Commercial and Corporate Law LLM

Queen Mary University of London

This module examines the law and regulation of conduct of business/market conduct aspects of financial intermediation seeing from the angle of investor protection in primary and secondary capital markets. It covers a wide range of issues including the reform of the regulation of financial intermediation in the aftermath of the 2008 credit crisis, mandatory disclosure and transparency requirements for securities trading, conduct of business rules, financial mis-selling, market abuse, the regulation of credit rating agencies, hedge funds regulation, and the regulation of financial resilience. The module covers policy issues, statutory materials and case law. UK regulation is examined within the context of EU law and regulation. Where appropriate specific themes are discussed with reference to international harmonization initiatives and/or comparative analysis with parallel developments in the US. The module also places emphasis on the practical problems, which arise in capital markets and consider ways in which these may be addressed in the future.

The module provides an overview of monetary and financial regulation drawing on a comparative study of the law in relevant financial centres in the US, UK, EU and Japan as well as on the increasing corpus of international financial ?soft law? (such as the Basel capital rules) and considers the dynamics of financial regulation in emerging economies. The module goes beyond the description of the black letter law and explains the underlying economic and political forces which bring that law into being, analysing the interaction between law and finance. Focus is on regulatory issues, and not on contractual or transactional aspects.

The purpose of the course is to examine the principal markets and main professional documentation used in the international finance and capital markets. International finance markets are key drivers in national and international economies and the new global economy. The City of London remains one of the key financial centres in the world for all of these markets and activities. This course examines the nature, function, structure, operation and importance of all of the key financial markets involved. This is essentially a private law, contract or transactional and documentation course which provides professional preparation in designing, structuring and executing all of the principal separate financial contracts involved.

The purpose of the course is to examine the principal markets and main professional documentation used in more specialist international finance and capital markets. International finance markets are key drivers in national and international economies and the new global economy. The City of London remains one of the key financial centres in the world for all of these markets and activities. The course examines the nature, function, structure, operation and importance of all of the key financial markets involved. This is essentially a private law, contract or transactional and documentation course which provides professional preparation in designing, structuring and executing all of the principal separate financial contracts involved. The course can be taken with International Finance Law or as a free standing module.

The purpose of the course is to examine the nature and content of banking law and regulation at the international, European and UK levels with reference to US law as well. Banking markets are key drivers in any national, regional or global economy with banks carrying out a number of essential services without which no economy could operate. Banking markets are nevertheless unstable and prone to significant crisis and collapse which was confirmed by the severity and damaging impact of the recent financial crises in global, European and national financial markets. Many difficult problems still arise with regard to the causes of the crises and most appropriate responses going forward. All of the relevant issues that arise in this exciting area are examined in this course.

The purpose of the course is to examine the nature and content of private banking law at the UK, European and international levels. Banking Law is concerned with the private law aspects of banks and banking including both Commercial Banking and Investment Banking. Banks are among the most important financial institutions within any economy, nationally and internationally, and the City of London is one of the foremost financial centres of the world. This module examines all aspects of the law governing the structure, operation and function of banks and banking markets from a UK as well as European and international perspective. The course is essentially private law based although it also examines recent areas of significant law reform especially following the recent financial crises in banking markets.

This module is a corporate law and financial regulation module analyzing transactions using sophisticated methodologies. The module will focus on issues such as: due diligence, purchase sale agreements and contractual governance; the role of the board of directors in an acquisition/financing transaction; the permissibility and regulation of takeover defenses in the UK, the US and the EU; the protection of minority shareholders in common law and civil law jurisdictions; the protection of other constituencies such as employees affected by control transactions; and financial assistance regulation in the UK, US and the EU. The course is strongly committed to presenting a global and comparative perspective highlighting the contemporary principles and trends of corporate finance rather than the pointillist and ephemeral details of national rule books.

The module provides students with a broad understanding of the importance of conducting business activities (both financial and non-financial) with fairness and integrity and how this is reflected in EU and UK law and supervisory powers. By making reference to real case studies, the module investigates the legal framework pertaining to bribes, market manipulation, and other malpractices and critically analyses its effectiveness taking also into account the deterrence effect, or lack thereof, of the sanctioning and prosecution regime. It then covers corporate social responsibility and sustainable/responsible investment to analyse if and how this can nudge change. The module will also touch upon the efficacy of the organizational requirements companies are obliged to have in place to prevent unethical conduct from happening and/or spreading.

The module covers the various procedures available in financial distress scenarios aiming at restoring viability and overcoming the excessive burden of debt. The module will address these issues from the perspective of banks/financial conglomerates. The course will have a transactional focus with actual case studies and will also analyse general principles of international financing techniques.

The module covers the various procedures available in financial distress scenarios aiming at restoring viability and overcoming the excessive burden of debt. The module will address these issues from the perspective of sovereign states. The course will have a transactional focus with actual case studies and will also analyse general principles of international financing techniques.

The module covers the various procedures available in cases of reorganization and insolvency of corporations; the relationship between the general law of property, obligations and insolvency; and, the law of credit and security issues in the context of distress scenarios. The module will have a transactional focus with actual case studies and will also analyse general principles of international financing techniques.

Regulation covers virtually all significant aspects of modern life. It is here to stay but it remains as controversial as ever. This is an advanced foundational course on regulation. The module examines problems that are common to the regulation of a wide range of industries and fields and considers how these problems are (or fail to be) treated. In particular, the module considers the nature of regulation and its relationship with law, economics and politics, the regulation of risk, standard setting, compliance and enforcement strategies, the issues of accountability and legitimacy and the rise of multi-level governance and transnational regulation. Being ?problem-solving sensitive? but 'industry neutral', this module is an ideal complement to more narrowly-focused modules irrespective of choice of LLM Specialism.

The module covers the fundamental characteristics of international contracts for the sale of goods and to a lesser extent, the key ancillary contracts for the financing of trading activities, transportation of goods to their place of destination and insurance of the cargo. When traders sell or buy goods or commodities on the international markets, that transaction is composed of several contracts: the goods are sold under a contract of sale, transported under a contract of carriage, insured under a contract of insurance and frequently have payment assured through a letter of credit. The purpose of this module is to examine primarily the regulation of the sale contract under CISG, English Sales law and other international law instruments and standards. The regulation of peripheral contracts to the contract of sale will be examined too but in less detail as this is now considered in depth by more focused specific modules (e.g., on the shipping of goods, marine insurance etc). The module will also place emphasis on the practical problems, which arise in the international commercial arena and consider ways in which these may be addressed in the future.

The module aims to inform and educate students as to the field of law that governs UK corporations. The course is a UK focused Company law course covering: Meaning of Corporate Personality and distinction between incorporated and unincorporated associations. The nature, types and functions of companies. Historical development of the modern business company. The consequences of incorporation and its practical advantages and disadvantages. The corporate entity principle and exceptions to it. The ultra vires doctrine and the Articles of Association. The company's organs and agents and the liability of the company for their acts. Formation and flotation of companies. The module also aims to highlight future directions and trends in the regulation of companies.

