International Corporate and Commercial Law LLM

In this module, you will explore the different rules, policies and controls put in place to determine the behaviour, objectives and policies of international corporations, and the internal and external controls over corporate activities by cultural, legal and political institutions. You will also analyse the different theories, models and pillars of corporate governance, harmonisation of corporate governance codes and the future of global corporate governance. You will analyse the role of key members of corporations - the company secretary and the board of directors- and the relationship between the board of directors and its shareholders, and important obligations of disclosure and accountability for corporate managers. The module will expose you to the practical contexts of corporate management in the global economy and transnational corporate influence on global environmental, social and economic goals. The module will utilise real-life case studies of major transnational corporations, their internal corporate structures and the international legal regulation of their activities, objectives and impacts.

The LLM Dissertation will enable you to explore the field of International Corporate and Commercial Law, deepening your understanding of current problems and exploring new insights in the field. By applying legal research skills and methods acquired during the course of the LLM, you will be able identify and define theoretical concepts, principles and rules relevant to your area of research and the broader social, political, environmental or economic context in which the law operates. You will be expected to select and research an area of law specifically related to International Corporate and Commercial Law. The work undertaken must demonstrate appropriate design, methods and techniques along with interpretation and evaluation of the findings reported to a high professional standard and also within a defined word limit. Your project will be either a literature review of a focused topic using a systematic approach or an empirical study that draws on and makes a contribution to knowledge.

International Law is one of the most vibrant, interesting, and topical fields of study influencing personal, national and global perspectives on how the world works. In this module, you will study where International Law has come from, why the law is constructed the way it is and the rules around how states should engage with each other. Essential to how International Law operates in the Twenty-first Century are questions of power, politics and dominance and the ideological separation of the global North and South and of the East and West. Along with the foundational doctrines in International Law, you will examine how peoples can self-determine, how states are formed and when states can use force against other states or individuals, as well as learning about landmark international court cases and their outcomes and effects in today’s world.

This module is designed to critically analyse the various legal perspectives to the global climate change problem and its regulation at the national and international levels. You will study the legal and institutional regulation of climate change mitigation and adaptation, judicial approach to climate change through climate litigation, and the impact of climate change on other important areas of law such as human rights under international law. You will also explore the role of corporations in climate change mitigation, climate financing of mitigation projects and regulatory frameworks for climate change mitigation including market regulation through the emissions trading scheme. The module will conduct an in-depth analysis of key international legal instruments on climate change focusing on the UN Climate Change Framework Convention of 1992, the Kyoto Protocol and the Paris Agreement 2015; and selected national legislation on climate change focusing on the UK Climate Change Act and the climate change regime in the EU. The module will expose you to contemporary discussions on the global climate change problem and innovative perspectives and solutions.

Commercial transactions are complex in their nature and stretch beyond the national borders. Since the emergence of disputes from these transactions is normal, the stakeholders rely on arbitration to decide these disputes conclusively and this is due to so many very obvious reasons including, skilled and neutral arbitrator, flexible and speedy procedure, privacy and confidentiality, and enforcement of arbitrator’s decision worldwide due to the New York Convention. London is one the most popular seats of arbitration which hosts a large number of arbitrations and its courts entertain a good deal of foreign awards for enforcement. In this module, you will be introduced to all the major legal issues pertaining to arbitration agreement, arbitrator, arbitral procedure and arbitral award which London seated arbitral tribunal and the English courts face. To that end, you will explore the relevant provisions of English Arbitration Act 1996 along with UNCITRAL Model Law and the New York Convention which have made a great impact on the Arbitration Act 1996. Furthermore, you will also evaluate the ICSID regime for the resolution of investment disputes arising between a state and foreign investor.

In this module you will explore key legal mechanisms which protect the results of intellectual endeavour through patents, trademarks and copyrights in the context of modern technology. The focus is upon how regional (EU) and national (UK) law regulating territorial rights comply with a global framework of governance and respond to competitive trading practices in global markets. Major themes underpinning legal rights are the basis for critically analysis (such as: property theory; commercial and philosophical justifications; and regulatory theories such as ‘nudge’) and you are encouraged to contextualise the law to consider evolving trends in regulation and the scope for legal reform.

In this module you will study aspects of the regulatory and institutional framework governing international banking and finance. The syllabus will encompass the main areas of the international financial system such as banking, capital markets and stock markets. This module is designed to provide students with a broad but exhaustive understanding of the legal framework (both common law and civil law) governing international banking and securities law, as well as considering related legal issues in international, EU and UK banking. The following economic themes will underpin the syllabus for this module: financial markets; banking and financial institutions; financial transactions; and governance of the banking and financial institutions. You will also be able to reflect on the problems and challenges posed by international money laundering and other cross-border financial crimes to the integrity of the international financial system, and the regulatory responses of international anti-money laundering regimes.

In this module, you will study the requirements of just societies and the ability of the law to achieve greater equality. You will not only analyse the legal framework of non-discrimination, both nationally and internationally, but also its strengths and weaknesses as well as the different approaches to the principle of equality itself (i.e. formal, substantive and transformative). You will also explore how gender, race, disability and so on interact with law, whether alone or in intersection. You will furthermore engage with contemporary debates, including the disruptive effects of Covid 19 pandemic, and evaluate the impact of globalisation on economic inequalities as well as the limits of what the law can offer in this regard.

In this module you will examine the legal framework which governs international business transactions. The syllabus will be divided into two main parts: the law applicable to the international sales; and the law which governs the international carriage of goods, with particular emphasis on the international carriage of goods by sea. You will have the opportunity to evaluate the historical development and evolution of the legal principles which govern international business transactions through time, from the law merchant to special trade terms. You will also be able to reflect on the transition from common law governance to the modern era of codification, as well as the impact of new technologies and globalisation on the current legal framework governing international business transactions.

