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Mae Dr Andrew Iwobi yn Uwch Ddarlithydd yn Ysgol y Gyfraith Hillary Rodham Clinton.
Mae Dr Andrew Iwobi yn Uwch Ddarlithydd yn Ysgol y Gyfraith Hillary Rodham Clinton.
This module is available only for visiting exchange students from Chinese partner universities.
This module will be available only for visiting exchange students from Chinese partner universities.
This module will introduce students to fundamental concepts of the legal system of England and Wales and skills necessary to study law.
This module will be available only for visiting exchange students from Chinese partner universities.
Contemporary concerns originating in market and business failures sufficiently indicate the vital importance of business law for accountability and performance. Taking account of the rapid developments in this field, this module offers students an unique opportunity to explore business law on a broad spectrum. It allows for an investigation into new and dynamic issues pertinent to the operation of businesses in the international context, including intellectual assets management, international payment and transactions, the governance of businesses and aspects of insolvency and personal responsibility. Designed to accommodate both legal and commercial perspectives, it allows students to obtain an understanding of cutting edge developments in a number of discrete legal areas.
This module provides students with the opportunity to undertake an independent, in-depth research project on a topic relevant to their programme. It is designed to develop advanced research, analytical, and critical evaluation skills essential for legal scholarship and professional practice. Students will identify a research question of significant relevance to the discipline and produce a substantial dissertation that demonstrates mastery of the subject matter. The module emphasises rigorous engagement with primary and secondary sources, enabling students to critically assess current research and advanced scholarship in the field. Through sustained analysis, students will synthesise doctrinal principles and policy considerations, presenting a coherent and well-structured argument that reflects originality and intellectual independence. The dissertation process also fosters the ability to advance knowledge and understanding beyond existing literature, equipping students with transferable skills for future academic or professional development.
This module deals in detail with the English law relating to the international sale of goods. It covers general sales law. As well as this it deals with specific issues that arise in international sales law such as force majeure, agency, remedies, and form contracts such as FCA, FOB and CIF. With a good understanding of it, students will be able legally to see an international trade transaction through from beginning to end. It concentrates on English law, but reference is made to other systems for comparison. English law is particularly relevant here because a great deal of international trade is conducted subject to contracts providing for English law and jurisdiction; in addition the law of big hitters in commerce, such as Canada, Australia, New Zealand, Nigeria, Singapore and Hong Kong is closely based on it. The law of other Commonwealth countries such as India and Bangladesh is similar.
This module offers a critical and comprehensive examination of the legal and financial frameworks that govern the national and international transportation of goods and passengers by air and road. With a special focus on the aviation sector, the module also provides a comparative analysis with ship finance. The material will delve into the impact of existing laws on the use of new transport systems, such as Uncrewed Aircraft Systems (UAS), also known as drones, and Vertical Take-Off and Landing (VTOL) aircraft. Carriage of Passengers and Cargo This section critically analyses the international treaties governing the carriage of passengers and cargo, with a particular emphasis on the Montreal Convention 1999 (MC99). ¿ Air Carriage: The module examines the passenger liability system of the MC99, including the two-tiered liability and the carrier¿s defences under Articles 20 and 21(2). It explores the concept of "bodily injury" and "accident" as prerequisites for a valid claim, drawing from influential cases. The module also covers baggage claims, differentiating between the liability of checked-in and carry-on baggage, and discusses how passengers can claim more than the standard SDR limits through special declarations. The exclusivity principle of the Convention, enshrined in Article 29, is a core focus, including its relationship with domestic laws and EU regulations, such as Regulation 261/2004, concerning flight delays and cancellations. ¿ Road Carriage: The module introduces the legal framework for the international carriage of goods by road, focusing on the Convention on the Contract for the International Carriage of Goods by Road (CMR). You will learn about the key provisions of the CMR, including its history, aims, scope of application, and carrier's liability. It also covers specific aspects of multimodal transport, such as piggyback and roll-on/roll-off (ro-ro) operations. Asset Financing This part of the module examines the nature and function of credit and other financing mechanisms, including mortgages and leasing. ¿ Aircraft Finance: The module examines various financing methods, including loans secured by mortgages, finance leases, and operating leases. It highlights why finance leases have become the most popular method for financing aircraft acquisitions and explores the challenges of aircraft mortgages, such as the mobility of assets and differing jurisdictional laws. The module provides an overview of the key legal concepts under English law, including attachment, perfection, and the priority of competing security interests. ¿ International Interests and the Cape Town Convention: A significant portion of the module is dedicated to the Cape Town Convention on International Interests in Mobile Equipment 2001 and its Aircraft Protocol. It covers the convention's aims, such as facilitating financing and providing creditors with remedies for default and insolvency. The module also details the first-to-file priority rule of the international registry. ¿ Ship Finance: The module offers a comparative analysis of aircraft finance with ship finance, focusing on the prevalent forms of financing, such as ship mortgages and finance leases. It highlights the unique challenges of ship mortgages, including the risk of permanent loss and the mobile nature of the assets, which can lead to complex jurisdictional issues regarding arrest and the validity of mortgages.
