Law

Credit Points

30

Course Coordinator

Elizabeth Shaw

Pre-requisites

N/A

Overview

The course focuses primarily on different theories that attempt to explain why people engage in criminal or deviant behaviour. We will examine explanations of crime/deviance that appeal to the following factors: 1) biological factors, 2) economic conditions and 3) environmental conditions. We will also consider theorists who analyse criminal behaviour in terms of the ‘labels’ social groups apply to different kinds of conduct.

Structure

1 introductory seminar (2 hours), 6 substantive seminars (2 hours), 1 revision session (2 hours).

Assessment

Assessment will be by means of a 2-hour exam worth 50%, a 5,000 word essay worth 40% and an in-class oral presentation worth 10% which is assessed on a pass/fail basis.

Resit: 2-hour exam worth 100%.

Credit Points

15

Course Coordinator

Dr Catherine Ng

Pre-requisites

Registration on PG Dip in International Arbitration programme.

Overview

Lectures:
1. Induction (1 hr)
2. Information Retrieval (2 hrs)
3. Critical Thinking (2 hrs)
4. Argument Construction – an anatomy (2 hrs)
5. Legal Scholarship (2 hrs)

Structure

5 two-hour lectures.

Assessment

1st attempt: assessment will be based submission of a compulsory 500-word written exercise (counting 100%). All students will also be required to complete two further non-counting assignments; one written and one video presentation.

The course will be assessed on a pass/fail basis only.

Resit: opportunity to resit within the same semester.

Credit Points

30

Course Coordinator

Dr. Dirk Hanschel

Pre-requisites

N/A

Overview

The course deals with the regulation of international activities regarding energy and the environment. It will be divided up in two parts:
The first part will focus on the international legal framework regarding energy sources such as oil, gas, nuclear, and renewables, and it will look at the various legal instruments at the global and regional level as well as the key actors that are involved in regulation.
The second part will concentrate on environmental issues that correspond to the generation and use of energy in the international context and the responses relating to environmental protection of soil, water, air, atmosphere and species. Global and regional legal instruments will be analysed, as well as the pertaining customary law and law in statu nascendi. This part will also deal with the junctions between environmental and human rights law.

Structure

1 hour introductory lecture followed by 8 two hour seminars and concluding with 1 two hour revision session.

Assessment

First attempt: 30% coursework (2500 words) and 70% exam (2 hours).

Resit: 100% two hour examination, to be taken at the next diet.

Credit Points

30

Course Coordinator

Dr Ian Taggart

Pre-requisites

N/A

Overview

To develop a thorough and critical understanding of concepts, principles and institutions of international law relating to minorities, indigenous peoples.

In particular the course aims to enhance students’ knowledge and understanding of treaty norms, soft law norms, case law and academic writing on the rights of minorities, indigenous peoples and peoples in international law.

Students will be encouraged to develop legal reasoning skills, problem solving and the assessment of legal norms and theoretical questions relating to the rights of minorities, indigenous peoples and peoples in international law. In-depth and independent learning, research skills will be developed by undertaking an assessed research project.

Structure

There will be eight meetings of the class.

Assessment

First Attempt: One three hour examination (60%) and one 5000 word essay (40%).

Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Greg Gordon

Pre-requisites

Only available to students registered on the LLM Oil & Gas Law programme

Overview

Indicative Syllabus:
• Joint Operating Agreements
• Property Law Implications of Oil & Gas Transportation
• Dispute Resolution
• Risk Allocation

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions

Assessment

First Attempt: One 2,000 word essay (25%) and one 3-hour written exam (closed book) (75%)
Re-sit Attempt: 3 hour examination

Credit Points

10

Course Coordinator

Dr Catherine Ng

Pre-requisites

Admission to LLM by research or PhD.

Overview

This course engages Law Post-Graduate Research students with some overarching critical thinking and analytical tools which would inform the research, the research methodology, the structure, and the overall composition and specific write-up of their research projects. These tools would be developed and honed through series of class assignments, workshops, and class discussions. Students would be taken through the process of the derivation of thesis statements, working through literature review, the writing of abstracts, and (for PhD students) an initial write-up of a portion of their research project and a short presentation.

