International Commercial Law and Practice

This module introduces you to the contracts within the context of international shipping and carriage of goods. These will include sales, carriage, insurance and financing contracts. These are the core elements of international trade. You will understand the nuances of drafting contracts compliant with the Vienna Convention on International Sales of Goods. It also explores private enforcement regimes, including the common law, Brussels I Regulation and appropriate international conventions.

You will develop your ability to critically evaluate aspects of the contractual law of international trade and formulate suggestions within the conceptual and policy framework. You will also conceptualise and adapt trade law theories and concepts to contemporary contexts.

The module covers the main methods of practice and elements of law in the international exploitation of intellectual property rights, with particular reference to international licensing, assignment and distribution agreements and international enforcement. Reference will be made to the international IP treaties and competition law, for example, the law relating to international technology transfer agreements. The module briefly explains the international structure of IPRs, such as Community registered design and trade mark, and you will be introduced to the global structure of the law and its exploitation. You will also address the forms used in intellectual property practice and the broader cross–cultural perspectives.

This module introduces UK and EU competition policy and the economic theory of the Chicago and Harvard Schools before turning to the European regulation of selective and exclusive distribution agreements, dominance and exclusionary and exploitative abuse. Comparison with aspects of US antitrust law approach to predatory pricing and per se abuses.

You will also explore aspects of merger control, cartels, and sustainability before turning to enforcement and principles of unfair commercial practices and consumer protection. The theory of competition regulation provides a platform for cross-cultural perspectives.

This module aims to initially compare the strengths and weaknesses of UK company law against European and international perspectives. The European dimension would come from an in-depth study of various European company forms and principles and provisions derived from civil law jurisdictions from which European structures are derived. The end of recovery from the financial distress of the company lifecycle will be explored through comparative corporate insolvency. For the insolvency component of the course, various laws (UK, US and European national and international rules) will be studied with the international context in mind. Such laws are varied and topical, given the modern and post-pandemic focus on restructuring and other procedures to continue the business. All these theories and structures are explored with contextual issues in mind, including the influence of cross-cultural perspectives.

This final 60-credit module bridges a Postgraduate Diploma and an LLM. It has two parts: researching a topic and producing work that draws on the research to represent an advanced account of a particular area of law associated with the programme title.

The dissertation is studied independently with the assistance of a supervisor and is a chance for the student to pursue a relevant area of law of particular interest academically. The dissertation requires you to practice a range of skills developed over the course of the programme: researching and critically reviewing national and international literature, applying theoretical frameworks, research design and ethics, data collection and analysis, research writing and dissemination.

You will be orientated towards high-level independent study based on the preparatory work conducted in research methods workshops. These workshops emphasise developing research skills that will equip the student with the expertise to undertake relevant and topical research allied to the dissertation. The core material covers:

• Critiquing academic and practitioner research from a range of published sources.
• Developing tools and techniques for writing a critical literature review.
• Methodological considerations.
• Research design.
• Research ethics.
• Evaluating and communicating research.

You will be allocated a dissertation supervisor. Individual supervisors will work closely with you on a one-to-one basis to set goals, monitor progress and provide general and specific advice on research strategy, framing questions and scholarly writing.

You will be able to develop the theoretical and practical understanding learned throughout the programme as well as independent study and research skills, critical analysis and the ability to evaluate. The nature of a sustained and in-depth study can prove a valuable resource for future employment or further study.