge economyrsquo But what are they exactly and how and by what criteria are inventions and signs transformed into patents and trade marks The module provides an in-depth introduction to the laws of patents and trade marks (including the law of passing off) Students will gain an understanding of the relevant national European and international legal frameworks of statutes cases and treaties surrounding these areas of intellectual property We will be attentive to the political socio-historical cultural and economic contexts in which these laws operate as well as assess the implications of legal concepts on individual national and international proprietary strategies Combining a nuanced understanding of legal doctrines with broader theoretical frameworks students will develop the ability to evaluate different views on the meaning and function of patent and trade marks on cultural economic and techno-scientific developments No prior knowledge or study of intellectual property is required Please note that this course covers patents and trade markslaw of passing off only LW801 Intellectual Property 1 Copyright Law is offered in the Autumn Term and is complementary to this module General reading L Bently amp B Sherman Intellectual Property Law (OUP 2014) J Davis Intellectual Property Law (OUP 2012) Blackstonersquos Statutes on Intellectual Property (latest edition) L Bently amp J Davis (eds) Trade Marks and Brands An Interdisciplinary Critique (CUP 2008) A Pottage amp B Sherman Figures of Invention A History of Modern Patent Law (OUP 2010)

37

EUROPEAN UNION CRIMINAL LAW AND PROCEDURE

Module Convenor Professor Dermot Walsh Spring Term

Module Code LW924 This module offers a critical study of the origins principles concepts and practices of European Union criminal law and procedure from historical constitutional legal political and social perspectives It also addresses how national criminal law and procedure (especially that in the United Kingdom) are being shaped by developments at EU level and explores the emergence of a distinct EU criminal process Topics covered

Origins and development of criminal law and procedure

Law and policy making processes

Europol and cross-border police cooperation

Cross-border evidence gathering

European arrest warrant

European Public Prosecutor

EU criminal law measures in areas such as money-laundering organised crime and terrorism

Protection of human rights

Relationship with developments in international criminal law and

Historical political legal cultural social and criminological forces driving and shaping developments in EU criminal law and procedure

General reading

S Miettinen Criminal Law and Policy in the EU (Routledge 2013) A Klip European Criminal Law An Integrative Approach 3rd ed (Intersentia 2016) E Herlin-Karnell The Constitutional Dimension of European Criminal Law (Hart 2012) V Mitsilegas EU Criminal Law after Lisbon (Hart 2016) S Summers C Schwarzenburger E Ege amp F Young The Emergence of EU Criminal Law (Hart 2014)

38

CULTURAL HERITAGE LAW

Module Convenor Dr Sophie Vigneron Autumn Term

Module Code LW925 Cultural heritage law has developed as a distinctive legal topic in the last thirty years to regulate the widening concept of heritage which was historically defined as historical monuments and has now widened to include intangible values This area of law considers a developing jurisprudence that involves international treaties laws ethics and policy consideration relating to the heritage This module aims to identify values and principles that contribute to a fair and equitable cultural heritage policy It addresses the essential question of the need to change the law to accommodate the specific needs of protection of cultural heritagecultural property and it aims to give coherence to practices shaped by stakeholders as well as a complex body of rules at the intersection of civil law property law criminal law public law private international law and public international law Lectures will first introduce the definition of heritage then discuss the five UNESCO Conventions on cultural heritage as well as the restitution of trafficked objects and alternative dispute mechanisms The last lecture will draw on the different topics studied to discuss the development of cultural rights in particular the right to participate in cultural life and the right to access cultural heritage Each lecture will focus on an object of cultural importance that reflects the theme of study (eg the Parthenon marbles Palmyra in Syria The Euphronios Krater hellip) This module will look at the different conventions and the existing legal framework protecting cultural heritage in order to enable students to

Understand the key concepts policy issues and principles underlying cultural heritage law

Analyse the theoretical and academic debates that underlie the substantive law of cultural heritage protection

Evaluate the role of international and national institutions as well as other stakeholders in the protection of the cultural heritage

Understand the practical context in which cultural heritage law operates

Compare existing legal regimes of the protection of the cultural heritage in England the United States and continental Europe

General reading J Blake Cultural Heritage Law (OUP 2015) C Forrest International law and the protection of cultural heritage (Routledge 2009)

39

LAW AND HUMANITIES 1 ETHOS AND SCHOLARSHIP Module Convenor Professor Maria Drakopoulou Mr Connal Parsley

Spring Term (in Paris) Module Code LW927 This module provides students with a solid grounding in law and the humanities ndash a dynamic and rapidly developing interdisciplinary field that offers alternative ways of understanding law by drawing upon humanities disciplines such as political theory literature film studies history and social theory In employing this approach key questions about law can be revisited from new and exciting perspectives and explored through a variety of novel methodologies The module is organized around three main questions It begins by interrogating what is distinct about thinking of law as a humanities subject and what it means to utilise humanities based research methodologies in its study We will examine these issues by focusing on the relationship between the legal scholar and the object of hisher inquiry - namely law - setting this relationship in the context of the legal traditionrsquo The second question explores the notion of ldquocriticalrdquo scholarship and looks at how a humanities approach can shape legal critique using as examples key topics relating to politics ethics and justice Finally we ask whether the interaction between the humanities and legal scholarship can provide a distinctive answer to the question of responsibility of the scholar and of scholarship In imaginatively engaging with questions of law critique and responsibility from a humanities perspective this module broadens the horizons of the study of law in an original and creative way The interdisciplinary insights it offers will cultivate and strengthen studentsrsquo skills of reading critical analysis writing and argument-making across a range of different texts cultural media and legal questions These skills will help students develop an incisive paradigm for their master dissertation whatever its subject or disciplinary orientation This module will be delivered in Paris as an intensive version comprising of 8 x 25 hour seminars during one single week General reading W Brown amp J Halley (eds) Left Legalism Left Critique (Duke University Press 2002) W Dilthey Introduction to the Human Sciences (Wayne State University Press 1988) S Dorsett amp S McVeigh Jurisdiction (Routledge 2012) P Goodrich The Languages of Law (Weidenfeld 1990) D Kelley The Human Measure Social Thought in the Western Legal Tradition (HUP 1990) I Maclean Interpretation and Meaning in the Renaissance The Case of Law (CUP 2005) A Pottage amp M Mundy Law Anthropology and the Constitution of the Social (CUP 2004) A Sarat et al Law and the Humanities An Introduction (CUP 2009) C Vismann Files Law and Media Technology (Stanford University Press 2008)

40

LAW AND HUMANITIES 2 CURRENT ISSUES Module Convenor Professor Maria Drakopoulou

Mr Connal Parsley Summer Term (in Paris)

Module Code LW928 This module equips students with an understanding of the most important and exciting contemporary questions in the field of law and the humanities Drawing from the issues shaping law and humanities research in the present the module offers the chance to become familiar with key debates and currents in this important interdisciplinary area of study Possible issues covered might include sovereignty performativity cosmopolitanism justice representation and cultural memory tradition the archive the nature of humanity rhetoric aesthetics and affect as well as other possible themes of interest to humanities disciplines like political and social theory literature visual culture history theatre and film Through studying these contemporary questions students who complete this module will gain an orientation in the field along with a deep understanding of what the study of law contributes to the humanities and vice-versa In line with the humanities tradition this module is also intended as training in advanced reading good writing and sound argument-making Students who are interested in submitting their written work for publication will be encouraged to do so and given assistance with the process However no special knowledge or experience of any particular discipline is required in order to take this module This module will be delivered in Paris as an intensive version comprising of 8 x 25 hour seminars during one single week General reading M Aristodemou Law and Literature Journeys From Her to Eternity (OUP 2000) B Cormack A Power to Do Justice (Chicago University Press 2007) D Cornell et al Deconstruction and the Possibility of Justice (Routledge 1992) C Douzinas R Warrington amp S McVeigh Postmodern Jurisprudence The Law of Text in the Texts of Law (Routledge 1991) P Goodrich Oedipus Lex Psychoanalysis History Law (University of California Press 1995) S Greenfield Film and the Law The Cinema of Justice (Cavendish 2010) V Kahn Rhetoric and Law in Early Modern England (Yale University Press 2001) M Mondazin Image Icon Economy The Byzantine Origins of the Contemporary Imaginary (Stanford University Press 2005) P Raffield Images and Cultures of Law in Early Modern England (CUP 2004) P Sienfield Faultlines Cultural Materialism and the Politics of Dissident Reading (Clarendon Press 2001) M Stolleis The Eye of the Law (Birkbeck Law Press 2009)