The module aims to inform and educate students as to the field of law that governs UK corporations. The course is a UK focused Company law course covering: Minority protection. Capital, The duties of directors and of the controlling majority and the enforcement of these duties. Shareholder Remedies and Liquidation of companies. The module also aims to highlight future directions and trends in the regulation of companies.

The module will inform and educate students as to the issues affecting both the business community and the wider societal effects of the debate on corporate governance. As such the module will focus on the systems by which companies are or should be directed and controlled, particular emphasis will be given to: the legal and extra-legal rules/systems governing internal corporate accountability and the legal and extra-legal rules/systems governing the corporations accountability to the external world. As such students will gain an enhanced knowledge of the issues surrounding various corporate governance theories that seek to explain the position of, and relationship between, the company as a metaphysical entity and its members, managers and other interested constituencies (i.e.?stakeholders?) and the different theoretical and industry perspectives on corporate governance. The concept of shareholder primacy will be critically examined and contrasted with alternative approaches. The module also aims to highlight future directions and trends in corporate governance.

The module aims to inform and educate students as to the issues affecting both the business community and the wider societal effects of the debate on corporate governance. As such the module will focus on the systems by which companies are or should be directed and controlled, particular emphasis will be given to: self regulatory systems and their provenance, the UK Corporate Governance and associated Codes, Hostile Takeovers, and Case studies of extreme Corporate Governance failure eg. Enron and The financial crisis 2008 onwards. As such students will have an enhanced knowledge of the issues surrounding various corporate governance industry and state regulatory perspectives on corporate governance. The module also aims to highlight future directions and trends in corporate governance.

This optional module aims at offering a thorough analysis of French, German and English contract law from a comparative perspective. After an overview of the worldwide strong position of English, French and German private law, and most notably contract law, their historical roots will be analysed, including their mutual influence. Core concepts in the different legal systems will be discussed (cause/consideration; implied terms/moral principles; objective/subjective interpretation; etc.) and the more practically oriented English approach as opposed to the use of general principles on the continent (reasonablenes, good faith, fairness, equilibrium, protection of the weaker party). Also the influence of EU law will be discussed.

Animal Law and Welfare is of considerable and growing importance, particularly in the areas of trade and development, access and equality, welfare and criminal liability, public liability, and health. This module brings together interdisciplinary perspectives from behaviour studies, welfare, economics, and law in order to consider a range of issues in domestic animal welfare, including companion animal law and welfare, ownership and liability, shelters and rescue, breeding industries and the commercial pet industry, farm animal welfare and trade, science and research. The course develops an evidence-based approach to legislative practice, policy and development.

This module brings together an interdisciplinary perspective on behaviour science, welfare, economics, and law in order to introduce students to a range of legal and welfare issues arising through the use of animals in media, culture and entertainment. The module will deal with both domesticated and wild animals, considering animals in film and television, advertising, fashion, zoos and conservation, circuses, and sport. Students will also explore a range of critical questions and specific episodes on animals and creativity, including the animal as performer and the animal as author, analysing the significance for sentience and welfare, and gaining important insight into creativity and intentionality in other areas of the law (including intellectual property).

The central question this second module discusses is the application and implication of Transnational law, its formation, supervision, and enforcement process in the context of the transnational business community and globalised markets. This module will take a series of case studies from different areas of law to provide examples of how governance can be conducted in a globalised world. The focus will be on the role and functioning of transnational law in a globalised world. Guest lecturers will be invited to talk about the impact of globalisation on their specialism and a Transnational Law solution.

The central question which this module will address is how Transnational law impacts on the future of law-making, supervision and enforcement of rules in a globalised world of transnational business and markets. Globalisation and polycentrality are phenomena that influence every aspect of the world society and challenge the efficiency and validity centralized law-making by the states. In a globalised world where business is mostly done at transnational level coupled with the pace that both economic and technology change, traditional national law-making is proving ineffective and as a result we have witnessed alternatives appearing, including from regional and international organisations but also from private transnational market actors too. The law has emerged from its national setting and presents itself as transnational which has important ramifications for policy making. A weekly topical issue related to Transnational Law will be discussed in depth. The discussions are based on readings and will follow a presentation of the readings. Potential issues which could be covered include: Is Transnational Law, Law?; The World Justice Forum Index; the Cape Town Convention; Climate Change as a Transnational Legal Order; private law-making in the diamond trade and financial markets; and Transnational lawyering.

Getting to Know MNEs: The Business and Legal Organisation of MNEs I: Major Trends in Business Organisation; The Business and Legal Organisation of MNEs II: Major Trends in Legal Structures and Organisation; Regulating MNEs; Jurisdictional Limits of National Law and the Regulation of MNEs; Control over Entry and Establishment of MNEs; Liberalisation of Entry and Establishment; Taxation; Regulation through Company Law I: Group Liability, Network Liability and Directors Duties; and Regulation through Company Law II: Corporate Governance and Disclosure.

This module is concerned with the legal framework for cross-border trade in the European Union. The module provides an in-depth study of the economic and commercial aspects of the 'four freedoms' (free movement of goods, services, establishment and capital) in the EU single market and discusses the various approaches to regulating the single market adopted by EU institutions.

In an era of globalisation English contract law governs many international transactions between commercial parties and is essential to energy, shipping, commodities and the construction industry. This course will introduce students to the making, breaking, interpreting and disputing of contracts. It covers a range of subjects including contract interpretation, frustration, breach, termination, misrepresentation and fraud, and some of the special problems of insurance, shipping, and sale of goods law. It will also provide them with insights into the procedural aspects of commercial law; and into the different ways in which good faith may be approached in the common and civil law. In doing so, we consider typical problems concerning contract law, private and public international law, and procedure, which are encountered by commercial lawyers in negotiation, litigation, arbitration and mediation. Do you interpret contracts as a literalist goat or as a purposive sheep? When does a breach of contract destroy a contract? What are the modes and dangers of terminating a significant contract? What is the role of an ?international commercial court?? What is the role of private and public international law in commercial law? How does ?good faith? differ in the common and civil law? Would you advise a client to arbitrate or litigate or mediate? It will give students and practitioners the ability to answer these questions and apply contract law to complex commercial disputes. It will teach them to be lawyers in business and pragmatists in law.

This module provides the students with effective decision analysis skills, coupled with comprehensive theoretical background in the fields of decision making, game theory, and contracting theory to provide the theoretical context for applied decision analysis in a legal context. Aspects of various decision-making theories will be examined which may include: (1) Decision Analysis involving independent decision-making under uncertainty. This may include basic probabilistic modelling, decision tree construction and rollback, assessment of probabilities and ranges, sensitivity analysis, analysis of risk profiles and risk-attitudes, and application of decision analysis to litigation. (2) Game Theory involving interdependent decision-making under certainty and uncertainty. This may include consideration of relevant case studies, sequential and simultaneous games, common cooperative and noncooperative games, dominant strategy, iterated dominance and Nash equilibria, information asymmetry, Akerlof?s adverse selection and moral hazard, and specific application of game theory in the legal setting. (3) Contracting Theory involving function of contracts and key elements of effective agreements. This may include risk allocation and incentive analysis, value creation in legal work, impact of strategic considerations and information asymmetry, probabilistic analysis of zone of possible settlement in litigation, and analysis of common contracts such as construction and production contracts, principal-agent contracts, sale and lease of property contracts, financing contracts and joint venture agreements. (4) Decision-Making Irrationality involving various aspects of bounded rationality and judgmental heuristics, information availability driven biases, anchoring, judgmental overconfidence, and instances of bounded awareness in strategic settings (inattention and change blindness, winner?s curse in negotiation and in auctions).