Structure

- compulsory attendance at six 2-hour fortnightly course seminars,
- presentation at the Core Skills Presentation Conference (compulsory for PhD candidates only, optional for LLM candidates),
- satisfactory completion of all class assignments, a capstone paper of approximately 10,000 words (PhD candidates only), and the form indicating an Intention to Present at the Core Skills Presentation Conference (presenters only),
- compulsory attendance at 3 additional research seminars and/or conferences selected by the candidate.

Assessment

Credit Points

30

Course Coordinator

Dr Matyas Bodig

Pre-requisites

N/A

Overview

1. Introduction: Human rights in international relations
2. The liberal vision of international order: Rawls; theory of the 'law of peoples'
3. Global civil society and human rights
4. Economic globalisation and human rights
5. A case study: human rights and the oil and gas industry
6. Summary: human rights in comparative politics

Structure

1 introductory lecture, at least 5 seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

First Attempt: One 3000 word essay (30%) and one three-hour written exam (70%).
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Anatole Boute

Pre-requisites

This course is available to students on the Oil and Gas Law and LLM Climate Change Law and Sustainable Development programme.

Overview

Climate change is perhaps the greatest challenge of our time. There is widespread agreement that the international community and individual states must act now to mitigate and adapt to the causes and consequences of climate change. The UK and Scottish approaches to climate change encompass the 'world leading' Climate Change Act 2008 and Climate Change (Scotland) Act 2009 and different aspects of the Electricity Market reform 2012. Regulatory developments to tackle the challenge of climate change have significant implications for the development of law and policy across a range of sectors, including, importantly, the energy sector.

The purpose of this course is to explore the law and policy framework for addressing climate change across international, European and national levels. This course examines the current challenges facing the negotiation of an ambitious international climate change regime by looking at the history of the existing climate architecture and by thoroughly analysing the key principles of climate change law. The course focuses on the energy sector by looking at carbon finance mechanisms for clean energy investments.

Structure

Teaching will be delivered through 7 discussion based seminars, an introductory overview class, presentation group meeting and presentation pratice class, presentation assessment class and a revision session. The 7 two hour semiars will cover: 1. The international climate change regime; 2. The flexible mechanisms of the Kyoto Protocol and carbon finance under the post-2012 regime; 3. Climate law and international investment law; 4. Climate law and international trade law; 5. The EU climate change regime; 6. The case of carbon capture and storage; and 7. The UK climate change regime.

A crucial part of the course will be the 2 - 3 hour (depending on class numbers) presentation class at which the students will deliver their group oral presentations and two members of the teaching team will be present to access and give feedback on the presentations. Students will select their own topics for the presentation and these will be approved by the course coordinator at the start of the course.

Assessment

Assessment: 60% examination, 10% assess group presentation and 30% individual 2500 word essay.

As with other similar LLM courses the presentations will be video recorded and copies of powerpoint presentations will be made available for external assessment.

The 3 hour examination will be based on the 5 seminars and students must answer 3 questions from a choice of 5.

Credit Points

30

Course Coordinator

Professor John Paterson

Pre-requisites

This course is NOT available to students registered on the LLM Oil & Gas Law programme.

Overview

- Licensing
- Production Sharing Agreements
- International Maritime Boundaries
- Joint Operating Agreements
- Risk Allocation
- Decommissioning of Offshore Installations

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

First Attempt: One 2000 word essay (25%) and one 3-hour written exam (closed book) (75%).
Re-sit attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Irène Couzigou

Pre-requisites

N/A

Notes

Overview

The course aims to analyse recent developments in public international law, with a special emphasis on evidentiary problems of State practice. It first considers the sources of public international law and whether “soft law” can be a substitute. The question is then asked whether traditional public international law can regulate pressing issues on the international plane, and how far it should change; examples of these problems are: international terrorism, nuclear weapons proliferation, the protection of human rights, ethnic conflicts, climate change, and energy security supply. The course encourages the student participating to think creatively as an international lawyer to resolve contemporary international dilemmas.