41

LAND DEVELOPMENT AND CONSERVATION

Module Convenor Professor William Howarth Spring Term

Module Code LW931 The development of land places considerable stress upon on wildlife conservation natural resources and environmental quality and may infringe common law restrictions upon land use arising in the law of nuisance The land use planning system gives an opportunity for planning authorities to scrutinise the likely environmental and ecological impacts of a development proposal before a development is determined The anticipatory approach to authorisation of developments is taken a step further when a proposed development is likely to have a significant effect upon the environment and where environmental impact assessment (EIA) is required before granting permission for development The methodology of environmental assessment is also applied where strategic environmental assessment (SEA) is required of plans and policies rather than individual developments The need to implement requirements from European Union environmental law with regard to EIA and SEA is of critical importance The conservation and sustainable use of living natural resources is a key element in securing the overarching environmental policy objective of sustainable development Conservation ecological or biodiversity laws provide a special status for wildlife and require the national designation of land for wildlife protection purposes Beyond the national measures for direct protection of wildlife and the protection of ecologically important habitats important obligations from arise from the European Union and global international sources Specifically the EU Wild Birds and Habitats Directives and the Biodiversity Convention are used to illustrate some of the key legal features in regional biodiversity conservation law A concluding discussion examines the international trade dimension of wildlife conservation law and the proper utilisation of natural resources General reading M Stallworthy Sustainability Land Use and the Environment (2002) J Holder amp D McGillivray (eds) Taking Stock of Environmental Assessment Law Policy and Custom (2007) C Reid Nature Conservation Law 3rd ed (2009) M Bowman P Davies amp C Redgwell Lysterrsquos International Wildlife Law (2010)

42

EUROPEAN UNION CITIZENSHIP AND RESIDENCE RIGHTS ndash CLINICAL OPTION

Module Convenor Mr Graham Tegg Autumn Term

Module Code LW932 This module focuses on citizens of the EU and their family members who have chosen to exercise free movement and residence rights and thereby seek to rely on their lsquorightsrsquo as EU citizens in the territory of another Member State Students will investigate the idea of free movement and citizenship of the EU including the foundational rules principles doctrines and their scope through the prism of Clinical Legal Practice The Clinical Option provides an opportunity for students to develop their knowledge of this contested and rapidly developing area of law by conducting under the supervision of a Kent Law Clinic solicitor a lsquorealrsquo case where the law or rules said to derive from EU law are the subject of lsquoliversquo as opposed to lsquoacademicrsquo disputecontestation Each student will be allocated a case where a Clinic client is seeking to rely on free movement or citizenship rights in an appeal against a decision by the Department for Work and Pensions the UK Border Agency or a local authority that she does not have a right to reside in the UK under EU law The module will explore topics such as the legal political social and economic theories of citizenship whether and how EU citizenship either meets or diverges from these theories what legal economic political andor social entitlements flow from EU citizenship and as opposed to freedom of movement the extent to which citizens of the Union use or understand these lsquorightsrsquo the reception and interpretation of EU citizenship and residence rights by the institutions of the EU and the extent to which their reception and interpretation is different or divergent within Member States with a particular emphasis on the UK and its domestic welfare benefit and immigration law as interpreted by in the jurisprudence of UKrsquos tribunal and court system General reading C Barnard amp S Peers (eds) EU Law (OUP 2014) S Carrera amp AF Atger Implementation of Directive 200438 in the context of EU Enlargement A proliferation of different forms of citizenship (Centre for European Policy Studies Special Reports 2009) P Craig amp G De Bύrca EU Law Text Cases and Materials 5th ed (OUP 2011) G De Bύrca (ed) EU Law and the Welfare State (OUP 2005) E Guild S Peers amp J Tomkin The EU Citizenship Directive A Commentary (OUP 2014) J Habermas lsquoCitizenship and National Identityrsquo Annex 2 in Between Facts and Norms (Polity Press 1996) TH Marshall Citizenship and Social Class and Other Essays (CUP 1950)

43

INTELLECTUAL PROPERTY AND INDUSTRIAL PRACTICES

Module Convenor Dr Joseacute Bellido Dr Hyo Kang

Spring Term Module Code LW933 This module studies intellectual property law ldquoin actionrdquo by focusing on distinct commercial and industrial practices in which intellectual property rights are transacted valued evaluated and litigated in specific ways depending on the trade or industry Differently from the other intellectual law courses which study the role of law in the making of a property right this module focuses on what happens with the intellectual property rights after their creation We will study the complex interplay between law commerce culture and communications and identify how these connections make intellectual property licensing and transactions possible Students will examine intellectual property practices in for example newspapers music merchandising and toys tobacco biopharma finance museums universities and knowledge industries to embrace a different way of studying copyright design trade mark and patent rights (please note that the list of topics is indicative and may be subject to change) No prior knowledge or study of intellectual property is required however students may benefit from knowledge gained in the other IP modules which are complementary to this module General reading K Bowrey and M Handler (eds) Law and Creativity in the Age of the Entertainment Franchise (CUP 2014) L Bently J Davis amp J Ginsburg (eds) Trade Marks and Brands An interdisciplinary Critique (CUP 2011) S Frith Music and Copyright (Edinburgh University Press 1995) K Sunder Rajan (ed) Lively Capital Biotechnologies Ethics and Governance in Global Markets (Duke University Press 2012) S Lane Trade mark legislation and the pharmaceutical industry (Office of Health Economics 1999) UN Round Table on Valuation and Capitalization of Intellectual Assets Intellectual Assets Valuation and Capitalization (United Nations 2003)

44

INTELLECTUAL PROPERTY 2 PATENTS AND TRADE MARKS

Module Convenor Dr Hyo Kang Spring Term

Module Code LW934 Patents and trade marks form the bases of much value generated in so-called lsquoinformation societyrsquo or lsquoknowledge economyrsquo But what are they exactly and how and by what criteria are inventions and signs transformed into patents and trade marks The module provides an in-depth introduction to the laws of patents and trade marks (including the law of passing off) Students will gain an understanding of the relevant national European and international legal frameworks of statutes cases and treaties surrounding these areas of intellectual property We will be attentive to the political socio-historical cultural and economic contexts in which these laws operate as well as assess the implications of legal concepts on individual national and international proprietary strategies Combining a nuanced understanding of legal doctrines with broader theoretical frameworks students will develop the ability to evaluate different views on the meaning and function of patent and trade marks on cultural economic and techno-scientific developments No prior knowledge or study of intellectual property is required Please note that this course covers patents and trade markslaw of passing off only LW801 Intellectual Property 1 Copyright Law is offered in the Autumn Term and is complementary to this module General reading L Bently amp B Sherman Intellectual Property Law (OUP 2014) J Davis Intellectual Property Law (OUP 2012) Blackstonersquos Statutes on Intellectual Property (latest edition) L Bently amp J Davis (eds) Trade Marks and Brands An Interdisciplinary Critique (CUP 2008) A Pottage amp B Sherman Figures of Invention A History of Modern Patent Law (OUP 2010)

38

CULTURAL HERITAGE LAW

Module Convenor Dr Sophie Vigneron Autumn Term

Module Code LW925 Cultural heritage law has developed as a distinctive legal topic in the last thirty years to regulate the widening concept of heritage which was historically defined as historical monuments and has now widened to include intangible values This area of law considers a developing jurisprudence that involves international treaties laws ethics and policy consideration relating to the heritage This module aims to identify values and principles that contribute to a fair and equitable cultural heritage policy It addresses the essential question of the need to change the law to accommodate the specific needs of protection of cultural heritagecultural property and it aims to give coherence to practices shaped by stakeholders as well as a complex body of rules at the intersection of civil law property law criminal law public law private international law and public international law Lectures will first introduce the definition of heritage then discuss the five UNESCO Conventions on cultural heritage as well as the restitution of trafficked objects and alternative dispute mechanisms The last lecture will draw on the different topics studied to discuss the development of cultural rights in particular the right to participate in cultural life and the right to access cultural heritage Each lecture will focus on an object of cultural importance that reflects the theme of study (eg the Parthenon marbles Palmyra in Syria The Euphronios Krater hellip) This module will look at the different conventions and the existing legal framework protecting cultural heritage in order to enable students to