This module concentrates on the international law aspects of Intellectual Property (IP). With the growing global market and continuing disparity between developed and developing countries, IP has assumed a significant role in international discourse. The module discusses the set of laws that govern the creation, protection, sharing, and use of intellectual property in the global context. Topics such as copyright, trademark, geographical indication systems, traditional knowledge, cultural heritage, patents, plant varieties and industrial designs will be explored. IP protection is traditionally jurisdictional, yet, it has become common for IP issues to arise across jurisdictions because IP laws can vary significantly from one country to another. International IP law is the subject of treaties between nations throughout the world, therefore, the module further examines the various existing and proposed international instruments relating to intellectual property, such as the TRIPS agreement; Paris, Berne, and Madrid Conventions; etc, as well as organisations that seek to provide global IP protection by establishing international IP laws, such as the World Trade Organization (WTO), World Intellectual Property Organization (WIPO), International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO) in the field of international IP framework.
International commercial disputes that cannot be otherwise resolved are customarily referred to arbitration. As such, a global network of arbitration organisations and international institutions exists to address references to arbitration. The module examines the arbitration structures that exist to resolve international disputes in the context of commercial arbitration, as well as the associated questions of private international law. It has two main aims, an internal and an external one. The internal aim of the module focuses on the journey of an arbitration from start to finish, with the arbitration agreement at its core. This agreement is a foundational contract in which the parties agree to resolve any future disputes through arbitration rather than litigation. It is a key expression of party autonomy¿the principle that parties are free to choose the terms of their dispute resolution. The module will break down the process into several stages: ¿ Drafting and Validity: You will learn how to draft a valid arbitration clause and analyse common challenges to its enforceability, such as issues of capacity or duress. ¿ The Arbitral Tribunal: You'll study how arbitrators are selected, what qualifications they need, and the role of institutions like the International Chamber of Commerce (ICC) or the London Court of International Arbitration (LCIA) in facilitating this process. ¿ The Hearing: This stage involves the presentation of evidence and arguments. You will likely cover the procedural rules that govern the hearing, which the parties or the arbitral institution often set. ¿ The Award: This is the final decision of the arbitral tribunal. Unlike a court judgment, an arbitral award is a private document. The module will cover the necessary elements of a valid award and the grounds on which it can be challenged. ¿ Enforcement: A crucial part of the process is making the award legally binding and enforceable across different countries. You will examine the New York Convention of 1958, a landmark treaty that provides a framework for the recognition and enforcement of arbitral awards. The external aim of the module is to explore the dynamic and sometimes tense relationship between arbitration and national legal systems. This is where private international law comes into play, determining which country's laws apply to a dispute and which country's courts have jurisdiction. This part's fundamental question¿"what are the limits of the Court¿s role in the arbitral process?"¿highlights the principle of minimal curial intervention. National courts generally respect arbitration agreements and try not to interfere, but there are specific circumstances where they can get involved: ¿ Assisting Arbitration: Courts can assist the process by, for example, granting interim measures like freezing assets or compelling a reluctant witness to testify. ¿ Reviewing and Setting Aside Awards: Courts can review an award on a number of grounds that we will explore. ¿ Enforcing Awards: As mentioned above, a court may be asked to enforce an award under the New York Convention. However, the court can refuse enforcement if a party can prove one of the limited grounds for refusal, such as a lack of a valid arbitration agreement.