The module will seek to provide an understanding of the various dispute resolution processes available to parties in dispute, and to understand the necessity of considering the process which best suits the dispute. The module will cover such topics as the nature of conflict, the emergence of disputes, the history of the ADR movement with its attendant debate between informalism and formalism, the adjudication process, the nature of negotiation and their strategies, the mediation process and approaches, the continuum of dispute resolution processes, the relationship between ADR and institutes such as courts, the English Courts and within the EU. ADR is a vibrant area of scholarship; it is impossible to give ?yes? or ?no? answers to most of the issues arising in scholarship. Therefore the module will employ a critical thinking and open discussion approach. It is expected that students will be willing to share the results of their analysis, research and supported opinions,and be involved in active discussion of all issues.

This module seeks to explore specialised issues arising in dispute resolution processes that are alternative to conventional forms of adjudication. The module will examine selected issues in ADR and may include issues dealing with confidentiality and enforcement, issues of globalization and transplantation of ADR systems, ethics and morality in ADR, special areas of ADR application (for example, on-line dispute resolution), role of lawyers, the professionalisation of ADR, system design, for example. ADR is a vibrant area of scholarship; it is impossible to give ?yes? or ?no? answers to most of the issues arising in scholarship. Therefore the module will employ a critical thinking and open discussion approach. It is expected that students will be willing to share the results of their analysis, research and supported opinions, and be involved in active discussion of all issues.

The module examines matters relevant to the resolution of all commercial transactions before national courts. It looks into general principles of International Commercial Litigation and Private International Law, and focuses in particular on issues related to Jurisdiction of National Courts, Conflicts between Jurisdiction of National Courts and International Tribunals and Recognition and Enforcement of National Judgments. The approach taken is international and comparative, although particular emphasis is given on the European regime and legal framework. Thus, sources relevant to the course include the EC 44/2001 Regulation on Jurisdiction and the Recognition and Enforcement of Judgments

Parties, attorneys, and arbitrators come to international arbitral proceedings different jurisdictions and with often distinctive legal cultures and ethical assumptions. As a result, many ambiguities exist about what rules apply to their professional conduct and often parties and counsel from different jurisdictions effectively play by different ethical rules. This module, which is to be offered as an option at the Centre for Commercial Law Studies, will address these issues.

The Module EU Competition Law (along with the co-requisite Module EU Competition Law 463) aims at a comprehensive study of the basic provisions of European Union (EU) competition law. The Module will provide participants with a flavour of the economic and market context in which EU competition law, especially Article 102 of the Treaty on the Functioning of the European Union (TFEU) and EU Merger Regulation 139/2004 are applied. The Module will aim to consider an important business phenomena in the market namely abusive dominance and mergers. It is hoped that by the end of the Module participants will gain a solid understanding of the relevant competition rules of the EU whilst developing a good business and market perspective and practical approach in order to help them identify situations in which such phenomena may arise and how should these phenomena be addressed. EU competition law is based on the rules contained in Articles 101-109 of the Treaty on The Functioning of the European Union (TFEU) and upon subsequent secondary legislation. The focus of the Module will be however on Article 102 TFEU and Regulation 139/2004. The Module will however consider where relevant and appropriate other provisions of EU competition law, especially Article 101 TFEU.

Within the field of competition law, merger control has attracted special attention. The reason for this attention can be found in the special nature of mergers as a business phenomenon, especially when compared with other business phenomena, such as abuse of dominance by firms or cartel activities. The process of relentless globalisation which has been developing since the 1990s has meant that merger operations can produce an effect on the conditions of competition in more than one jurisdiction. This means that, quite inevitably, regulatory approval in more than one jurisdiction may need to be sought. Such a consequence ? as is widely accepted ? can give rise to uncertainty for the firms concerned and cause huge expense and significant delay. Those who are involved in advising business firms in a merger situation are also not immune from the uncertainty when merger operations have to be notified to more than one competition authority. Often legal advisors have to answer extremely difficult questions in merger cases, such as whether notification of the merger to the competition authorities in one or more jurisdictions is necessary or mandatory or even desirable; which authorities need to be notified; what is required for this purpose and how to go about notifying the authorities concerned; and how will the authorities assess the merger, including any relevant time framework within which they will operate and ultimately reach a decision in a given case. The Module will be taught in a very practical manner, to reflect the very nature of the topic. A highly interesting range of case studies and the knowledge and expertise of practitioners in the field will be a key aspect of the course. The Module should prove to be attractive for students attending other competition law courses and those with an ?international? dimension in other areas of commercial orientation on the LLM.

Competition law has witnessed an impressive increase in significance and geographical scope during the last two decades or so. From the situation which existed in the 1980s ? when there were only a few systems of competition law in the world ? we have moved to a new one where currently there are about 120 jurisdictions in which some form of competition law has been introduced and 30 others seeking to develop the process. It is anticipated that this remarkable geographical expansion of the law will increase in the future. With this unprecedented increase in significance and remarkable geographical expansion of the law (as well as other significant developments such as the process of globalisation), it has become important to examine the role and place of competition law and policy in a globalised economy. The course will aim at such an examination. The course is designed to include ?international? elements ('comparative elements will then be addressed in the Comparative Competition Law course in semester 2), looking at, among other things, issues such as, the process of internationalisation of competition law and policy; the role of international organisations and multinational enterprises (MNEs) in this process; the extraterritorial reach of the competition rules of the EU, the USA and those of other jurisdictions; and the relationship between competition and trade policy.

The course is designed to include ?comparative? elements, covering, among other things, developed competition law systems (EU competition law and US antitrust law), BRICS, Japan and other developing jurisdictions. In the light of the globalisation of markets, this module will focus on the different elements of various competition law systems. Starting with an introduction to competition law and economics, we will then proceed with discussing different regimes in a comparative perspective.

The Directorate General for Competition of the European Commission states that a cartel is a group of similar, independent companies which join together to fix prices, to limit production or to share markets or customers between them. Instead of competing with each other, cartel members rely on each others' agreed course of action, which reduces their incentives to provide new or better products and services at competitive prices. As a consequence, their clients (consumers or other businesses) end up paying more for less quality. This is why cartels are illegal under the competition legislations of a vast number of jurisdictions and why competition authorities impose heavy fines on companies involved in a cartel. Since cartels are illegal, they are generally highly secretive and evidence of their existence is not easy to find. The 'leniency policy' encourages companies to hand over inside evidence of cartels to competition authorities. This results in the cartel being destabilised. In recent years, most cartels have been detected by competition authorities around the world after one cartel member confessed and asked for leniency, though the authorities also successfully continue to carry out its own investigations to detect cartels.