Understand the key concepts policy issues and principles underlying cultural heritage law

Analyse the theoretical and academic debates that underlie the substantive law of cultural heritage protection

Evaluate the role of international and national institutions as well as other stakeholders in the protection of the cultural heritage

Understand the practical context in which cultural heritage law operates

Compare existing legal regimes of the protection of the cultural heritage in England the United States and continental Europe

General reading J Blake Cultural Heritage Law (OUP 2015) C Forrest International law and the protection of cultural heritage (Routledge 2009)

39

LAW AND HUMANITIES 1 ETHOS AND SCHOLARSHIP Module Convenor Professor Maria Drakopoulou Mr Connal Parsley

Spring Term (in Paris) Module Code LW927 This module provides students with a solid grounding in law and the humanities ndash a dynamic and rapidly developing interdisciplinary field that offers alternative ways of understanding law by drawing upon humanities disciplines such as political theory literature film studies history and social theory In employing this approach key questions about law can be revisited from new and exciting perspectives and explored through a variety of novel methodologies The module is organized around three main questions It begins by interrogating what is distinct about thinking of law as a humanities subject and what it means to utilise humanities based research methodologies in its study We will examine these issues by focusing on the relationship between the legal scholar and the object of hisher inquiry - namely law - setting this relationship in the context of the legal traditionrsquo The second question explores the notion of ldquocriticalrdquo scholarship and looks at how a humanities approach can shape legal critique using as examples key topics relating to politics ethics and justice Finally we ask whether the interaction between the humanities and legal scholarship can provide a distinctive answer to the question of responsibility of the scholar and of scholarship In imaginatively engaging with questions of law critique and responsibility from a humanities perspective this module broadens the horizons of the study of law in an original and creative way The interdisciplinary insights it offers will cultivate and strengthen studentsrsquo skills of reading critical analysis writing and argument-making across a range of different texts cultural media and legal questions These skills will help students develop an incisive paradigm for their master dissertation whatever its subject or disciplinary orientation This module will be delivered in Paris as an intensive version comprising of 8 x 25 hour seminars during one single week General reading W Brown amp J Halley (eds) Left Legalism Left Critique (Duke University Press 2002) W Dilthey Introduction to the Human Sciences (Wayne State University Press 1988) S Dorsett amp S McVeigh Jurisdiction (Routledge 2012) P Goodrich The Languages of Law (Weidenfeld 1990) D Kelley The Human Measure Social Thought in the Western Legal Tradition (HUP 1990) I Maclean Interpretation and Meaning in the Renaissance The Case of Law (CUP 2005) A Pottage amp M Mundy Law Anthropology and the Constitution of the Social (CUP 2004) A Sarat et al Law and the Humanities An Introduction (CUP 2009) C Vismann Files Law and Media Technology (Stanford University Press 2008)

40

LAW AND HUMANITIES 2 CURRENT ISSUES Module Convenor Professor Maria Drakopoulou

Mr Connal Parsley Summer Term (in Paris)

Module Code LW928 This module equips students with an understanding of the most important and exciting contemporary questions in the field of law and the humanities Drawing from the issues shaping law and humanities research in the present the module offers the chance to become familiar with key debates and currents in this important interdisciplinary area of study Possible issues covered might include sovereignty performativity cosmopolitanism justice representation and cultural memory tradition the archive the nature of humanity rhetoric aesthetics and affect as well as other possible themes of interest to humanities disciplines like political and social theory literature visual culture history theatre and film Through studying these contemporary questions students who complete this module will gain an orientation in the field along with a deep understanding of what the study of law contributes to the humanities and vice-versa In line with the humanities tradition this module is also intended as training in advanced reading good writing and sound argument-making Students who are interested in submitting their written work for publication will be encouraged to do so and given assistance with the process However no special knowledge or experience of any particular discipline is required in order to take this module This module will be delivered in Paris as an intensive version comprising of 8 x 25 hour seminars during one single week General reading M Aristodemou Law and Literature Journeys From Her to Eternity (OUP 2000) B Cormack A Power to Do Justice (Chicago University Press 2007) D Cornell et al Deconstruction and the Possibility of Justice (Routledge 1992) C Douzinas R Warrington amp S McVeigh Postmodern Jurisprudence The Law of Text in the Texts of Law (Routledge 1991) P Goodrich Oedipus Lex Psychoanalysis History Law (University of California Press 1995) S Greenfield Film and the Law The Cinema of Justice (Cavendish 2010) V Kahn Rhetoric and Law in Early Modern England (Yale University Press 2001) M Mondazin Image Icon Economy The Byzantine Origins of the Contemporary Imaginary (Stanford University Press 2005) P Raffield Images and Cultures of Law in Early Modern England (CUP 2004) P Sienfield Faultlines Cultural Materialism and the Politics of Dissident Reading (Clarendon Press 2001) M Stolleis The Eye of the Law (Birkbeck Law Press 2009)

41

LAND DEVELOPMENT AND CONSERVATION

Module Convenor Professor William Howarth Spring Term

Module Code LW931 The development of land places considerable stress upon on wildlife conservation natural resources and environmental quality and may infringe common law restrictions upon land use arising in the law of nuisance The land use planning system gives an opportunity for planning authorities to scrutinise the likely environmental and ecological impacts of a development proposal before a development is determined The anticipatory approach to authorisation of developments is taken a step further when a proposed development is likely to have a significant effect upon the environment and where environmental impact assessment (EIA) is required before granting permission for development The methodology of environmental assessment is also applied where strategic environmental assessment (SEA) is required of plans and policies rather than individual developments The need to implement requirements from European Union environmental law with regard to EIA and SEA is of critical importance The conservation and sustainable use of living natural resources is a key element in securing the overarching environmental policy objective of sustainable development Conservation ecological or biodiversity laws provide a special status for wildlife and require the national designation of land for wildlife protection purposes Beyond the national measures for direct protection of wildlife and the protection of ecologically important habitats important obligations from arise from the European Union and global international sources Specifically the EU Wild Birds and Habitats Directives and the Biodiversity Convention are used to illustrate some of the key legal features in regional biodiversity conservation law A concluding discussion examines the international trade dimension of wildlife conservation law and the proper utilisation of natural resources General reading M Stallworthy Sustainability Land Use and the Environment (2002) J Holder amp D McGillivray (eds) Taking Stock of Environmental Assessment Law Policy and Custom (2007) C Reid Nature Conservation Law 3rd ed (2009) M Bowman P Davies amp C Redgwell Lysterrsquos International Wildlife Law (2010)

42

EUROPEAN UNION CITIZENSHIP AND RESIDENCE RIGHTS ndash CLINICAL OPTION

Module Convenor Mr Graham Tegg Autumn Term

Module Code LW932 This module focuses on citizens of the EU and their family members who have chosen to exercise free movement and residence rights and thereby seek to rely on their lsquorightsrsquo as EU citizens in the territory of another Member State Students will investigate the idea of free movement and citizenship of the EU including the foundational rules principles doctrines and their scope through the prism of Clinical Legal Practice The Clinical Option provides an opportunity for students to develop their knowledge of this contested and rapidly developing area of law by conducting under the supervision of a Kent Law Clinic solicitor a lsquorealrsquo case where the law or rules said to derive from EU law are the subject of lsquoliversquo as opposed to lsquoacademicrsquo disputecontestation Each student will be allocated a case where a Clinic client is seeking to rely on free movement or citizenship rights in an appeal against a decision by the Department for Work and Pensions the UK Border Agency or a local authority that she does not have a right to reside in the UK under EU law The module will explore topics such as the legal political social and economic theories of citizenship whether and how EU citizenship either meets or diverges from these theories what legal economic political andor social entitlements flow from EU citizenship and as opposed to freedom of movement the extent to which citizens of the Union use or understand these lsquorightsrsquo the reception and interpretation of EU citizenship and residence rights by the institutions of the EU and the extent to which their reception and interpretation is different or divergent within Member States with a particular emphasis on the UK and its domestic welfare benefit and immigration law as interpreted by in the jurisprudence of UKrsquos tribunal and court system General reading C Barnard amp S Peers (eds) EU Law (OUP 2014) S Carrera amp AF Atger Implementation of Directive 200438 in the context of EU Enlargement A proliferation of different forms of citizenship (Centre for European Policy Studies Special Reports 2009) P Craig amp G De Bύrca EU Law Text Cases and Materials 5th ed (OUP 2011) G De Bύrca (ed) EU Law and the Welfare State (OUP 2005) E Guild S Peers amp J Tomkin The EU Citizenship Directive A Commentary (OUP 2014) J Habermas lsquoCitizenship and National Identityrsquo Annex 2 in Between Facts and Norms (Polity Press 1996) TH Marshall Citizenship and Social Class and Other Essays (CUP 1950)

