International Business and Commercial Law LLM

Trade liberalisation and the rapid expansion of exportation of goods and services, combined with the fast technological development in various business sectors, have increased the number of international conventions and supranational responses to globalisation and emerging challenges. Business persons and lawyers should not only be familiar with general principles of transnational contract law, but also incorporate those conventions, principles and standards in their international business transactions. Such resources can effectively overcome cultural, language, and legal differences in cross-border transactions. These resources also reduce transaction costs of international contracting.

This module is concerned with the business-to-business transactional relationship across national borders. It will examine pertinent areas such as general principles of international commercial contracts, principles of international trade finance and principles of international dispute resolution. By the end of this module, students are expected to have gained knowledge and understanding of the legal concepts, doctrines, and principles in these specific areas, as well as being able to critically evaluate relevant international conventions, treaties, and transnational instruments.

Written work on a legal topic of your choice resulting from individual research and normally based upon material falling within the area covered by the degree for which you are registered.

This module considers: fundamental issues in company law such as separate legal personality and limited liability; enforcement of directors’ duties; theories of corporate governance and the implications of these in practice; the evolution of corporate governance across different jurisdictions; key corporate governance debates including shareholder-stakeholder debate, directors’ remuneration; and the relevance of corporate governance in the wider social, economic, and political context within which corporations operate. 

This module examines how companies raise equity and debt finance. Whilst the focus will be the law of England and Wales, pertinent international legal frameworks will also be touched upon. The module explores the various options available to a company when raising finance, and engages in a critical assessment of the advantages and disadvantages of each option. It also examines the risks that raising finance entails, for the company, its creditors, and the wider financial system.

This module offers the fundamentals of international commercial arbitration, the most important dispute resolution mechanism for international business transactions.

The module begins with the legal framework of international commercial arbitration. It then deals with jurisdiction of arbitration tribunals and certain procedural issues arising in arbitration practice. The module ends with the setting aside and recognition and enforcement of arbitral awards. 

The module focuses mainly on English law of arbitration which is put in comparative perspective and compared and contrasted especially with the UNCITRAL Model Law on International Commercial Arbitration.

This module examines the body of rules and principles governing international sales transactions under two prominent legal regimes of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980), and English Sales Law.

This module addresses the private law relating to the financial aspects of international trade, especially payment mechanisms and guarantees. Emphasis is placed upon the rules promulgated by the International Chamber of Commerce.

The module also explores important international trade finance mechanisms such as documentary credits and demand guarantees. These include Uniform Customs and Practice for Documentary Credits (UCP 600) and Uniform Rules for Demand Guarantees.

This module examines issues relating to the regulation of public procurement from perspectives other than trade liberalisation. Issues covered include the pursuit of value for money through competition avoidance of corruption outsourcing and procurement for privately-financed infrastructure projects. The module pays particular attention to the UNCITRAL Model Law on procurement and the procurement rules for developing countries' projects financed by the World Bank.

Global Data Protection Law explores the obligations of data controllers and processors, the rights of data subjects, and the powers of data protection authorities across international, regional, and national data protection laws. It analyses the differences between those data protection laws and critically evaluates their effectiveness in balancing the protection of personal data with other values and interests.

The module will deal with the basic principles of copyright law at an advanced level. British copyright law will be studied with reference to the international and European obligations of the United Kingdom in this respect. This covers an introduction to copyright law, subject-matter of protection, authorship, ownership and dealings, economic and moral rights, term of protection, infringement and defences.

This module will offer an in-depth analysis of the relationship between intellectual property and private international law. It will cover all aspects of jurisdiction and choice of law.

This module offers an in depth examination of the laws and regulatory perspectives relating to the digital economy. It explores the implications of UK, European and international rules that apply to digital platforms and Big Tech, and their impacts on end-users and digital consumers. The module engages with a series of themes and topics like privacy and commercial surveillance in data-driven economies, cybersecurity, social media and online harms, algorithmic governance and automation. participation for digital citizens. 

International Environmental Law is a foundations module on international environmental law (IEL). It will provide a broad overview of IEL and allow you to develop a number of research-related skills.

At the start of the course, you will study the basic principles of IEL. The next block of seminars cover some major multilateral environmental agreements, primarily concerned with pollution, climate change, and biodiversity. You will develop an in-depth knowledge of these instruments: their key mechanisms, institutional architecture, and related legal/policy frameworks.

In the final set of seminars, you will apply this knowledge by researching how contemporary and emerging issues of IEL are addressed through the law. The selected topics will cut across two or more environmental treaties and so you will develop a deep understanding about the connections between different areas of the law.