A spate of high-profile corporate failures and scandals over the past few decades have called for detailed examination and investigation of the legal and financial contexts in which such events have played out. Against this backdrop, this module seeks to explore and illuminate the general legal framework, the governance principles, policies and structures and the financing imperatives which underpin the existence and operation of corporations within the modern commercial arena. In the first semester, students will be introduced to a range of fundamental principles of company law and other forms of governance in the contemporary corporate environment, primarily from the UK perspective. Recent changes in this field will also be explored, to discover how the legal system encourages the practical transition to a more sustainable corporate culture. Key issues that will be explored at this stage include the role, duties and liabilities of directors, the functions of shareholders and various other stakeholders and the part played by the professional agents of these separate organs of the company in navigating the complex legal environment within which it operates. In the second semester, the legal basis for corporate financing will be examined, with a specific focus on the mechanisms available to companies in the vital quest to generate the funds needed to finance their activities and ensure their economic viability in today¿s ultra-competitive business environment. The rest of this semester will be devoted to the highly topical and rapidly evolving area of corporate governance, with a particular emphasis on its global aspects and transnational dimensions. The main frame of reference here will be the ¿governance gaps¿ created by the relentless trend towards globalisation. Such gaps which are especially evident in the developing nations of the Global South, have arisen from the disjuncture between the business-related activities of transnational corporations and. other commercial enterprises and the development of legal and regulatory capabilities to govern such activities. We will examine some of the key issues emanating from the trans-border operations of these multinational enterprises against the backdrop of national and international legal frameworks governing human rights, environmental protection, sustainable development and corporate social responsibility.
This module introduces the core principles and legal framework of Admiralty law, a central branch of maritime law that governs rights and liabilities arising from the operation of ships. The module examines the principal areas of Admiralty jurisdiction, including liability for collisions, the powers and duties of port and harbour authorities, salvage operations, towage contracts, and the carriage of passengers by sea. A key focus is placed on the international conventions and domestic legislation that underpin these regimes, as well as on the complex interplay between contractual obligations and tortious liability. Students will also study the limitation of shipowners¿ liability and the mechanisms available for the enforcement of maritime claims, such as ship arrest and related procedures. In doing so, the module will highlight the practical importance of Admiralty law in securing maritime claims and ensuring fair outcomes between competing interests. By engaging with case law, statutes, and international instruments, students will gain a detailed understanding of the rights and responsibilities of shipowners, operators, salvors, passengers, and other stakeholders. This module therefore provides both a conceptual and practical grounding in Admiralty law as applied internationally.
This module provides an in-depth exploration of the legal and commercial significance of charterparties and other principal contracts used for the carriage of goods by sea, including bills of lading and seaway bills. It examines the fundamental legal principles governing charterparties in general, as well as those specific to key forms of charter agreements, particularly voyage and time charterparties. The module also considers how these principles continue to evolve in response to market developments and commercial pressures and explores the relationship between charterparties and other contracts relating to the employment of ships and the carriage of goods. In addition, the module analyses the main features and characteristics of the various forms of contracts of carriage used in sea transport. It addresses the legal and practical issues that arise when cargo carried under such contracts is lost or damaged and examines the role of the principal international regimes governing carriage by sea, including the Hague, Hague-Visby, and Hamburg Rules. Finally, the module considers contemporary challenges associated with the nature of bailment contracts and the practicalities of pursuing cargo claims.