43

INTELLECTUAL PROPERTY AND INDUSTRIAL PRACTICES

Module Convenor Dr Joseacute Bellido Dr Hyo Kang

Spring Term Module Code LW933 This module studies intellectual property law ldquoin actionrdquo by focusing on distinct commercial and industrial practices in which intellectual property rights are transacted valued evaluated and litigated in specific ways depending on the trade or industry Differently from the other intellectual law courses which study the role of law in the making of a property right this module focuses on what happens with the intellectual property rights after their creation We will study the complex interplay between law commerce culture and communications and identify how these connections make intellectual property licensing and transactions possible Students will examine intellectual property practices in for example newspapers music merchandising and toys tobacco biopharma finance museums universities and knowledge industries to embrace a different way of studying copyright design trade mark and patent rights (please note that the list of topics is indicative and may be subject to change) No prior knowledge or study of intellectual property is required however students may benefit from knowledge gained in the other IP modules which are complementary to this module General reading K Bowrey and M Handler (eds) Law and Creativity in the Age of the Entertainment Franchise (CUP 2014) L Bently J Davis amp J Ginsburg (eds) Trade Marks and Brands An interdisciplinary Critique (CUP 2011) S Frith Music and Copyright (Edinburgh University Press 1995) K Sunder Rajan (ed) Lively Capital Biotechnologies Ethics and Governance in Global Markets (Duke University Press 2012) S Lane Trade mark legislation and the pharmaceutical industry (Office of Health Economics 1999) UN Round Table on Valuation and Capitalization of Intellectual Assets Intellectual Assets Valuation and Capitalization (United Nations 2003)

44

INTELLECTUAL PROPERTY 2 PATENTS AND TRADE MARKS

Module Convenor Dr Hyo Kang Spring Term

Module Code LW934 Patents and trade marks form the bases of much value generated in so-called lsquoinformation societyrsquo or lsquoknowledge economyrsquo But what are they exactly and how and by what criteria are inventions and signs transformed into patents and trade marks The module provides an in-depth introduction to the laws of patents and trade marks (including the law of passing off) Students will gain an understanding of the relevant national European and international legal frameworks of statutes cases and treaties surrounding these areas of intellectual property We will be attentive to the political socio-historical cultural and economic contexts in which these laws operate as well as assess the implications of legal concepts on individual national and international proprietary strategies Combining a nuanced understanding of legal doctrines with broader theoretical frameworks students will develop the ability to evaluate different views on the meaning and function of patent and trade marks on cultural economic and techno-scientific developments No prior knowledge or study of intellectual property is required Please note that this course covers patents and trade markslaw of passing off only LW801 Intellectual Property 1 Copyright Law is offered in the Autumn Term and is complementary to this module General reading L Bently amp B Sherman Intellectual Property Law (OUP 2014) J Davis Intellectual Property Law (OUP 2012) Blackstonersquos Statutes on Intellectual Property (latest edition) L Bently amp J Davis (eds) Trade Marks and Brands An Interdisciplinary Critique (CUP 2008) A Pottage amp B Sherman Figures of Invention A History of Modern Patent Law (OUP 2010)

39

LAW AND HUMANITIES 1 ETHOS AND SCHOLARSHIP Module Convenor Professor Maria Drakopoulou Mr Connal Parsley

Spring Term (in Paris) Module Code LW927 This module provides students with a solid grounding in law and the humanities ndash a dynamic and rapidly developing interdisciplinary field that offers alternative ways of understanding law by drawing upon humanities disciplines such as political theory literature film studies history and social theory In employing this approach key questions about law can be revisited from new and exciting perspectives and explored through a variety of novel methodologies The module is organized around three main questions It begins by interrogating what is distinct about thinking of law as a humanities subject and what it means to utilise humanities based research methodologies in its study We will examine these issues by focusing on the relationship between the legal scholar and the object of hisher inquiry - namely law - setting this relationship in the context of the legal traditionrsquo The second question explores the notion of ldquocriticalrdquo scholarship and looks at how a humanities approach can shape legal critique using as examples key topics relating to politics ethics and justice Finally we ask whether the interaction between the humanities and legal scholarship can provide a distinctive answer to the question of responsibility of the scholar and of scholarship In imaginatively engaging with questions of law critique and responsibility from a humanities perspective this module broadens the horizons of the study of law in an original and creative way The interdisciplinary insights it offers will cultivate and strengthen studentsrsquo skills of reading critical analysis writing and argument-making across a range of different texts cultural media and legal questions These skills will help students develop an incisive paradigm for their master dissertation whatever its subject or disciplinary orientation This module will be delivered in Paris as an intensive version comprising of 8 x 25 hour seminars during one single week General reading W Brown amp J Halley (eds) Left Legalism Left Critique (Duke University Press 2002) W Dilthey Introduction to the Human Sciences (Wayne State University Press 1988) S Dorsett amp S McVeigh Jurisdiction (Routledge 2012) P Goodrich The Languages of Law (Weidenfeld 1990) D Kelley The Human Measure Social Thought in the Western Legal Tradition (HUP 1990) I Maclean Interpretation and Meaning in the Renaissance The Case of Law (CUP 2005) A Pottage amp M Mundy Law Anthropology and the Constitution of the Social (CUP 2004) A Sarat et al Law and the Humanities An Introduction (CUP 2009) C Vismann Files Law and Media Technology (Stanford University Press 2008)

40

LAW AND HUMANITIES 2 CURRENT ISSUES Module Convenor Professor Maria Drakopoulou

Mr Connal Parsley Summer Term (in Paris)

Module Code LW928 This module equips students with an understanding of the most important and exciting contemporary questions in the field of law and the humanities Drawing from the issues shaping law and humanities research in the present the module offers the chance to become familiar with key debates and currents in this important interdisciplinary area of study Possible issues covered might include sovereignty performativity cosmopolitanism justice representation and cultural memory tradition the archive the nature of humanity rhetoric aesthetics and affect as well as other possible themes of interest to humanities disciplines like political and social theory literature visual culture history theatre and film Through studying these contemporary questions students who complete this module will gain an orientation in the field along with a deep understanding of what the study of law contributes to the humanities and vice-versa In line with the humanities tradition this module is also intended as training in advanced reading good writing and sound argument-making Students who are interested in submitting their written work for publication will be encouraged to do so and given assistance with the process However no special knowledge or experience of any particular discipline is required in order to take this module This module will be delivered in Paris as an intensive version comprising of 8 x 25 hour seminars during one single week General reading M Aristodemou Law and Literature Journeys From Her to Eternity (OUP 2000) B Cormack A Power to Do Justice (Chicago University Press 2007) D Cornell et al Deconstruction and the Possibility of Justice (Routledge 1992) C Douzinas R Warrington amp S McVeigh Postmodern Jurisprudence The Law of Text in the Texts of Law (Routledge 1991) P Goodrich Oedipus Lex Psychoanalysis History Law (University of California Press 1995) S Greenfield Film and the Law The Cinema of Justice (Cavendish 2010) V Kahn Rhetoric and Law in Early Modern England (Yale University Press 2001) M Mondazin Image Icon Economy The Byzantine Origins of the Contemporary Imaginary (Stanford University Press 2005) P Raffield Images and Cultures of Law in Early Modern England (CUP 2004) P Sienfield Faultlines Cultural Materialism and the Politics of Dissident Reading (Clarendon Press 2001) M Stolleis The Eye of the Law (Birkbeck Law Press 2009)