The European Commission is empowered to send information requests to companies, enter the premises of companies, examine the records related to the business, take copies of those records, seal the business premises and records during an inspection, ask members of staff or company representatives questions relating to the subject-matter and purpose of the inspection and record the answers. At the end of the initial investigative phase, the Commission can take the decision to pursue the case as a matter of priority and to conduct an in-depth investigation, or to close it. Alternatively to a prohibition decision the Commission may take a commitment decision under Article 9 of Regulation 1/2003. This is a quick way of restoring effective competition to the market. Finally, as the Directorate General for Competition of the European Commission states, infringements of competition rules, such as price cartels and abuses of a dominant position in the market, are not only negative for the economy and consumers as a whole: they also cause direct harm to the infringer's customers and competitors (e.g. higher prices, lost profits). The European Court of Justice held that any citizen or business who suffers harm as a result of such breaches is entitled to compensation from the infringers. Thus, any citizen or business which suffers harm as a result of a breach of the EU competition rules is entitled to claim compensation from the party who caused it. This means that the victims of competition law infringements can bring an action for damages before the national courts.

Copyright, the legal foundation of the creative industries, is by its modern nature international and comparative This module will offer students a solid basis for understanding the essential elements of copyright law ,its philosophical and legal basis, the international Copyright Treaties, and the different approaches adopted in major civil and common law countries, including the United Kingdom, France, Germany and the United States. We further focus on the growth of EU copyright law with its distinctive flavour, which incorporates civil law doctrines in a pragmatically common law precedent-based approach. Where relevant, reference is also made to well-known decisions on certain topics in Australia, Canada and India. This interactive course will explore copyright principles by considering and discussing crucial topics, namely, the types of protected works, copyright ownership, beneficiaries, term, nature of rights, exceptions and limitations, collective management, enforcement and user rights - from national and international perspectives. The course also looks at current international copyright policy discussions such as new Treaties and Trade Agreements. The module will enable students to embark on more specialised and in-depth courses.

Patents are exclusive rights granted for the protection of an invention that offers a new and inventive technical solution or way of doing something. This module compares the process of obtaining and enforcing a patent under the provisions of the European Patent Convention (EPC) with the equivalent legal arrangements under Title 35 of the Code of Laws of the United States of America (USC).

Patents provide, for a limited time, the right to exclude others from acts of making, using, selling, keeping or importing products containing the patented invention. Under the World Trade Organisation (WTO) Agreement on Trade-Related Intellectual Property Rights (the TRIPS Agreement) WTO Members, in particular developing countries, face challenges in meeting their obligations to provide patent protection and related rights. The module will assess the extent to which these obligations derived from international law impact on access to medicines, traditional knowledge, biological diversity, farmers' rights, food security and human rights.

The module begins with an explanation of the principles of intellectual property, contract and competition law as they relate to licensing contracts. The body of the module will be concerned with the character, structure and drafting of licensing agreements for the major forms of intellectual property to include patent, trade mark and copyright licensing. The module will examine in light of statute and case law, the key terms common to such licensing agreements including: ownership; grant of intellectual property; territorial exclusivity; invention improvement; sublicensing; royalties; warranties; indemnities and dispute resolution. The module will discuss current issues in the field of licensing including trade marks and selective distribution agreements; standard essential patents and FRAND (fair, reasonable and non-discriminatory) licensing; as well as copyright licensing, news aggregation; and technological self-help measures including blockchain technologies.

This interdisciplinary module brings a range of perspectives to the analysis of intellectual property law in the fashion and design industries, including business sociology and knowledge management, art history and fashion theory, fan theory and fashion tribes, and economic and cultural aspects. Students will understand and analyse fundamental interactions between protection frameworks, the creative process, and the fashion customer, analysing critically the social, political and legal aspects of the industry and its interaction with other cultural forms. The course equips students with the skills to identify and manage intellectual property in fashion practice and to analyse critically policy aspects of the fashion industries and the interaction with the law.

In this module, students will engage directly with industry and commercial fashion practice through workshops and enterprise development, gaining specific insight into design practice, fashion media, merchandising, branding, and retail curation. Seminars will cover a range of topics in commercial fashion enterprise and will consider in detail practical examples in management and innovation, allowing students to gain a comprehensive insight into building a fashion brand identity and an understanding of commercial and artistic practice in fashion and design.

The importance of design within competitive economies has been underestimated academically. Designs increase the visual, ergonomic, aesthetic and branding appeal of a product, and has the potential to increase the impact and competitiveness of the product within different market sectors. This option will teach students the key ways to protect the investment in graphic, environmental and product designs, with an emphasis on design patents, trade mark/trade dress and copyright laws. While the focus of the course will be on EU and US laws, the course will also cover the international design registration system, as well as specific design-related issues in major industries such as competition and consumable markets (coffee pods, spare parts, cartridges), 3D printing, and counterfeiting within furniture & fashion lifestyle industries.

The module aims at providing the students with a thorough account of the main legal theories of unfair competition in various jurisdictions with a particular focus on US, EU, UK, French and German law in light of the binding European and international legal frameworks. Legal problems are approached from a comparative perspective. At the same time, emphasis is placed on the practical problems that arise in the context of disputes that involve claims of unfair competition.

The module covers all legal issues that might arise from the very moment someone decides to apply to register a sign as a trade mark. Following topics will be discussed in class: what may constitute subject matter eligible for trade mark protection?; absolute grounds for refusal and invalidity; relative grounds for refusal and invalidity; distinctiveness acquired through use; trade mark infringement; invalidity; revocation; defenses; the concept of the trade mark functions; economic justifications for trade mark protection; trade mark protection against dilution; the free-riding theory of trade mark protection; the particularities of the EUTM system; common law rights in the US; the federal US registration system; the US functionality doctrine

What is intellectual property? Who benefits from these laws? What types of subject matter are protected in the global perspective under patent, copyright, trade mark, etc. laws? What are the main I.P. treaties and conventions? What is the connection between trade (WTO-TRIPS) and intellectual property law? What are the main justifications and criticisms in relation to IP law? By looking at national and global IP laws, the course gives a fundamental grounding in patents, copyright, trade marks, as well as international hybrid rights such as geographical indications, plant and seed protection, utility model, design, and unfair competition protection. The module also examines the global nature of intellectual property law and policy as it is affected arising from emerging technologies, and the consequential impact on the rights and obligations of peoples and corporations. Concentrating on the jurisprudence of major countries, including the EU and US, the course also examines the conflicting positions adopted as to the propertisation of (i) drugs, biological organisms and gene technologies; and (ii) traditional knowledge and cultural heritage. The module further examines the controversial clashes which have emerged between IPRs and international norms in various fora including competition law, human rights, development and environmental agendas.

Interactive Entertainment Law analyses some of the legal, commercial, contractual and regulatory issues that the Games and Interactive Entertainment industry faces in. It delineates and analyses the legal parameters within which developers and publishers operate and in which players create and consume content, providing students with an in-depth analysis of the industry from the development to the commercialisation of interactive entertainment products.