The effective management and regulation of the use and consumption of environmental goods and natural resources is a global concern as it is vital to sustainable development and energy justice. In this module, you will critically examine the various legal perspectives of environmental law, natural resources management, energy transitions, net-zero goals and sustainability issues at the domestic, regional and international levels. You will analyse key legal concepts in environmental law, discuss essential elements of environmental protection and sustainable development and consider important issues in global environmental law and regulation. You will also study the concept of environmental rights, the constitutionalisation of environmental rights and the global adoption of environmental rights protection. Lastly, you will examine key stakeholders in environmental protection including the judiciary and corporations and will discuss transnational environmental litigation, its impact on environmental protection and the role of corporations in promoting environmental goals through inclusive capitalism.

International criminal law is a relatively new and dynamic area of law. The governance of international criminal law is complex, involving the interaction of global and regional bodies in an effort to hold individuals accountable for global atrocities. In this module you will examine the foundations of international criminal law and how it is prosecuted, exploring the relationship between the International Criminal Court and national criminal courts. You will consider a number of specific international crimes such as genocide and war crimes. You will also evaluate international punishments, such as the use of the death penalty, as well as defences to international crimes. You will explore the challenges of international criminal law, and how this area of law may continue to evolve and develop in the future.

In this module, you will learn about the development of the World Trade Organisation (WTO) in world trade, its remit and how it operates procedurally, further understanding its notable successes and failures as well as criticisms of the WTO. The module will equip you with an understanding of the concepts behind the WTO and the opportunity to critically analyse the effectiveness of the WTO and the law governing international trade agreements. You will gain an in-depth knowledge of world trade through the agreements and procedures of the WTO.

In this module, you will gain the essential knowledge and critical understanding of the rules, principles and norms which underpin insolvency proceedings taking place in multiple countries. You will learn the general principles of cross-border insolvency law, including the underlying concepts of universalism, territorialism and ‘centre of main interest’. You will also analyse European Insolvency Regulation as well as UNCITRAL Module Law on cross-border insolvency and their implementation in different countries.

In this module you will examine the theoretical paradigms, concepts, and models of corporate social responsibility (CSR) as a major mechanism for businesses and its challenges for business law and practice. Within the context of social, labour and environmental impact of corporate activities in domestic and international environments, the course will investigate the role of CSR as a business policy, the corporate objective, accountability, and the legal frameworks in human rights protection. You will examine the function and obligation of the corporation from broad perspectives beyond the traditional paradigm of enlightened shareholder primacy, to furthering human rights and social benefits.

In this module you will examine the international law which underpins the global governance of refugees and others who are forced to migrate away from their country of nationality or place of usual residence. You will begin with study of the Refugee Convention 1951 before considering the protection gaps in the Convention, and the attempts to fill these on national, regional, and international levels.

Renewable energy covers a vast array of systems, policies, projects and mechanisms geared towards achieving a sustainable energy sector that satisfies global energy needs while promoting climate change goals. You will study the legal framework and policies for achieving the energy transition towards a net-zero economy. Further, issues relating to sustainability and the currenty energy transition will be addressed. You will also learn the various types of renewable energy. In this module you will critically analyse the various legal mechanisms, systems and policies for the decarbonisation of energy systems and renewable energy legal frameworks at the domestic and international levels towards globalising sustainable energy policies. The module further analyses the legal framework for renewable energy and regulatory issues in net-zero targets, carbon storage, pricing and sustainable energy projects including Nuclear power. In line with the Paris Agreement, and the energy transition from fossil fuels to renewable energy you will also learn about ‘Just Transition’ and the financial implication of the present energy transition. In addition, you will look at the critical legal issues in funding the renewable energy transition; ascertaining beneficiaries of the renewable energy economy and procedural issues in decision-making in renewable energy.

This module offers you the opportunity to acquire knowledge and understanding of legal and regulatory framework governing transnational oil and gas exploration and production ventures. As part of the syllabus, you will study the historical background to the development of the international petroleum industry, and the role and function of legal concepts in regulating the contractual relationship between multinational petroleum enterprises and host states with reference to licensing, leases, titles, and ownership rights. The evolution of oil and gas contracts from traditional concession agreements to present-day service contracts will be examined. You will gain a comprehensive understanding of the legal character of international oil and gas exploration covering the three sectors of the oil and gas production chain (upstream, midstream, and downstream). You will also be able to critically reflect on the contemporary problems of the oil and gas industry, together with the controversies surrounding investment arbitration as a mechanism for the resolution of international petroleum investment disputes.

New emerging global powers and the changing landscape of armed conflict present new and complex challenges to the customary nature of international humanitarian law and its protection framework. Rules that were designed to protect vulnerable groups not taking part in hostilities, as well as defining combatants and non-combatants have become stretched and challenged. Building on the foundational principles laid down in the Geneva Conventions, you will learn about the laws of war and the use of force between states as well as non-state actors, the implementation of international humanitarian law and consider the essential questions around belligerent occupation.

Based on the near universal ratification of the UN Convention on the Rights of the Child, international children’s rights law has changed the landscape globally as regards the position of children in society and in the family. A growing scholarship on diverse areas of specialisation within the broad remit of children’s rights now exists, in fields as specialised as juvenile justice, child protection, children’s rights in the digital era, and children’s rights and climate change. The field intersects with international criminal law (children as victims and offenders at the ICC), humanitarian law (children and migration), and the International Labour system (child labour and business principles and children’s rights). There is hence considerable scope for developing a module with substantial international focus on these themes.