This module introduces fundamental principles and key concepts of marine property insurance, covering the insurance of ships, cargo, and freight. While the focus is primarily on English law, the subject has significant international relevance. English marine insurance principles are widely applied across Commonwealth jurisdictions and are frequently cited as authoritative in the United States. Additionally, insurance forms used in the London market are adopted in approximately two-thirds of the world¿s markets (UNCTAD), with US forms showing notable similarities. The legal framework for English marine insurance is based on the Marine Insurance Act 1906, as updated by the Insurance Act 2015. However, many provisions are often modified by agreement between the parties, and the Act does not specify the perils covered. Therefore, this module places particular emphasis on the standard clauses developed by the International Underwriting Association of London, which form the basis of contemporary marine insurance contracts. Throughout the module, students will examine the rights, responsibilities, and obligations of both assureds and insurers. Key topics include the principles of indemnity, subrogation, and co-insurance, as well as the practical application of standard contract clauses in real-world marine insurance.
Oil & Gas Law: Contracts and Liabilities is designed for students seeking to specialise in the sophisticated legal arena of the UK and international energy sector. The module offers a comprehensive and critical examination of the foundational contractual and liability frameworks governing oil and gas operations, with a primary focus on English law. Students will embark on a detailed journey through the lifecycle of a hydrocarbon project, from the initial licensing of UK Continental Shelf (UKCS) blocks under the Petroleum Act 1998 to the complex commercial arrangements for development, operation, and sale. The module provides an in-depth analysis of the key contractual instruments¿including Licences, Joint Operating Agreements (JOAs), and specialised contracts for drilling and hydrocarbon sales¿that define relationships and allocate significant financial and operational risks between states, operators, contractors, and co-venturers. Particular emphasis is placed on the standard forms prevalent in the UK sector, such as LOGIC contracts and the AIEN (AIPN) JOA. A core pillar of the module is the rigorous study of liability regimes under English common law and statute. This includes a dedicated focus on oil pollution liability from offshore operations, alongside the analysis of indemnity structures for operational incidents, property damage, and personal injury. Students will critically analyse seminal cases, complex indemnity clauses (including knock-for-knock regimes), and the contractual management of risk across the project chain. By synthesising black-letter law with commercial practice, the module equips students with the expert analytical toolkit required to navigate, advise upon, and critique the legal architectures that underpin one of the world¿s most capital-intensive and strategically vital industries.
This module offers an advanced, critical exploration of the legal architectures that are actively shaping the transition to a decarbonised maritime economy. It moves beyond foundational principles to interrogate the complex and rapidly evolving intersection where international environmental law, maritime regulation, and sophisticated commercial project delivery converge. The module is designed for students seeking to specialise in the frontline of energy and environmental law, providing the expert knowledge required to navigate a sector defined by technological innovation, stringent climate policy, and significant capital investment. The curriculum is structured around three interconnected pillars. First, it establishes the macro-regulatory drivers, conducting a critical analysis of how global climate change frameworks, specifically the Paris Agreement, create a binding imperative for sectoral action. This is examined through the dual lenses of the International Maritime Organization's (IMO) global regulatory strategy for shipping emissions and the European Union's pioneering, and often contentious, regional policy suite, including its Emissions Trading System (ETS) for maritime transport and the FuelEU Maritime initiative. Second, the module delves into the legal mechanics of offshore project delivery, which are essential for supplying the clean energy and abatement technologies required for decarbonisation. This involves a detailed dissection of the high-value, high-risk contractual ecosystems governing offshore wind farm construction¿analysing risk allocation in key agreements such as Balance of Plant (BoP) and Transport & Installation (T&I) contracts. Parallel to this, it examines the distinct legal regime for marine Carbon Capture and Storage (CCS), addressing the international treaties enabling offshore storage, the structuring of CO2 transport and storage agreements, and the critical issue of long-term liability. Third, the module confronts the novel legal and liability challenges emerging from new technologies. A core focus is the regulatory landscape and associated risks of alternative marine fuels (e.g., ammonia, hydrogen, methanol), including the application of the IGF Code and the evolving liability and insurance paradigms for bunkering operations and fuel-related incidents. Throughout, the module emphasises a critical, problem-solving approach, preparing students not only to interpret these layered legal frameworks but also to anticipate legal disputes, advise on risk mitigation in contracts, and contribute to the development of law and policy in this dynamic field.
