International Corporate and Commercial Law LLM

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.

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 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.

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.

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.

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.