41

LAND DEVELOPMENT AND CONSERVATION

Module Convenor Professor William Howarth Spring Term

Module Code LW931 The development of land places considerable stress upon on wildlife conservation natural resources and environmental quality and may infringe common law restrictions upon land use arising in the law of nuisance The land use planning system gives an opportunity for planning authorities to scrutinise the likely environmental and ecological impacts of a development proposal before a development is determined The anticipatory approach to authorisation of developments is taken a step further when a proposed development is likely to have a significant effect upon the environment and where environmental impact assessment (EIA) is required before granting permission for development The methodology of environmental assessment is also applied where strategic environmental assessment (SEA) is required of plans and policies rather than individual developments The need to implement requirements from European Union environmental law with regard to EIA and SEA is of critical importance The conservation and sustainable use of living natural resources is a key element in securing the overarching environmental policy objective of sustainable development Conservation ecological or biodiversity laws provide a special status for wildlife and require the national designation of land for wildlife protection purposes Beyond the national measures for direct protection of wildlife and the protection of ecologically important habitats important obligations from arise from the European Union and global international sources Specifically the EU Wild Birds and Habitats Directives and the Biodiversity Convention are used to illustrate some of the key legal features in regional biodiversity conservation law A concluding discussion examines the international trade dimension of wildlife conservation law and the proper utilisation of natural resources General reading M Stallworthy Sustainability Land Use and the Environment (2002) J Holder amp D McGillivray (eds) Taking Stock of Environmental Assessment Law Policy and Custom (2007) C Reid Nature Conservation Law 3rd ed (2009) M Bowman P Davies amp C Redgwell Lysterrsquos International Wildlife Law (2010)

42

EUROPEAN UNION CITIZENSHIP AND RESIDENCE RIGHTS ndash CLINICAL OPTION

Module Convenor Mr Graham Tegg Autumn Term

Module Code LW932 This module focuses on citizens of the EU and their family members who have chosen to exercise free movement and residence rights and thereby seek to rely on their lsquorightsrsquo as EU citizens in the territory of another Member State Students will investigate the idea of free movement and citizenship of the EU including the foundational rules principles doctrines and their scope through the prism of Clinical Legal Practice The Clinical Option provides an opportunity for students to develop their knowledge of this contested and rapidly developing area of law by conducting under the supervision of a Kent Law Clinic solicitor a lsquorealrsquo case where the law or rules said to derive from EU law are the subject of lsquoliversquo as opposed to lsquoacademicrsquo disputecontestation Each student will be allocated a case where a Clinic client is seeking to rely on free movement or citizenship rights in an appeal against a decision by the Department for Work and Pensions the UK Border Agency or a local authority that she does not have a right to reside in the UK under EU law The module will explore topics such as the legal political social and economic theories of citizenship whether and how EU citizenship either meets or diverges from these theories what legal economic political andor social entitlements flow from EU citizenship and as opposed to freedom of movement the extent to which citizens of the Union use or understand these lsquorightsrsquo the reception and interpretation of EU citizenship and residence rights by the institutions of the EU and the extent to which their reception and interpretation is different or divergent within Member States with a particular emphasis on the UK and its domestic welfare benefit and immigration law as interpreted by in the jurisprudence of UKrsquos tribunal and court system General reading C Barnard amp S Peers (eds) EU Law (OUP 2014) S Carrera amp AF Atger Implementation of Directive 200438 in the context of EU Enlargement A proliferation of different forms of citizenship (Centre for European Policy Studies Special Reports 2009) P Craig amp G De Bύrca EU Law Text Cases and Materials 5th ed (OUP 2011) G De Bύrca (ed) EU Law and the Welfare State (OUP 2005) E Guild S Peers amp J Tomkin The EU Citizenship Directive A Commentary (OUP 2014) J Habermas lsquoCitizenship and National Identityrsquo Annex 2 in Between Facts and Norms (Polity Press 1996) TH Marshall Citizenship and Social Class and Other Essays (CUP 1950)

43

INTELLECTUAL PROPERTY AND INDUSTRIAL PRACTICES

Module Convenor Dr Joseacute Bellido Dr Hyo Kang

Spring Term Module Code LW933 This module studies intellectual property law ldquoin actionrdquo by focusing on distinct commercial and industrial practices in which intellectual property rights are transacted valued evaluated and litigated in specific ways depending on the trade or industry Differently from the other intellectual law courses which study the role of law in the making of a property right this module focuses on what happens with the intellectual property rights after their creation We will study the complex interplay between law commerce culture and communications and identify how these connections make intellectual property licensing and transactions possible Students will examine intellectual property practices in for example newspapers music merchandising and toys tobacco biopharma finance museums universities and knowledge industries to embrace a different way of studying copyright design trade mark and patent rights (please note that the list of topics is indicative and may be subject to change) No prior knowledge or study of intellectual property is required however students may benefit from knowledge gained in the other IP modules which are complementary to this module General reading K Bowrey and M Handler (eds) Law and Creativity in the Age of the Entertainment Franchise (CUP 2014) L Bently J Davis amp J Ginsburg (eds) Trade Marks and Brands An interdisciplinary Critique (CUP 2011) S Frith Music and Copyright (Edinburgh University Press 1995) K Sunder Rajan (ed) Lively Capital Biotechnologies Ethics and Governance in Global Markets (Duke University Press 2012) S Lane Trade mark legislation and the pharmaceutical industry (Office of Health Economics 1999) UN Round Table on Valuation and Capitalization of Intellectual Assets Intellectual Assets Valuation and Capitalization (United Nations 2003)

44

INTELLECTUAL PROPERTY 2 PATENTS AND TRADE MARKS

Module Convenor Dr Hyo Kang Spring Term

Module Code LW934 Patents and trade marks form the bases of much value generated in so-called lsquoinformation societyrsquo or lsquoknowledge economyrsquo But what are they exactly and how and by what criteria are inventions and signs transformed into patents and trade marks The module provides an in-depth introduction to the laws of patents and trade marks (including the law of passing off) Students will gain an understanding of the relevant national European and international legal frameworks of statutes cases and treaties surrounding these areas of intellectual property We will be attentive to the political socio-historical cultural and economic contexts in which these laws operate as well as assess the implications of legal concepts on individual national and international proprietary strategies Combining a nuanced understanding of legal doctrines with broader theoretical frameworks students will develop the ability to evaluate different views on the meaning and function of patent and trade marks on cultural economic and techno-scientific developments No prior knowledge or study of intellectual property is required Please note that this course covers patents and trade markslaw of passing off only LW801 Intellectual Property 1 Copyright Law is offered in the Autumn Term and is complementary to this module General reading L Bently amp B Sherman Intellectual Property Law (OUP 2014) J Davis Intellectual Property Law (OUP 2012) Blackstonersquos Statutes on Intellectual Property (latest edition) L Bently amp J Davis (eds) Trade Marks and Brands An Interdisciplinary Critique (CUP 2008) A Pottage amp B Sherman Figures of Invention A History of Modern Patent Law (OUP 2010)

40

LAW AND HUMANITIES 2 CURRENT ISSUES Module Convenor Professor Maria Drakopoulou

Mr Connal Parsley Summer Term (in Paris)

Module Code LW928 This module equips students with an understanding of the most important and exciting contemporary questions in the field of law and the humanities Drawing from the issues shaping law and humanities research in the present the module offers the chance to become familiar with key debates and currents in this important interdisciplinary area of study Possible issues covered might include sovereignty performativity cosmopolitanism justice representation and cultural memory tradition the archive the nature of humanity rhetoric aesthetics and affect as well as other possible themes of interest to humanities disciplines like political and social theory literature visual culture history theatre and film Through studying these contemporary questions students who complete this module will gain an orientation in the field along with a deep understanding of what the study of law contributes to the humanities and vice-versa In line with the humanities tradition this module is also intended as training in advanced reading good writing and sound argument-making Students who are interested in submitting their written work for publication will be encouraged to do so and given assistance with the process However no special knowledge or experience of any particular discipline is required in order to take this module This module will be delivered in Paris as an intensive version comprising of 8 x 25 hour seminars during one single week General reading M Aristodemou Law and Literature Journeys From Her to Eternity (OUP 2000) B Cormack A Power to Do Justice (Chicago University Press 2007) D Cornell et al Deconstruction and the Possibility of Justice (Routledge 1992) C Douzinas R Warrington amp S McVeigh Postmodern Jurisprudence The Law of Text in the Texts of Law (Routledge 1991) P Goodrich Oedipus Lex Psychoanalysis History Law (University of California Press 1995) S Greenfield Film and the Law The Cinema of Justice (Cavendish 2010) V Kahn Rhetoric and Law in Early Modern England (Yale University Press 2001) M Mondazin Image Icon Economy The Byzantine Origins of the Contemporary Imaginary (Stanford University Press 2005) P Raffield Images and Cultures of Law in Early Modern England (CUP 2004) P Sienfield Faultlines Cultural Materialism and the Politics of Dissident Reading (Clarendon Press 2001) M Stolleis The Eye of the Law (Birkbeck Law Press 2009)