This module deals with intellectual property and the international film industries, including the transformative environment of digital technology and user-generated content, through a consideration of protection and commercialisation in key jurisdictions and markets. Topics include the development of a film prospectus, ancillary rights, financing and alternative funding (including crowdfunding models and fan-based theories), development and production, distribution, merchandising and co-branding, film franchises and adaptations, censorship, titles and credits, cast and performers.

The Music industry contracts module analyses the contracts between the various parts of the music industry. On the creative side it looks at the contracts between composers and music publishers; performers/ producers and record companies as well as other players such as music managers. A key aspect of the creative side of the music value chain concerns the activities of Collective Management Organisations and the module analyses the membership agreements of PRS for Music, MCPS and PPL respectively. The module we also look at the relation of music industry players with users such as broadcasting organisations and online platforms. The course will show how copyright is applied in practice on the example of the music industry. The music industry has been at the cutting edge of legal and commercial developments dealing with new business models throughout the years. The course will look at the main markets for music such as US and UK. Experiences in the field of music are transferable to all creative sectors such as audio visual and book publishing.

This module addresses the major creative industries, the way they operate and their impact on the national global economy, with a particular focus on the interplay between intellectual property protection and the industries' business environment. This module will analyze various contentious issues in the law surrounding the creative industries with a focus on intellectual property. A number of specific creative industries will be examined as well as famous' persons rights over their name and image and the commercialization of such rights. The module is international in scope, looking at a variety of jurisdictions according to significance and relevance to particular industries.

Getting intellectual property rights is relatively easy. It's what you do with them that's difficult. And since 80% or more of a business's value is made up of IP (sometimes called "Intellectual Assets"), understanding how a business, a research charity or a university puts its IP to profitable use is fundamental to understanding how modern commercial life works. This module, which is unique in UK universities, is focused on how IP is created, owned and commercialised (or "monetised"). It is taught by a practising lawyer with extensive experience in all aspects of IP. Guest speakers with front-line experience of IP commercialisation are a key part of this module, allowing students to understand how commercial transactions take place in real life.

Every intellectual property right starts life as a trade secret. Trade secrets and related intellectual assets are viewed as critical to the success of many businesses. But they are also uniquely fragile rights and so their protection under different legal systems requires close assessment. This module complements other IP modules by providing an opportunity to study the economic and legal foundations of these important rights.

The module introduces students to fundamental problems and concepts pertaining to intellectual property rights, with an emphasis on copyright law, in digital environments. The module focuses on the divergent interests of various stakeholders, such as authors, exploiters, consumers and creators that challenge law making today, and addresses topics ranging from the protection of software and databases, exclsuive rights and limitations, technological protection measures, the relationship between IP and fundamental rights, and online enforcement amongst others. A further emphasis will be placed on the role of the European Court of Justice and the interface between international norms and market integration.

This module examines how EU competition rules and regulatory principles and processes affect healthcare markets. We will look at internal market rules primarily from the perspective of corporate actors (whether public or private) rather than individual patients and healthcare professionals. We will consider the legal regime for the placing of medicines and medical products on the market, market surveillance and product liability regimes as well as the application of competition law rules in this sector.

The module covers the structure, principles, rules and application of a selection of taxes from a multi-jurisdictional and comparative perspective. In particular, the module looks at the taxation of individual income and wealth, the taxation of corporations and indirect taxation, as well as taxation at the sub-national level and tax administration. This is crucial not only for an understanding of specific domestic tax systems and the options available in designing domestic tax systems, but also to an understanding of the international tax system, which is determined by the interaction of national tax systems.

The module is designed for students who wish to gain an understanding of the key concepts of international tax law and of how multinational enterprises are taxed on their profits. It is also designed to equip students to participate in International Tax Law in Practice, for which it is a prerequisite. The module covers the basic principles of jurisdiction to tax, the factors used by countries in imposing taxes and the issues governing major types of income. It looks at how conflicts lead to international double taxation, the problems this creates for international trade and solutions provided for in double taxation treaties. The taxation of multinational enterprises has become a political issue, with the G20 and the OECD undertaking substantial work to address Base Erosion and Profit Shifting. This work has progressed rapidly and features prominently in the module.

The module focus is on how multinational enterprises are structured and operate. In particular, the module will cover how groups finance their business, structure their operations and own and protect their intellectual property. There will also be some consideration of the impact of mergers, acquisitions, disposals and reorganisations. The module will also look at the challenges created by new forms of technology and new ways of doing business. The module will discuss these issues from the viewpoint of the enterprise and of the relevant revenue authorities.

The module considers tax system design and tax policy issues relevant to emerging and developing economies. It examines tax policy and design issues regarding the choice of taxes, expanding the tax base, expanding the tax net, encouraging taxpayer compliance and strengthening administrative capacity. In this context it considers the political economy of direct and indirect taxes, the incidence of taxation, fiscal federalism and the impact of tax treaties. It will also look at options for reform of existing systems and for improving tax administration and collection in emerging and developing economies.

The module is designed to cover the structure, principles, rules and application of the US international tax system. In particular, it will cover the US tax principles and rules that apply to US and foreign entities and individuals engaged in cross-border operations and transactions. Coverage will include jurisdictional principles, the inbound and outbound regimes, income tax treaties and the treatment of corporations and shareholders. The module will also cover the taxation of trusts, estates and gifts, reporting requirements and tax administration and procedure, all with a focus on the cross-border context. The module will examine how the system operates in practice and also consider US tax policy in these areas.

This module provides students with an understanding of EU tax law, with an emphasis on EU corporate tax law. Sources of EU corporate tax law (legislative instruments, soft law and case law) are examined. A number of corporate topics are covered, including parent-subsidiary relationships, permanent establishments, passive income, reorganisations, anti-abuse provisions, proposed directives (CCCTB, FTT) etc. The module also examines recent developments and high-profile debates in the intersection of international tax law and European tax law. Topics such as international tax avoidance, corporate social responsibility, good tax governance, harmful tax competition, state aid and tax treaty abuse are considered from the angle of EU tax law and international tax law. The interaction of the OECD/G20's BEPS project with the European Commission's measures to fight tax fraud and tax evasion is also considered.

This modules provides students with an overview of the general principles of law involved in the formation of the insurance contract, the terms of policies and the claims process, as well as the role of brokers and the conduct of business at Lloyd's of London. Insurance is fundamental to a modern economy, allowing businesses and individuals to transfer the risk of loss, thereby facilitating investment and protecting wealth, and London is a world centre of the insurance industry. Students require no prior knowledge of insurance or English law. They will learn all they need to know as the module progresses.

This module deals with the regulation of insurance. It will look at the nature of risk in insurance business, the international standards on regulation and their influence on the shape of EU law and UK law, and in detail at the UK's approach to regulation, covering the structure of the regulator and the rules that are applied to regulation of insurance business (both those companies that provide insurance and intermediaries who facilitate insurance contracts) focusing inter alia on macro and micro prudential requirements & solvency rules, conduct of business rules and the resolution of systemically important insurers (financial resolution).

The module will examine all aspects of charterparties, being contracts of vessel hire between the relevant parties. More specifically, the module will cover the stage of negotiating a charterparty, the basic principles underlying all such contracts, different types of charterparties (including voyage, time, hybrid and demise charters), various charterparty forms and their practical application, the effect of charterers' orders on the operation of charterparties, and the charters' discharge (including issues of breach, frustration and damages).