Structure

Teaching will be delivered through at least 10 discussion based seminars, lasting for two hours. In one seminar, students will have the opportunity to make an oral presentation.

Assessment

First attempt: Essay of 2,500 words (25%); examination of 3 hours (75%)
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Anne-Michelle Slater

Pre-requisites

N/A

Overview

Introduction
The theory of spatial planning regulation;
The International and European context;
Marine and Coastal Access Act 2009
Marine (Scotland) Act 2010
Marine Planning
Nature conservation and the ecosystem approach
Integrated coastal zone management and the relationship between terrestrial and marine planning
Student presentations
Revision

Structure

Eight two hour seminars, plus an introductory session, a revision session and student presentations

Assessment

First 1st Attempt: 1 three hour examination (70%) and continuous assessment (30%)
Re-sit Attempt: 1 three hour examination (100%)

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

None.

Overview

Seminar topics have been chosen to give students a good knowledge of international commercial arbitration law. The topics covered will be:

(1) Introduction to International Commercial Arbitration
(2) The Role of the Seat
(3) Arbitration Agreement and Arbitral Jurisdiction
(4) Applicable Substantive Law
(5) The Arbitral Tribunal
(6) Arbitral Procedure and Evidence
(7) The Arbitral Award.

Structure

One two-hour introduction, seven two-hour lectures, one two-hour revision meeting and two hours of scheduled discussion groups.

Assessment

First attempt: 4000 word essay (40%) 4000 word essay (40%)
MyAberdeen Discussion Group (10% participation 10% contribution) (see teaching box above)

Resit: 1 three hour written examination (80%) (Previous MyAberdeen Discussion Group (10% participation 10% contribution).

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

None

Overview

Seminar topics have been chosen to give students a good knowledge of international commercial arbitration law. The topics covered will be:

(1) Introduction to International Commercial Arbitration
(2) The Role of the Seat
(3) Arbitration Agreement and Arbitral Jurisdiction
(4) Applicable Substantive Law
(5) The Arbitral Tribunal
(6) Arbitral Procedure and Evidence
(7) The Arbitral Award.

Structure

One two-hour introduction, seven two-hour lectures, one two-hour revision meeting and two hours of scheduled discussion groups.

Lectures will be recorded and made available to distance learning co-hort through MyAberdeen.

Assessment

First attempt: 4000 word essay (40%) 4000 word essay (40%)
MyAberdeen Discussion Group (10% participation 10% contribution) (see teaching box above).

Resit: 1 three hour written examination (80%) (Previous MyAberdeen Discussion Group (10% participation 10% contribution).

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

None.

Overview

Seminar topics have been chosen to give students a good knowledge of international commercial arbitration law. The topics covered will be:

(1) Introduction to International Commercial Arbitration
(2) The Role of the Seat
(3) Arbitration Agreement and Arbitral Jurisdiction
(4) Applicable Substantive Law
(5) The Arbitral Tribunal
(6) Arbitral Procedure and Evidence
(7) The Arbitral Award

Structure

One two-hour introduction, seven two-hour lectures, one two-hour revision meeting and two hours of scheduled discussion groups.

Assessment

First attempt: 4000 word essay (40%) 4000 word essay (40%)
MyAberdeen Discussion Group (10% participation 10% contribution) (see teaching box above).

Resit: 1 three hour written examination (80%) (Previous MyAberdeen Discussion Group (10% participation 10% contribution).

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

None.

Overview

Seminar topics have been chosen to give students a good knowledge of international commercial arbitration law. The topics covered will be:

(1) Introduction to International Commercial Arbitration
(2) The Role of the Seat
(3) Arbitration Agreement and Arbitral Jurisdiction
(4) Applicable Substantive Law
(5) The Arbitral Tribunal
(6) Arbitral Procedure and Evidence
(7) The Arbitral Award

Structure

One two-hour introduction, seven two-hour lectures, one two-hour revision meeting and two hours of scheduled discussion groups.

Lectures will be recorded and made available to distance learning co-hort through MyAberdeen.