41

LAND DEVELOPMENT AND CONSERVATION

Module Convenor Professor William Howarth Spring Term

Module Code LW931 The development of land places considerable stress upon on wildlife conservation natural resources and environmental quality and may infringe common law restrictions upon land use arising in the law of nuisance The land use planning system gives an opportunity for planning authorities to scrutinise the likely environmental and ecological impacts of a development proposal before a development is determined The anticipatory approach to authorisation of developments is taken a step further when a proposed development is likely to have a significant effect upon the environment and where environmental impact assessment (EIA) is required before granting permission for development The methodology of environmental assessment is also applied where strategic environmental assessment (SEA) is required of plans and policies rather than individual developments The need to implement requirements from European Union environmental law with regard to EIA and SEA is of critical importance The conservation and sustainable use of living natural resources is a key element in securing the overarching environmental policy objective of sustainable development Conservation ecological or biodiversity laws provide a special status for wildlife and require the national designation of land for wildlife protection purposes Beyond the national measures for direct protection of wildlife and the protection of ecologically important habitats important obligations from arise from the European Union and global international sources Specifically the EU Wild Birds and Habitats Directives and the Biodiversity Convention are used to illustrate some of the key legal features in regional biodiversity conservation law A concluding discussion examines the international trade dimension of wildlife conservation law and the proper utilisation of natural resources General reading M Stallworthy Sustainability Land Use and the Environment (2002) J Holder amp D McGillivray (eds) Taking Stock of Environmental Assessment Law Policy and Custom (2007) C Reid Nature Conservation Law 3rd ed (2009) M Bowman P Davies amp C Redgwell Lysterrsquos International Wildlife Law (2010)

42

EUROPEAN UNION CITIZENSHIP AND RESIDENCE RIGHTS ndash CLINICAL OPTION

Module Convenor Mr Graham Tegg Autumn Term

Module Code LW932 This module focuses on citizens of the EU and their family members who have chosen to exercise free movement and residence rights and thereby seek to rely on their lsquorightsrsquo as EU citizens in the territory of another Member State Students will investigate the idea of free movement and citizenship of the EU including the foundational rules principles doctrines and their scope through the prism of Clinical Legal Practice The Clinical Option provides an opportunity for students to develop their knowledge of this contested and rapidly developing area of law by conducting under the supervision of a Kent Law Clinic solicitor a lsquorealrsquo case where the law or rules said to derive from EU law are the subject of lsquoliversquo as opposed to lsquoacademicrsquo disputecontestation Each student will be allocated a case where a Clinic client is seeking to rely on free movement or citizenship rights in an appeal against a decision by the Department for Work and Pensions the UK Border Agency or a local authority that she does not have a right to reside in the UK under EU law The module will explore topics such as the legal political social and economic theories of citizenship whether and how EU citizenship either meets or diverges from these theories what legal economic political andor social entitlements flow from EU citizenship and as opposed to freedom of movement the extent to which citizens of the Union use or understand these lsquorightsrsquo the reception and interpretation of EU citizenship and residence rights by the institutions of the EU and the extent to which their reception and interpretation is different or divergent within Member States with a particular emphasis on the UK and its domestic welfare benefit and immigration law as interpreted by in the jurisprudence of UKrsquos tribunal and court system General reading C Barnard amp S Peers (eds) EU Law (OUP 2014) S Carrera amp AF Atger Implementation of Directive 200438 in the context of EU Enlargement A proliferation of different forms of citizenship (Centre for European Policy Studies Special Reports 2009) P Craig amp G De Bύrca EU Law Text Cases and Materials 5th ed (OUP 2011) G De Bύrca (ed) EU Law and the Welfare State (OUP 2005) E Guild S Peers amp J Tomkin The EU Citizenship Directive A Commentary (OUP 2014) J Habermas lsquoCitizenship and National Identityrsquo Annex 2 in Between Facts and Norms (Polity Press 1996) TH Marshall Citizenship and Social Class and Other Essays (CUP 1950)

43

INTELLECTUAL PROPERTY AND INDUSTRIAL PRACTICES

Module Convenor Dr Joseacute Bellido Dr Hyo Kang

Spring Term Module Code LW933 This module studies intellectual property law ldquoin actionrdquo by focusing on distinct commercial and industrial practices in which intellectual property rights are transacted valued evaluated and litigated in specific ways depending on the trade or industry Differently from the other intellectual law courses which study the role of law in the making of a property right this module focuses on what happens with the intellectual property rights after their creation We will study the complex interplay between law commerce culture and communications and identify how these connections make intellectual property licensing and transactions possible Students will examine intellectual property practices in for example newspapers music merchandising and toys tobacco biopharma finance museums universities and knowledge industries to embrace a different way of studying copyright design trade mark and patent rights (please note that the list of topics is indicative and may be subject to change) No prior knowledge or study of intellectual property is required however students may benefit from knowledge gained in the other IP modules which are complementary to this module General reading K Bowrey and M Handler (eds) Law and Creativity in the Age of the Entertainment Franchise (CUP 2014) L Bently J Davis amp J Ginsburg (eds) Trade Marks and Brands An interdisciplinary Critique (CUP 2011) S Frith Music and Copyright (Edinburgh University Press 1995) K Sunder Rajan (ed) Lively Capital Biotechnologies Ethics and Governance in Global Markets (Duke University Press 2012) S Lane Trade mark legislation and the pharmaceutical industry (Office of Health Economics 1999) UN Round Table on Valuation and Capitalization of Intellectual Assets Intellectual Assets Valuation and Capitalization (United Nations 2003)

44

INTELLECTUAL PROPERTY 2 PATENTS AND TRADE MARKS

Module Convenor Dr Hyo Kang Spring Term

Module Code LW934 Patents and trade marks form the bases of much value generated in so-called lsquoinformation societyrsquo or lsquoknowledge economyrsquo But what are they exactly and how and by what criteria are inventions and signs transformed into patents and trade marks The module provides an in-depth introduction to the laws of patents and trade marks (including the law of passing off) Students will gain an understanding of the relevant national European and international legal frameworks of statutes cases and treaties surrounding these areas of intellectual property We will be attentive to the political socio-historical cultural and economic contexts in which these laws operate as well as assess the implications of legal concepts on individual national and international proprietary strategies Combining a nuanced understanding of legal doctrines with broader theoretical frameworks students will develop the ability to evaluate different views on the meaning and function of patent and trade marks on cultural economic and techno-scientific developments No prior knowledge or study of intellectual property is required Please note that this course covers patents and trade markslaw of passing off only LW801 Intellectual Property 1 Copyright Law is offered in the Autumn Term and is complementary to this module General reading L Bently amp B Sherman Intellectual Property Law (OUP 2014) J Davis Intellectual Property Law (OUP 2012) Blackstonersquos Statutes on Intellectual Property (latest edition) L Bently amp J Davis (eds) Trade Marks and Brands An Interdisciplinary Critique (CUP 2008) A Pottage amp B Sherman Figures of Invention A History of Modern Patent Law (OUP 2010)