The module will cover essential aspects of the law relating to carriage of goods by sea (mandatory international law regulating carriage of goods contracts, international standard terms, functions of documents such as bills of lading, waybills and delivery orders, as well as electronic alternatives to these documents, detailed discussion of logistics services and multimodal transport).

Marine insurance is a fascinating and important area of international shipping law. Shipping has always been perilous - adverse sea conditions, piracy, accidents and pollution at sea, deterioration of goods during transportation - and both owners of vessels and cargo have increasingly sought, over the years, to protect themselves in the event of loss. This module deals with the law of marine insurance. This module will examine, among other issues, the definition and formation of a marine insurance contract (including the duty of disclosure and insurable interest), the parties to the contract and the various risks covered (as well as those excluded), what constitutes evidence of the contract and its terms, claims under the contract, assignment, subrogation and contribution, the rule of proximate cause, and the diverse forms of loss that a vessel or cargo owner might suffer.

The module will examine the legal implications of forming and performing international sale contracts using electronic records and communications in place of paper. While the formation of such contracts using electronic means is supported by a maturing legal framework, the law relating to the use of documents used regularly in the performance of such contracts, including transport document such as bills of lading and sea waybills, as well as insurance policies and certificates, is still firmly anchored to the paper world. Thus, eliminating paper is not as simple or straightforward as it might at first seem and this course will address attendant legal issues and implications in depth. The module will also examine in detail common financial arrangements entered into by international traders for the purpose of the buying and selling of goods across borders.

Petroleum laws and contracts are the ultimate manifestation of policy and are the result of lengthy negotiation processes and have an unusual dynamic. According to the World Bank, between 1999 and 2010 more than 30 countries revised their petroleum contracts and made major amendments or completely changed their petroleum legal and fiscal framework. Several more countries have done the same since the 2014 oil price downturn in order to adapt themselves to the changes in the industry. This module will examine the main type of contracts used in the upstream petroleum industry (Production Sharing Agreements, Concessions and Service Agreements) and their most important legal and fiscal mechanisms and the reasons why these are so frequently changed. This course will also focus on the study of these contracts dynamics within the so-called energy transition, risk mitigation strategies in order to avoid the most common forms of legal and political risks: expropriations and contract renegotiation.

The module examines the fundamental principles of the law of the World Trade Organization (WTO). Topics covered include sources of WTO law, the relationship between WTO law and international and domestic law, the WTO dispute settlement system, and substantive rules on market access (tariffs and non-tariff barriers), non-discrimination (national treatment and most-favoured nation treatment) and rules aimed at balancing free trade and non-trade concerns. The module provides students with a theoretical and practical understanding of the regulatory framework underpinning the multilateral trading system. On completion of the module, students should be able to advice public authorities, private companies or civil society organisations on the consistency of market access restrictions and discriminatory measures affecting international trade with WTO Law and on the remedies available for breaches of WTO Law.

The module covers WTO rules and principles on domestic regulations (technical standards, rules on services, intellectual property protection) and on trade remedies to protect domestic industries against both fair and unfair trade (safeguards, anti-dumping duties and countervailing duties). It examines how WTO rules, as interpreted by adjudicators, seek to balance the tensions between free trade obligations and the right to regulate in pursuance of national policy objectives and free trade and unfair trade. On completion of the module, students should be able to advice public authorities, private companies or civil society organisations on the consistency of trade defence measures and domestic regulations affecting international trade with WTO Law and on the remedies available for breaches of WTO Law. Students which are not familiar with WTO law are strongly advised to take QLLM370 WTO Law: Fundamental Principles.

The module examines the law that governs international economic relations between states and between states and non-state actors. It provides an overview of international agreements and organizations concerned with state conduct affecting trade, foreign investment, finance and monetary stability. It also considers less formal means of international economic governance such as standards, principles and guidelines. The study of the relevant law is informed by pressing development, environmental and financial stability concerns arising from the globalisation of the world economy and shifts in global economic power. The module aims to provide the foundation and context for further exploration of specific areas of international economic law covered by other modules offered by this programme. The knowledge and skills gained on this course are suitable for careers in government, international organizations, law firms and NGOs concerned with international trade, investment, finance and development.

Introductory, History of Financial Crime, Corporate Liability and procedural and evidential issues in financial crme, Criminal vs Regulatory Justice, AML/CTF - the International Framework, UK regulatory framework, The substantive UK criminal offences , Art Crime, Kleptocracy, Confiscation (UK), Civil actions, Non Conviction based Seizure

Forfeiture Tax Evasion (UK) Tax Evasion (International Regime) Misconduct in public office Bribery History and Theory Bribery International Regime Making Deals over Bribery Corruption in Sports The Trump Presidency Honest Politician's Guide Revision

The module covers information technology transactions, contracts and licences in a variety of areas, such as: system procurement contracts, commercial software licensing, outsourcing, cloud computing and free and open source software.

The security of important data, including personal, is of considerable concern to governments around the world as is the safety of critical infrastructure assets, systems, and networks (both public and private) that are considered so vital that their incapacitation or destruction would have a debilitating effect on security, national economic security, national public health or safety. Concerns about former have led to growing legal obligations to ensure the security of information and the systems that transmit and store it. Whether as part of personal data protection regimes, sector-specific regulations (e.g., healthcare, banking and finance) private law or company law obligations, these present a growing source of potential corporate liability. Concerns about the latter have produced frameworks to enable oversight and cooperation needed to manage and mitigate risks to critical infrastructure. This course examines various EU and US legal frameworks .

The Module analyses the concept and theories of jurisdiction under International Law (Public International Law), from the perspective of international criminal law, especially in the context of transnational crimes such as cybercrime, from the perspective of regulation (eg data protection and transborder data flows; online gambling; online content regulation) and from the perspective of private international law/conflicts of law (jurisdiction and applicable law in civil and commercial disputes such as contract, torts generally, defamation & privacy infringements, IP infringements). It therefore takes a novel approach by looking both at private law and public law- but this approach is necessary as internet communications are not restricted to private law and private international law.

This digital revolution has had an enormous impact on fundamental rights such as freedom of expression and privacy (and personality rights more widely), and on concepts such as identity, autonomy and agency online. The Module will analyse (1) how the law protects these rights and balances them with the rights of others; (2) whether new fundamental rights should be recognized online and (3) how the law balances potential harms online with these rights. The Module will examine the relationship between law, technology and behaviour. It has a practical dimension by looking at liability relating to online communication and the management of that risk and by examining how these existing and emerging rights can be enforced (including for example the disclosure of a pseudonymous identity). It has a theoretical, law & policy dimension by examining concepts such as identity, privacy and autonomy and how these concepts relate to the law. It will compare traditional approaches to (offline) media regulation and how they relate to new phenomena on social media. The Module therefore examines traditional approaches to content regulation on "old" media and how these censorship regime(s) is challenged by new media, reflecting on how the law needs to adapt to "cope" with new (and ever evolving) technologies and business practices. As in traditional media regulation, this encapsulates administrative, civil and criminal law approaches to content regulation and censorship.