Assessment

First attempt: 4000 word essay (40%) 4000 word essay (40%)
MyAberdeen Discussion Group (10% participation 10% contribution) (see teaching box above).

Resit: 1 three hour written examination (80%) (Previous MyAberdeen Discussion Group (10% participation 10% contribution).

Credit Points

15

Course Coordinator

Dr Catherine Ng

Pre-requisites

Registration on any PG Cert Law , PG Dip Law or LLM programme.

Notes

Overview

Lectures:
1. Induction (1 hr)
2. Information Retrieval (2 hrs)
3. Critical Thinking (2 hrs)
4. Argument Construction – an anatomy (2 hrs)
5. Legal Scholarship (2 hrs)

The contents of lectures may shift to suit student needs at each particular session.

Workshops:
1. Library retrieval tools (3 x 2 hr)
2. Avoiding Plagiarism (2 hr)

Tutorial: deriving a thesis statement (1 hr/group)

Structure

5 lectures, 9 hours in total; 4 2 hour workshops; 1 1 hour tutorial.

Assessment

First attempt: Assessment will be based upon course attendance and submission of a compulsory 500-word written exercise. All students will have to satisfactorily attend all lectures and workshops, and complete all assignments (counting and non-counting) in the same half session in which they register (see point 22).

The course will be assessed on a pass/fail basis only.

Resit: Re-attendance of course in the following half session.

Credit Points

30

Course Coordinator

Dr Jonathan Fitchen

Pre-requisites

N/A

Overview

• Jurisdiction: EU and global/third states
• Choice of court clauses: EU and global/third states
• International Commercial Arbitration and arbitration clauses
• Conflicts of jurisdiction in International Commercial Arbitration
• Forum-shopping: EU and global
• Practical drafting issues

Structure

6 two hour seminars together with an introduction and revision meeting.

Assessment

First Attempt: 1 three hour written examination (75%); continuous assessment (25%). Format of essay is 2500 words excluding footnotes and bibliography.
Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Dr A Brown

Pre-requisites

N/A

Overview

The course considers key issues relating to international intellectual property law which may vary from year to year consistent with the legal and social evolution of the field; the course will explore copyright, patents, designs, their relationship with regional and international treaties and international organisations; key themes will be drawn together in a practical presentation session.

Structure

10x2 hour seminars, weekly unless otherwise arranged, including induction session and revision session.

Assessment

First Attempt: 90% 3-hour examination and 10% oral presentation.
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Katarina Trimmings

Pre-requisites

N/A

Notes

Overview

Indicative syllabus:

• Origins of Private International Law

• Hague Conference on Private International Law

• Theory and Methods in Private International Law

• Conceptual Devices in Choice of Law: Classification, Renvoi and the Incidental Question

• International Mandatory Rules and Public Policy in Choice of Law

• European Union and the Development of Private International Law.

Structure

1 x introductory session, 7 x two hour seminars, 1 x concluding session.

Assessment

First attempt: 1 x three-hour written examination (75%) and 1 essay (25%)

Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Dr Jonathan Fitchen

Pre-requisites

N/A

Overview

The course will consider the following general issues but will reflect such specific and topical issues as may emerge from current Competition Law practice.

1. The purpose of Competition Law and its theoretical justification in European and US Laws.
2. Article 101 TFEU the anti-cartel provision of European Competition Law.
3. Article 102 TFEU the anti-monopoly / anti-abuse provision of European Competition Law.
4. Merger Control in the European Union.
5. The enforcement of Competition Law by the European Commission (including the European Leniency and Settlement Programmes).
6. The legal issues arising from the private enforcement of European Competition Law before national courts.

Structure

1 one hour introductory lecture and 6 two hour lectures plus 6 two hour seminars.

Assessment

First attempt: 3 hour examination.

Re-sit attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Ms Donna McKenzie Skene

Pre-requisites

N/A

Overview

The course will explore theory and practice relating to domestic insolvency law in selected jurisdictions and international insolvency law. The selected jurisdictions and topics may vary according to what is topical, but will include: theory and general principles of insolvency law; introduction to domestic insolvency law in selected jurisdictions (currently Scotland, the US and Germany); general problems and issues of principle relating to international insolvency; the EU Regulation on Insolvency Proceedings; domestic law provisions regulating international insolvency in selected jurisdictions (currently Scotland and Germany); the UNCITRAL Model Law on Cross-Border Insolvency and its implementation in selected jurisdictions (currently Scotland and the US).