41

LAND DEVELOPMENT AND CONSERVATION

Module Convenor Professor William Howarth Spring Term

Module Code LW931 The development of land places considerable stress upon on wildlife conservation natural resources and environmental quality and may infringe common law restrictions upon land use arising in the law of nuisance The land use planning system gives an opportunity for planning authorities to scrutinise the likely environmental and ecological impacts of a development proposal before a development is determined The anticipatory approach to authorisation of developments is taken a step further when a proposed development is likely to have a significant effect upon the environment and where environmental impact assessment (EIA) is required before granting permission for development The methodology of environmental assessment is also applied where strategic environmental assessment (SEA) is required of plans and policies rather than individual developments The need to implement requirements from European Union environmental law with regard to EIA and SEA is of critical importance The conservation and sustainable use of living natural resources is a key element in securing the overarching environmental policy objective of sustainable development Conservation ecological or biodiversity laws provide a special status for wildlife and require the national designation of land for wildlife protection purposes Beyond the national measures for direct protection of wildlife and the protection of ecologically important habitats important obligations from arise from the European Union and global international sources Specifically the EU Wild Birds and Habitats Directives and the Biodiversity Convention are used to illustrate some of the key legal features in regional biodiversity conservation law A concluding discussion examines the international trade dimension of wildlife conservation law and the proper utilisation of natural resources General reading M Stallworthy Sustainability Land Use and the Environment (2002) J Holder amp D McGillivray (eds) Taking Stock of Environmental Assessment Law Policy and Custom (2007) C Reid Nature Conservation Law 3rd ed (2009) M Bowman P Davies amp C Redgwell Lysterrsquos International Wildlife Law (2010)

42

EUROPEAN UNION CITIZENSHIP AND RESIDENCE RIGHTS ndash CLINICAL OPTION

Module Convenor Mr Graham Tegg Autumn Term

Module Code LW932 This module focuses on citizens of the EU and their family members who have chosen to exercise free movement and residence rights and thereby seek to rely on their lsquorightsrsquo as EU citizens in the territory of another Member State Students will investigate the idea of free movement and citizenship of the EU including the foundational rules principles doctrines and their scope through the prism of Clinical Legal Practice The Clinical Option provides an opportunity for students to develop their knowledge of this contested and rapidly developing area of law by conducting under the supervision of a Kent Law Clinic solicitor a lsquorealrsquo case where the law or rules said to derive from EU law are the subject of lsquoliversquo as opposed to lsquoacademicrsquo disputecontestation Each student will be allocated a case where a Clinic client is seeking to rely on free movement or citizenship rights in an appeal against a decision by the Department for Work and Pensions the UK Border Agency or a local authority that she does not have a right to reside in the UK under EU law The module will explore topics such as the legal political social and economic theories of citizenship whether and how EU citizenship either meets or diverges from these theories what legal economic political andor social entitlements flow from EU citizenship and as opposed to freedom of movement the extent to which citizens of the Union use or understand these lsquorightsrsquo the reception and interpretation of EU citizenship and residence rights by the institutions of the EU and the extent to which their reception and interpretation is different or divergent within Member States with a particular emphasis on the UK and its domestic welfare benefit and immigration law as interpreted by in the jurisprudence of UKrsquos tribunal and court system General reading C Barnard amp S Peers (eds) EU Law (OUP 2014) S Carrera amp AF Atger Implementation of Directive 200438 in the context of EU Enlargement A proliferation of different forms of citizenship (Centre for European Policy Studies Special Reports 2009) P Craig amp G De Bύrca EU Law Text Cases and Materials 5th ed (OUP 2011) G De Bύrca (ed) EU Law and the Welfare State (OUP 2005) E Guild S Peers amp J Tomkin The EU Citizenship Directive A Commentary (OUP 2014) J Habermas lsquoCitizenship and National Identityrsquo Annex 2 in Between Facts and Norms (Polity Press 1996) TH Marshall Citizenship and Social Class and Other Essays (CUP 1950)

43

INTELLECTUAL PROPERTY AND INDUSTRIAL PRACTICES

Module Convenor Dr Joseacute Bellido Dr Hyo Kang

Spring Term Module Code LW933 This module studies intellectual property law ldquoin actionrdquo by focusing on distinct commercial and industrial practices in which intellectual property rights are transacted valued evaluated and litigated in specific ways depending on the trade or industry Differently from the other intellectual law courses which study the role of law in the making of a property right this module focuses on what happens with the intellectual property rights after their creation We will study the complex interplay between law commerce culture and communications and identify how these connections make intellectual property licensing and transactions possible Students will examine intellectual property practices in for example newspapers music merchandising and toys tobacco biopharma finance museums universities and knowledge industries to embrace a different way of studying copyright design trade mark and patent rights (please note that the list of topics is indicative and may be subject to change) No prior knowledge or study of intellectual property is required however students may benefit from knowledge gained in the other IP modules which are complementary to this module General reading K Bowrey and M Handler (eds) Law and Creativity in the Age of the Entertainment Franchise (CUP 2014) L Bently J Davis amp J Ginsburg (eds) Trade Marks and Brands An interdisciplinary Critique (CUP 2011) S Frith Music and Copyright (Edinburgh University Press 1995) K Sunder Rajan (ed) Lively Capital Biotechnologies Ethics and Governance in Global Markets (Duke University Press 2012) S Lane Trade mark legislation and the pharmaceutical industry (Office of Health Economics 1999) UN Round Table on Valuation and Capitalization of Intellectual Assets Intellectual Assets Valuation and Capitalization (United Nations 2003)

44

INTELLECTUAL PROPERTY 2 PATENTS AND TRADE MARKS

Module Convenor Dr Hyo Kang Spring Term

Module Code LW934 Patents and trade marks form the bases of much value generated in so-called lsquoinformation societyrsquo or lsquoknowledge economyrsquo But what are they exactly and how and by what criteria are inventions and signs transformed into patents and trade marks The module provides an in-depth introduction to the laws of patents and trade marks (including the law of passing off) Students will gain an understanding of the relevant national European and international legal frameworks of statutes cases and treaties surrounding these areas of intellectual property We will be attentive to the political socio-historical cultural and economic contexts in which these laws operate as well as assess the implications of legal concepts on individual national and international proprietary strategies Combining a nuanced understanding of legal doctrines with broader theoretical frameworks students will develop the ability to evaluate different views on the meaning and function of patent and trade marks on cultural economic and techno-scientific developments No prior knowledge or study of intellectual property is required Please note that this course covers patents and trade markslaw of passing off only LW801 Intellectual Property 1 Copyright Law is offered in the Autumn Term and is complementary to this module General reading L Bently amp B Sherman Intellectual Property Law (OUP 2014) J Davis Intellectual Property Law (OUP 2012) Blackstonersquos Statutes on Intellectual Property (latest edition) L Bently amp J Davis (eds) Trade Marks and Brands An Interdisciplinary Critique (CUP 2008) A Pottage amp B Sherman Figures of Invention A History of Modern Patent Law (OUP 2010)

42

EUROPEAN UNION CITIZENSHIP AND RESIDENCE RIGHTS ndash CLINICAL OPTION

Module Convenor Mr Graham Tegg Autumn Term

Module Code LW932 This module focuses on citizens of the EU and their family members who have chosen to exercise free movement and residence rights and thereby seek to rely on their lsquorightsrsquo as EU citizens in the territory of another Member State Students will investigate the idea of free movement and citizenship of the EU including the foundational rules principles doctrines and their scope through the prism of Clinical Legal Practice The Clinical Option provides an opportunity for students to develop their knowledge of this contested and rapidly developing area of law by conducting under the supervision of a Kent Law Clinic solicitor a lsquorealrsquo case where the law or rules said to derive from EU law are the subject of lsquoliversquo as opposed to lsquoacademicrsquo disputecontestation Each student will be allocated a case where a Clinic client is seeking to rely on free movement or citizenship rights in an appeal against a decision by the Department for Work and Pensions the UK Border Agency or a local authority that she does not have a right to reside in the UK under EU law The module will explore topics such as the legal political social and economic theories of citizenship whether and how EU citizenship either meets or diverges from these theories what legal economic political andor social entitlements flow from EU citizenship and as opposed to freedom of movement the extent to which citizens of the Union use or understand these lsquorightsrsquo the reception and interpretation of EU citizenship and residence rights by the institutions of the EU and the extent to which their reception and interpretation is different or divergent within Member States with a particular emphasis on the UK and its domestic welfare benefit and immigration law as interpreted by in the jurisprudence of UKrsquos tribunal and court system General reading C Barnard amp S Peers (eds) EU Law (OUP 2014) S Carrera amp AF Atger Implementation of Directive 200438 in the context of EU Enlargement A proliferation of different forms of citizenship (Centre for European Policy Studies Special Reports 2009) P Craig amp G De Bύrca EU Law Text Cases and Materials 5th ed (OUP 2011) G De Bύrca (ed) EU Law and the Welfare State (OUP 2005) E Guild S Peers amp J Tomkin The EU Citizenship Directive A Commentary (OUP 2014) J Habermas lsquoCitizenship and National Identityrsquo Annex 2 in Between Facts and Norms (Polity Press 1996) TH Marshall Citizenship and Social Class and Other Essays (CUP 1950)