This module offers a comprehensive and in-depth examination of the legal and commercial implications of Artificial Intelligence (AI), with a primary focus on its applications in transportation systems, particularly automated vehicles. While AI is a staple of modern commerce, its integration raises fundamental questions about its function within existing legal frameworks. The module first establishes a foundational understanding of the core AI technologies and their limitations, before delving into the legal challenges they present. The module will begin with a non-technical overview of AI, differentiating between key technologies such as Machine Learning (ML) and Symbolic Reasoning. We will examine how these technologies are used in autonomous vehicles for perception (building a model of the surrounding reality) and reasoning (planning actions). This includes a critical look at the inherent limitations of ML, such as the Pareto principle and the ¿black box¿ problem of non-explainable AI, which can lead to biases and challenges in determining fault. The module will also explore data privacy issues related to in-vehicle cameras and the collection of real-world data. Building on the technological foundation, the module will critically analyse how existing and new legal frameworks are adapting to AI. The core of the legal discussion will revolve around two key pieces of UK legislation: ¿ the Automated and Electric Vehicles Act 2018 (AEVA 2018). We will examine this innovative piece of legislation and its primary objective of providing a swift and seamless path to compensation for victims of accidents involving automated vehicles. The module will dissect its system of strict liability for insurers, the specific exceptions to this liability, and the complex issues it raises regarding causation and contributory negligence. We will also consider the commercial rationale behind this approach and the role of insurance in this new landscape. ¿ Automated Vehicles Act 2024 (AVA 2024): This module is among the first to explore the comprehensive regulatory framework introduced by this Act. We will delve into the new legal concepts it presents, such as the ¿self-driving test¿ and the designation of an ¿Authorised Self-Driving Entity¿ (ASDE), which is legally responsible for the vehicle's performance. The module will also examine the new licensing requirements for operators of automated passenger services and the marketing restrictions designed to prevent consumer confusion. Beyond statutory law, the module will examine how traditional private law is grappling with the implications of AI. This includes an in-depth look at ¿ Product Liability: We will examine the liability of manufacturers and other parties (such as component suppliers and programmers) in cases of accidents caused by defective vehicles or embedded software, considering both negligence and strict liability under the Consumer Protection Act 1987. ¿ Law of Obligations (Tort and Contract): The module will address fundamental questions about whether AI can be a legal subject. Can a machine be negligent or malicious? Can it know or form a legal intent to contract? We will examine how concepts such as misrepresentation, duress, and professional duty of care apply when AI is involved in a transaction or service. ¿ Intellectual Property (IP): The module will analyse the complex challenges AI poses to copyright, patents, and trademarks. We will discuss the debate over AI-generated works, authorship, and whether AI can be considered an inventor, referencing key legal cases. We will also explore the impact of AI on trademark law, including the concept of the ¿average consumer¿ in an age of AI-driven commerce and product recommendations. ¿ LegalTech: Finally, we will examine the use of AI within legal practice itself, including a look at foundational technologies like Akoma Ntoso, which is a standard for tagging legislative and judicial documents, and how these technologies can
The rapid evolution of digital technologies has fundamentally transformed the way commercial transactions are conducted and governed. This module examines the legal foundations, regulatory challenges, and private international law implications of electronic commerce and distributed ledger technologies (DLT). In the first part of the module, students will explore the formation, content, and enforcement of online contracts, with a focus on consumer protection, jurisdictional challenges, and the regulation of online commercial activities such as domain name registration and brand protection. The second part introduces the legal and commercial significance of distributed ledger technologies, including blockchain, smart contracts, and digital assets. Students will examine the emergence of electronic trade documents, the recognition of digital tokens as property, and the cross-border legal issues that arise in relation to jurisdiction, applicable law, and enforcement. The module concludes with an exploration of online dispute resolution mechanisms and their potential to enhance access to justice in the digital economy.