International Trade and Commercial Law – (LL.M.)

Contents

Course length

Full-time: LLM: 12 months; PGDip: 9 months
Part-time: LLM: 24 months; PGDip:18 months

Students studying for the LLM/PG Dip in International Trade and Commercial Law are required to complete the double compulsory module in International Law (40 credits) and the single compulsory module in Advanced Legal Research Methods (20 credits) during the first semester. In the second semester you must take the compulsory module in International Trade Law (20 credits).

International Law

The principal aim of the compulsory module in international law is to introduce students to the international legal system and the general rules that govern the international community, set in the context of a rapid globalisation. The module introduces the philosophical underpinnings of international law, including the nature of the international legal system and the context within which it operates, and examines the sources of international law and the key doctrines and principles. Areas of particular importance in state practice are also examined, including human rights, the use of force and international humanitarian law, environmental protection and international economic law.

Advanced Legal Research Methods

This module, which is compulsory for all LLM students, provides an opportunity for students to develop core skills in legal research. Expert guidance is provided in locating and using international law sources especially electronic sources. Particular attention is also paid to analysis of legal texts, reasoning skills, presenting research, both orally and in writing and appropriate referencing. The Oxford Brookes Library has an expanding collection of international law materials and provides access to a wide range of online databases.

International Trade Law

This module provides an overview of the legal systems governing international trade. International Trade Law has two dimensions: one governs the commercial relationship between traders, including the laws of sale of goods, transportation and finance of trade, which is of a ‘private law’ nature; the other deals with the regulatory relationship between government agencies and traders, including the laws of tariffs and duties, antidumping, subsidies and countervailing measures, which are ‘public law’ by nature. The module covers both the transactional and the regulatory elements, with particular emphasis placed on current issues such as Incoterms, UCP, and e-commerce.

In Semester 2 you can choose any two of the following options (20 credits each, totalling 60 master's-level credits)*:

International Investment Law

This module provides students with the opportunity to examine the laws, policies and legal issues affecting foreign investment and foreign enterprises, with special emphasis on the developing world and emerging markets. The rules, principles and institutions of public international law that affect direct foreign investment are explored, followed by an examination of host country laws that both encourage and regulate foreign investment. The political risks for foreign investment and the legal protection mechanisms necessary to eliminate or reduce such risks are considered, including investment insurance mechanisms and bilateral investment treaty (BIT) programmes as well as the dispute settlement regime for international investment law.

European Union Law

This module provides an introduction to the constitutional and administrative law of the European Union. It begins with an examination of the political development and legal nature of the European Union and the operation of its institutions. Discussion then focuses on the nature of community law, its relationship with national law and the role of the European Court of Justice. Finally, the administrative law of the European Union is critically examined.

World Trade Regulation

This module focuses on the regulative law and legal framework of sales of goods as provided for by WTO law. The module explains the WTO law on the sale of goods, the so-called GATT 1994. Students will be introduced to the core norms and principles of GATT 1994 law including the most favoured nation principle and the principle of national treatment, and the latest jurisprudence of the panels and Appellate Body. In addition, the lawful exemptions to free trade in goods will be considered as well as the two additional new instruments for certain exemptions from GATT rules, the SPS and the TBT agreements.

International Commercial Arbitration

This module introduces students to international commercial law and arbitration, including arbitral agreements, applicable law, the enforcement of arbitral awards and arbitrations involving state parties. The course also addresses the international regulation of the conduct of foreign investment and critically examines the role international commercial law and arbitration plays in the process of economic globalisation.

International Environmental Law

This module provides an in-depth understanding of issues relating to international environmental law and global policies. The module begins by examining the role of international law in dealing with environmental issues and the sources of international environmental law. Key environmental issues are examined, not just to understand the specific area of regulation but also to place it in the context of international law and policy and the wider challenges to globalised environmental protection. There is also an opportunity to examine the tensions between environmental law and policy and other value systems such as human rights and international trade.

International Labour Law

This module focuses on the work of the International Labour Organisation (the ILO). It starts by considering the history and workings of the ILO and the various theoretical issues raised by the search for universal and international standards for labour rights.

The main part of the course is devoted to an examination of fundamental labour standards, as identified by the ILO itself, those being rights to freedom of association, the abolition of forced labour, non-discrimination and the reduction of child labour. The difficulties of enforcement of these standards are examined. Reference is also made to other international standards such as those of the UN and the EU.

International Intellectual Property Law

This module aims to explore how, with the rise of information and technology as key global assets, intellectual property laws have been fashioned and constantly transformed to identify, regulate, manage and protect those assets. It examines the process of harmonisation of intellectual property across the world in the context of the international trade regime, the proliferation of overlapping, and often contradictory claims among the diversity of stakeholders as well as policy issues located in ethics, culture and human rights.

International Corporate Governance

This module aims to introduce students to the principles of corporate governance that influence the management of modern companies worldwide. In particular, it focuses on corporate regulation in the wake of the recent scandals in the USA and in Europe. The existing corporate governance models will be examined and the future of corporate governance will be also considered. Other areas covered include investors’ protection, shareholders’ rights and board architecture. Theories of regulatory competition and harmonisation of law will be also explored along with related issues of corporate social responsibility.

Regulatory Theory in Cyberspace

This module considers legal and policy issues that have evolved with the rise of cyberspace; examines current and prospective normative principles and rules for its governance by all stakeholders; and considers future developments in regulatory issues emanating from the divergence of international factors in play. The module will focus on defining the legal and technological issues which make cyberspace a unique zone of discourse for the study of international/transnational regulation and the methods of control which can potentially be adopted.

Students who complete at least 60 credits over the taught elements of the course are eligible for the award of the Postgraduate Certificate in International Law.

Dissertation

Your LLM dissertation is an extended and supervised piece on work on a particular aspect of international law chosen in consultation with your course tutors. It is an opportunity to gain knowledge through systematic academic enquiry and for you to demonstrate your ability to explore and present legal arguments. The style of research may range from empirical investigation to textual analysis. You will develop transferable skills in research and information and project management. You will be encouraged to choose an international law topic of personal interest or one related to your occupation. Full-time students will normally begin preliminary work on the dissertation in Semester 1 and formalise the topic and structure of the dissertation in Semester 2. The main work on the dissertation will normally take place from June to mid-August.