Entrepreneurship Law Clinic is a unique opportunity to learn and reflect on the legal issues that face entrepreneurs. In this module you will have the opportunity to (i) develop a number of professional skills and your professional identity; (ii) understand the practical legal issues that are faced by entrepreneurs and how to respond to those issues; (iii) interview and draft advice for a client; (iv) develop and practice public speaking and presentation skills; (v) work within a team and network closely with legal experts and entrepreneurship specialists in London's Tech City. Students must adhere to the Legal Advice Centre's practices and procedures including the signing of a confidentiality agreement and student contract.

Media Law: Reputation Management covers the key areas of law used by those who seek to build and protect a media 'brand' for commercial gain. The module will open with a detailed consideration of libel law and how that protects the public image of an individual (or, indeed, an entity with legal personhood). Whereas perhaps three decades ago the law in this area seemed well settled, the challenges of the internet combined with much of the Defamation Act 2013 remaining to be refined through interpretation by the courts makes this an important and ongoing focus for study by the commercial media lawyer. The second aspect of law which the module will look at is the developing area of privacy. While traditionally English law has not offered direct protection for privacy, a wide range of las have been used in effect to prevent or at least compensate individuals aggrieved by private elements of their lives being published to the masses. Sometimes this has simply been about the privacy of an individual, while in other circumstances it has been about the protection of a direct commercial relationship (such as that between the Douglases and OK Magazine in Douglas v Hello). The development of the tort of Misuse of Private Information, a result of the application of the Human Rights Act 1998, has arguably created a de facto common law privacy protection which continues to explore new nuances at the discretion of the courts.

The course will consider the following key topics: Media ownership and legal control thereof; The importance of content (internal) plurality for freedom of expression; Broadcasting regulation - who has the right to broadcast? Licensing systems; Regulation of broadcast content - how is this done (and why? Reactive, not pro-active) ; OTT content providers and the shift to online delivery replacing television - technological challenges to traditional means of regulation of television-type content, and how these are being met; Regulation of the press - extra-legal regulation, with enhanced freedom to editorialise. Why? What problems has this raised? How have things changed (if at all) as a result of the fallout from Leveson and the phone hacking scandal?; Advertising has only increased in importance in terms of media funding in recent decades, with much media, both traditional (Channel 4 television, Evening Standard and Metro newspapers) and online (Guardian newspapers online versions, among others), being wholly dependent on advertising revenue to fund itself. Important as this revenue stream then is to preserving a vibrant media sector, it also requires significant regulation in order to ensure that it does not damage the consumer (misleading advertising, consumer protection issues), or compromise the quality or reliability of entertainment content (e.g. rules on product placement introduced in 2011). Challenges presented by new media developments, such as 'sponsored posts' by celebrities on Twitter and other social media platforms ill also be considered. While English law will be used as the primary reference point for teaching in this module, it will be presented not as a course in English law but rather using English law as a case-study example of how some of the big questions for regulation of the media may be answered. Student discussion will be encouraged to raise examples and alternative ideas from other jurisdictions.

This module examines the law relating to online commercial transactions (bearing in mind that there is much commercial activity which is, ostensibly, ?free? ? Facebook and Google are prime examples). It focuses on the law which governs a range of online transactions, including contracting, signatures and online marketplaces. Because e-commerce is a global activity we don?t examine the law of one country alone (though we will inevitably look at more UK and EU law than that of anywhere else). Our focus is on the underlying principles which are common to all jurisdictions, and the differences in some areas ? the theory is that if you understand these, you will be able to analyse any particular national law and apply it to the particular e-commerce activity in question.

Compliance Systems in Practice examines the practical aspects of compliance in banking. The module reflects upon the historical conflicts of interest in banking and explores its underlying principles. It then presents an outline of the general and advisory functions of compliance as they relate to banking. Through a series of case studies the module then offers a broad inspection of the compliance matters emanating in practice.

The module will enable students to learn about state regulation of art, art transactions and transfers of art. In particular, it will examine four areas of state regulation of art: criminal law provisions related to art, import and export controls on art, the impact of competition law on art acquisitions and transactions and the taxation of art. Coverage of criminal law issues will include the handling of stolen art, art fraud and forgery, the treatment of obscene artworks, trade in artefacts from war zones and treasure offences. The module will also cover how states control the cross-border movement of cultural treasures, competition law as it relates to agreements prevalent in the art industry and the direct and indirect tax regimes governing art and dispositions of art.

This course introduces complex concepts in finance at a level that is appropriate for law students to master them. The first part of the course introduces the student to basic understanding of financial models and concepts as it relates to valuation in a legal context. This knowledge forms the basis of analysis for the more complex and broader concept of derivatives. The focus eventually turns to the analysis of ?derivative? instruments, their application in different economic situations, and the benefits/consequences of helping clients set up contracts employing them when investing or conducting business, both locally and globally. Derivative instruments will be analyzed from two separate points of view: speculative and hedging. Tools and basic models that help in understanding the appropriate usage of different derivatives in different situations will also be introduced and examined. Through the course analysis, students will develop a thorough understanding of the models that influence and eventually determine the relationships among different derivative instruments. Legal cases are used to analyze actual situations and explore different possible solutions using financial models and derivatives, facilitating an acceptable legal determination as to the best selection for every particular exposure. The course will be taught on the assumption that the students have no prior knowledge of these financial instruments.

This course introduces complex concepts in finance at a level that is appropriate for law students to master them . The focus of this course is on the analysis of valuation models, their application in different economic situations, and the benefits/consequences when investing or conducting business, both locally and globally. Tools and basic models that help in understanding the appropriate usage of different valuation models as used in different situations will be introduced and examined in order to assess risk and be able to manage it appropriately. Through the course analysis, students will develop a thorough understanding of the models that influence and eventually determine the relationships between risk and return when evaluating assets. Legal cases are used to analyze actual situations and explore different possible solutions when dealing with risk and other financial concepts, facilitating an acceptable legal determination as to the best selection for various risk exposure. The course will be taught on the assumption that the students have no prior knowledge of finance.

This module will analyse the institutions of EMU (Economic and Monetary Union), in particular the law of the ECB and the law of the euro, and the pillars of banking union (single supervision, single resolution, single deposit insurance). The module also examines the law relating to economic governance in the EU and Eurozone, and the road to economic union, and provides an introduction to Capital Markets Union. The relationship between the single market and the European financial architecture on the one hand and banking union on the other hand are also critically considered, in the light of the challenges that Europe faces in its process of integration.

The purpose of this module is to examine the regulation of non-bank financial institutions and markets, in particular securities firms, insurance companies, fund managers, financial derivatives, financial infrastructures, clearing and settlement. The module also considers the sources and evolution of international financial regulation and the competing demands between prudential regulation and financial services liberalisation.