43

INTELLECTUAL PROPERTY AND INDUSTRIAL PRACTICES

Module Convenor Dr Joseacute Bellido Dr Hyo Kang

Spring Term Module Code LW933 This module studies intellectual property law ldquoin actionrdquo by focusing on distinct commercial and industrial practices in which intellectual property rights are transacted valued evaluated and litigated in specific ways depending on the trade or industry Differently from the other intellectual law courses which study the role of law in the making of a property right this module focuses on what happens with the intellectual property rights after their creation We will study the complex interplay between law commerce culture and communications and identify how these connections make intellectual property licensing and transactions possible Students will examine intellectual property practices in for example newspapers music merchandising and toys tobacco biopharma finance museums universities and knowledge industries to embrace a different way of studying copyright design trade mark and patent rights (please note that the list of topics is indicative and may be subject to change) No prior knowledge or study of intellectual property is required however students may benefit from knowledge gained in the other IP modules which are complementary to this module General reading K Bowrey and M Handler (eds) Law and Creativity in the Age of the Entertainment Franchise (CUP 2014) L Bently J Davis amp J Ginsburg (eds) Trade Marks and Brands An interdisciplinary Critique (CUP 2011) S Frith Music and Copyright (Edinburgh University Press 1995) K Sunder Rajan (ed) Lively Capital Biotechnologies Ethics and Governance in Global Markets (Duke University Press 2012) S Lane Trade mark legislation and the pharmaceutical industry (Office of Health Economics 1999) UN Round Table on Valuation and Capitalization of Intellectual Assets Intellectual Assets Valuation and Capitalization (United Nations 2003)

44

INTELLECTUAL PROPERTY 2 PATENTS AND TRADE MARKS

Module Convenor Dr Hyo Kang Spring Term

Module Code LW934 Patents and trade marks form the bases of much value generated in so-called lsquoinformation societyrsquo or lsquoknowledge economyrsquo But what are they exactly and how and by what criteria are inventions and signs transformed into patents and trade marks The module provides an in-depth introduction to the laws of patents and trade marks (including the law of passing off) Students will gain an understanding of the relevant national European and international legal frameworks of statutes cases and treaties surrounding these areas of intellectual property We will be attentive to the political socio-historical cultural and economic contexts in which these laws operate as well as assess the implications of legal concepts on individual national and international proprietary strategies Combining a nuanced understanding of legal doctrines with broader theoretical frameworks students will develop the ability to evaluate different views on the meaning and function of patent and trade marks on cultural economic and techno-scientific developments No prior knowledge or study of intellectual property is required Please note that this course covers patents and trade markslaw of passing off only LW801 Intellectual Property 1 Copyright Law is offered in the Autumn Term and is complementary to this module General reading L Bently amp B Sherman Intellectual Property Law (OUP 2014) J Davis Intellectual Property Law (OUP 2012) Blackstonersquos Statutes on Intellectual Property (latest edition) L Bently amp J Davis (eds) Trade Marks and Brands An Interdisciplinary Critique (CUP 2008) A Pottage amp B Sherman Figures of Invention A History of Modern Patent Law (OUP 2010)

43

INTELLECTUAL PROPERTY AND INDUSTRIAL PRACTICES

Module Convenor Dr Joseacute Bellido Dr Hyo Kang

Spring Term Module Code LW933 This module studies intellectual property law ldquoin actionrdquo by focusing on distinct commercial and industrial practices in which intellectual property rights are transacted valued evaluated and litigated in specific ways depending on the trade or industry Differently from the other intellectual law courses which study the role of law in the making of a property right this module focuses on what happens with the intellectual property rights after their creation We will study the complex interplay between law commerce culture and communications and identify how these connections make intellectual property licensing and transactions possible Students will examine intellectual property practices in for example newspapers music merchandising and toys tobacco biopharma finance museums universities and knowledge industries to embrace a different way of studying copyright design trade mark and patent rights (please note that the list of topics is indicative and may be subject to change) No prior knowledge or study of intellectual property is required however students may benefit from knowledge gained in the other IP modules which are complementary to this module General reading K Bowrey and M Handler (eds) Law and Creativity in the Age of the Entertainment Franchise (CUP 2014) L Bently J Davis amp J Ginsburg (eds) Trade Marks and Brands An interdisciplinary Critique (CUP 2011) S Frith Music and Copyright (Edinburgh University Press 1995) K Sunder Rajan (ed) Lively Capital Biotechnologies Ethics and Governance in Global Markets (Duke University Press 2012) S Lane Trade mark legislation and the pharmaceutical industry (Office of Health Economics 1999) UN Round Table on Valuation and Capitalization of Intellectual Assets Intellectual Assets Valuation and Capitalization (United Nations 2003)

44

INTELLECTUAL PROPERTY 2 PATENTS AND TRADE MARKS

Module Convenor Dr Hyo Kang Spring Term

Module Code LW934 Patents and trade marks form the bases of much value generated in so-called lsquoinformation societyrsquo or lsquoknowledge economyrsquo But what are they exactly and how and by what criteria are inventions and signs transformed into patents and trade marks The module provides an in-depth introduction to the laws of patents and trade marks (including the law of passing off) Students will gain an understanding of the relevant national European and international legal frameworks of statutes cases and treaties surrounding these areas of intellectual property We will be attentive to the political socio-historical cultural and economic contexts in which these laws operate as well as assess the implications of legal concepts on individual national and international proprietary strategies Combining a nuanced understanding of legal doctrines with broader theoretical frameworks students will develop the ability to evaluate different views on the meaning and function of patent and trade marks on cultural economic and techno-scientific developments No prior knowledge or study of intellectual property is required Please note that this course covers patents and trade markslaw of passing off only LW801 Intellectual Property 1 Copyright Law is offered in the Autumn Term and is complementary to this module General reading L Bently amp B Sherman Intellectual Property Law (OUP 2014) J Davis Intellectual Property Law (OUP 2012) Blackstonersquos Statutes on Intellectual Property (latest edition) L Bently amp J Davis (eds) Trade Marks and Brands An Interdisciplinary Critique (CUP 2008) A Pottage amp B Sherman Figures of Invention A History of Modern Patent Law (OUP 2010)

44

INTELLECTUAL PROPERTY 2 PATENTS AND TRADE MARKS

Module Convenor Dr Hyo Kang Spring Term

Module Code LW934 Patents and trade marks form the bases of much value generated in so-called lsquoinformation societyrsquo or lsquoknowledge economyrsquo But what are they exactly and how and by what criteria are inventions and signs transformed into patents and trade marks The module provides an in-depth introduction to the laws of patents and trade marks (including the law of passing off) Students will gain an understanding of the relevant national European and international legal frameworks of statutes cases and treaties surrounding these areas of intellectual property We will be attentive to the political socio-historical cultural and economic contexts in which these laws operate as well as assess the implications of legal concepts on individual national and international proprietary strategies Combining a nuanced understanding of legal doctrines with broader theoretical frameworks students will develop the ability to evaluate different views on the meaning and function of patent and trade marks on cultural economic and techno-scientific developments No prior knowledge or study of intellectual property is required Please note that this course covers patents and trade markslaw of passing off only LW801 Intellectual Property 1 Copyright Law is offered in the Autumn Term and is complementary to this module General reading L Bently amp B Sherman Intellectual Property Law (OUP 2014) J Davis Intellectual Property Law (OUP 2012) Blackstonersquos Statutes on Intellectual Property (latest edition) L Bently amp J Davis (eds) Trade Marks and Brands An Interdisciplinary Critique (CUP 2008) A Pottage amp B Sherman Figures of Invention A History of Modern Patent Law (OUP 2010)