This module deals with key aspects of the international system for the regulation of foreign investment. The module focuses mainly on issues arising from investor-host state relations under Bilateral Investment Treaties or BITs but also touches upon international investment contracts. Special attention will be given to the means of regulating investment using BITs, including standards of treatment, such as fair and equitable treatment, full protection and security, national treatment and MFN, and breaches thereof, the taking of foreign property and the settlement of investment disputes by means of third party dispute settlement.

Attention will focus on the substantial and procedural aspects of international investment arbitration with specific reference to ICSID, as well as ad hoc arbitration, using UNCITRAL arbitration rules or the rules of other relevant arbitral fora.

The course examines the law applicable to insolvent and financially distressed companies. The main insolvency procedures available under the law of England and Wales will be examined to determine the extent to which they meet their aims and objectives. Key international insolvency law frameworks will also be touched given the prospect of cross-border insolvency scenarios. We will look at the justifications underpinning a corporate insolvency regime and consider how effectively different goals are balanced within it. The case for reform will also be evaluated.

This module studies the key characteristics of multilateral and regional trade law. The multilateral context reviews World Trade Organisation Law in light of contemporary challenges to multilateral trade, while the regional dimension considers the relationships within and between various regional blocs, and how these blocs fit into the broader multilateral trade law regime. These matters are studied in the context of the global economy, paying attention to whether the current system of international trade rules addresses the challenges presented by increasing globalisation.

The module examines the global competition law development from the perspective of international business. In summary it uses the US, EU and Chinese competition regimes and high profile international business cases as targets for analysis.

It first critically examines the origins of global competition rules against international business, by focusing on EU, US and Chinese competition regimes on the one hand and international organizations on the other hand. It then examines in-depth the challenges faced by international business in the areas of international price cartel regulation, multiple regulations on abuse of market dominance and cross-border mergers. It further critically examine the public and private enforcements of competition rules against international business in the global context.

By critically examining the challenges faced by international business in both the substance and enforcement of global competition regulation, the module aims to engage and motivate you to undertake original thinking and explore innovative solutions to tackle the challenges.

This module considers how business increasingly conducts its operations with responsibility to its stakeholders and to society at large. It examines the emergence of the business and human rights regime, which forms the basis for addressing both legal developments and voluntary initiatives across a spectrum of business and industry sectors and different types of business, operating both globally and locally.  

This module provides an introduction to energy law. Through scholarly works and practical case studies, it will address some of the most important legal issues which relate to energy such as: the exploration of natural resources in disputed areas; transparency and control of oil revenues; environmental law issues; and justice and gender in energy transitions. Although both fossils and low carbon/renewable resources will be examined, considerable attention will be paid to hydrocarbons, as they still dominate the energy sector. 

The module will be taught through the following seminars:

1. Energy law: what, why, how?
2. Regulation of hydrocarbons: legal regime and exploratory permits
3. The ‘‘resource curse’’
4. Exploration of hydrocarbons in contested and transboundary waters
5. Human rights in extractive industries
6. Energy dispute resolution: Lex Mercatoria, Lex Petrolea and the way forward
7. Low carbon and renewable resources: contribution to energy transition and associated challenges
8. Environmental issues and legal regulation
9. Energy transition aspects

The module will deal with the basic principles of trade mark law and it will do so from an international and comparative perspective. Special attention will be paid to European and US trade mark law before attention will turn to passing-off and comparative advertising issues.

This module is concerned with the European Union's (EU) status as a global power. Topics may include: the EU's powers to conduct international trade law, to promote human rights and international development, to pursue foreign policy objectives on the global stage and the emergence of the EU into other international policy arenas.

This module looks at special issues in copyright and designs and their international exploitation at an advanced level. The British, European and international law relating to these rights will be studied in detail. Comparison will also be made with national Member States laws. Special topical issues in copyright and designs law will be studied including the protection of computer programs, databases and technological protection measures. National and Community unregistered and registered design rights. Finally, students will be given an insight as to the future of copyright and designs at EU and international level.

Module credits: 15

The module will deal with the basic principles of patent law and it will do so from an international and comparative perspective. Special attention will be paid to European and US patent law before attention will turn to biotechnological inventions and a case study on stem cell patents.

This module aims to develop an understanding of the legal and ethical challenges posed by AI and robotics technologies, along with consideration of appropriate legal and regulatory responses. It provides a philosophical and legal framework for considering concepts and principles that relate to the development and use of such technologies. It also considers legal and regulatory governance at the international, regional, and national levels.

International law of the sea regulates the order of the oceans. It is one of the oldest branches of public international law and one of the most dynamic areas of law.

Topics cover: maritime boundary disputes and delimitation, exploration of hydrocarbons in contested waters, the use of marine genetic resources from maritime spaces beyond national jurisdiction, maritime terrorism, and the protection of human lives at sea.