The Module EU Competition Law (along with the co-requisite Module EU Competition Law and Practice) aims at a comprehensive study of the basic provisions of European Union (EU) competition law. The Module will provide participants with a flavour of the economic and market context in which EU competition law, especially Article 101 of the Treaty on the Functioning of the European Union (TFEU) is applied. The Module will aim to consider an important business phenomenon in the market namely anti-competitive agreements. It is hoped that by the end of the Module participants will gain a solid understanding of the relevant competition rules of the EU whilst developing a good business and market perspective and practical approach in order to help them identify situations in which such phenomenon may arise and how should this phenomenon be addressed. EU competition law is based on the rules contained in Articles 101-109 of the Treaty on The Functioning of the European Union (TFEU) and upon subsequent secondary legislation. The focus of the Module will be however on Articles 101 TFEU; as well as a number of block exemption Regulations, notably those dealing with: Vertical Restraints; Technology Transfer; and Horizontal Research and Development and Specialisation Agreements. The Module will however consider where relevant and appropriate other provisions of EU competition law, especially Article 102 TFEU.

Within the field of competition law, merger control has attracted special attention. The reason for this attention can be found in the special nature of mergers as a business phenomenon, especially when compared with other business phenomena, such as abuse of dominance by firms or cartel activities. The process of relentless globalisation which has been developing since the 1990s has meant that merger operations can produce an effect on the conditions of competition in more than one jurisdiction. This means that, quite inevitably, regulatory approval in more than one jurisdiction may need to be sought. Such a consequence ? as is widely accepted ? can give rise to uncertainty for the firms concerned and cause huge expense and significant delay. Those who are involved in advising business firms in a merger situation are also not immune from the uncertainty when merger operations have to be notified to more than one competition authority. Often legal advisors have to answer extremely difficult questions in merger cases, such as whether notification of the merger to the competition authorities in one or more jurisdictions is necessary or mandatory or even desirable; which authorities need to be notified; what is required for this purpose and how to go about notifying the authorities concerned; and how will the authorities assess the merger, including any relevant time framework within which they will operate and ultimately reach a decision in a given case.

Reinsurance involves insurance (and reinsurance) companies insuring all or part of the risks they write with other (re)insurance companies. Reinsurance is required by regulators but also makes business sense since it allows insurance companies to increase their capacity to write insurance. In this module we are looking at traditional reinsurance and innovative reinsurance solutions. We consider how reinsurance contracts are formed and how they can be structured. By reference to typical reinsurance market wordings, we will consider the interaction between the underlying insurance contract and the reinsurance contract and how their relationships impacts on the reinsurance terms and claims. We will also examine the structure and regulation of insurance-linked securities which are a means of risk transfer to, and of financing insurance risk in, the capital markets. London is one of the world centres of the reinsurance industry and the London reinsurance market is amongst the leaders in developing innovative reinsurance solutions. This module will provide a thorough understanding of this important and rapidly developing area of law and practice. English law is the governing law applied to Lloyd?s and London market insurance and reinsurance policies, and is frequently chosen as governing law for international reinsurance transactions. The LLM in Insurance Law, of which this module forms part, opens up lucrative career opportunities in the global insurance and reinsurance industry, the legal sector, management consultancies and the financial services industry generally.

This is an introductory module on the law and practice of international commercial arbitration. This one-semester module is aimed at students who do not specialise in dispute resolution and therefore does not require prior knowledge of the subject. However, the module may still be suitable for those not specialising in dispute resolution, but have some knowledge of the topic and would like to explore it in some further detail. This module will consider most of the key themes covered in the specialist arbitration modules but in less detail.

This module will cover topics including: Ownership and control of the media Press regulation EU Broadcasting Law and the shift to regulation of online, streaming content UK Broadcasting Law and the shift to regulation of online, streaming content Advertising Regulation Article 10, Freedom of Speech and the reasonable limits thereon with a view to protecting the Article 6 right to a fair trial, in the context of media reporting the courts Contempt of Court and the media - filming and livestreaming the courts, contempt by publication Reporting restrictions and the media - including identification of victims of serious crimes, statutory restrictions on reporting proceedings involving children and vulnerable adults, discretionary judicial orders, the media's right to representation and to appeal orders. Protection of journalists sources and materials, including digital resources and communications, from undue state / police interference.

The advanced research seminar will focus on current problems of platform liability for copyright infringement in the European Union and (partially beyond). The seminar will take place in Term 3 (June 2022).

The tragedy of the commons doctrine argues that humans are locked into a system whereby our pursuit of self-interest erodes the commons. But according to a different view, human society is fully capable of managing the commons in ways that protect the commons and benefits us all. Continuous trade and economic growth may eventually lead to an exhaustion of environmental resources. But this is not inevitable and trade relations can be managed in sustainable and mutually beneficial ways. One means to combat this is to accept that institutional intervention and technical progress should be focused so that resources are continuously directed towards environmental improvement. Moreover, the regulation of the environment (as in food, traditional genetic resources, green technologies) affects the trading patterns of both large and small producer countries. This module explores these concerns by studying the interrelation between : (i) the environment (as in food, agriculture, climate, bio-prospecting, and other ancillary rights such as human rights, Nagoya Protocols on climate and biodiversity rules, access and benefit sharing); (ii) trade (as in regulations within the EU, US and WTO, and other UN organisations), and (iii) IPRs (as in patents, plant variety rights, utility models, trade marks, geographical indications and technology transfer).

This module examines how we should design, finance, and regulate corporations in order to align their incentives with sustainability issues in general and climate change in particular. The course will focus on issues such as the concept of sustainability, the relationship between sustainability and the corporation, the design of a sustainable corporation, the role of asset managers and the financial industry in general as stewards of sustainability, and the recent policy initiatives and regulation. The course is strongly committed to presenting a global and comparative perspective highlighting the contemporary principles and trends of sustainable business and finance.

The course will be taught by leading practitioners in legal engineering and design, combining both academic and hands-on practical experience using some of the latest legal tech. This module will examine the theory and application of technology to legal practice and procedures. It will consider how machine learning and AI has been, and could be, deployed within the legal sector to provide substantive legal advice, procedural risk analysis, the provision of legal services and contract and practice management. The interaction of technology and legal design will be examined, as well as the practical, legal and ethical issues that legal tech raise.

This module offers the opportunity to learn about advocacy from an experienced English commercial barrister. The module begins by examining the role and nature of advocacy in commercial disputes. It then considers the theory of persuasion, a subject that is ? surprisingly ? rarely taught to law students. The rest of the module investigates the key skills of professional advocates, including oral and written submissions, and cross-examination. The module draws on a range of materials, from the rhetoric handbooks of classical antiquity to videos of recent hearings in the UK Supreme Court.

Comparative Law and Practice of International Courts and Tribunals (ICTs) provides a systemic empirical overview of international adjudication and introduces students to the comparative method through the critical appraisal and comparative analysis of the laws, decisions, processes, and policies of ICTs (defined as international institutions capable of resolving disputes through binding decisions and where at least one party to the dispute is a state). The module is organized around a series of 10 cross-cutting legal and/or practical themes common to all or most ICTs (e.g., appointment of international judges and arbitrators, sources of law and applicable law rules, jurisdiction and admissibility requirements, non-disputing party interventions, compliance with judgments/awards, legitimacy challenges, etc.). The module will not dedicate classes to the description of individual ICTs and students will be expected to familiarize themselves with ICTs and their basic features prior to the start of the module.