Structure

There will be 8 two hour seminars, including an introductory seminar, at weekly intervals with structured gap weeks.

Assessment

1st attempt: 1 formative non-assessed essay (1,000 words), 1 assessed essay of 2,500 words (25%) and 1 three hour written exam (75%).

Resit: 100% examination, to be taken at the next diet.

Credit Points

30

Course Coordinator

Professor Peter Duff

Pre-requisites

N/A

Overview

Various topics in criminal justice, for instance: prosecution systems, the role of the victim, the position of the accused, plea-bargaining, appeals, modelling criminal justice systems.

Structure

1x introductory session, 6 two hour seminars devoted to specific topics, one or two informal one-hour meetings for general discussion, 1 x round-up session.

Assessment

First Attempt: One two hour written examination (67%) and one 3,000 word essay (33%).

Re-sit Attempt: 2 hour examination.

Credit Points

30

Course Coordinator

Professor John Paterson

Pre-requisites

N/A

Overview

The content of the course may vary from year to year to reflect emerging issues, but the following is an indication of the sorts of topics to be covered.

1. Energy security – international agreements
2. Petroleum Licensing
3. Production Sharing Agreements - overview
4. Production Sharing Agreements – specific issues (eg fiscal, dispute resolution, etc.)
5. Technical Service Agreements
6. International maritime boundaries and Joint Development Agreements

Structure

Two introductory lectures courses, at least six seminars, and a revision/exam technique session.

Assessment

First Attempt: One 2,000 word essay (25%) and one three-hour written examination (75%)

Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

N/A

Overview

1. Introduction, Historical and Theoretical Background, and Institutional Developments

2. WTO Dispute Resolution System

3. WTO Core Principles I: General Introduction, Non Discrimination – MFN

4. WTO Core Principles II: Non-Discrimination – National Treatment

5. Exceptions to the Core Principles

6. Trade and Environment, Trade and Human Rights, Trade and Labour Rights

7. Other Important Exceptions—Economic Emergencies; Free Trade Areas; National Security

Structure

7 seminars (including the introductory seminar) to be conducted over the course of the half session. Depending on class numbers lectures may be substituted.

6 compulsory (non-assessed) topic discussions via MyAberdeen.

Assessment

1st attempt: 3 hour open folder examination (100%). Students must have also participated in each (non-assessed) topic discussion via MyAberdeen.

resit: 3 hour open folder examination (100%)

Credit Points

15

Course Coordinator

Dr Susan Stokeld and George Esson

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Notes

Overview

The course will adopt a transaction based approach to Conveyancing. The course will cover: registration of title system in general and specific aspects of registration of title in particular; the steps involved in selected types of conveyancing transaction; particular issues raised by specific types of conveyancing transaction; selected aspects of leases and related matters including tax, ethical, practice management and client care aspects of conveyancing. Key conveyancing skills will also be covered such as communication with clients, drafting, negotiation, and transaction based research.

Structure

12 two hour seminars plus 2 one hour lectures. The course will also include a visit to the Aberdeen Solicitors Property Centre and a presentation from the Registers of Scotland.

Assessment

The assessment consists of 5 discrete elements including participation and professionalism (pass/fail).Students must pass all 5 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the 4 summative elements of assessment.

Resit: students are able to resit elements 1-4 of the assessment.

Credit Points

15

Course Coordinator

Dr Susan Stokeld and George Esson.

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Notes

Overview

The course will adopt a transaction based approach to Private Client. The course will cover: taking instructions for a will; drafting testamentary documentation; practical issues concerning intestacy; executry administration; trusts; incapacity; investment and tax planning advice; and related matters including tax, ethical, practice management and client care aspects of Private Client. Key Private Client skills will also be covered such as communication with clients, drafting and transaction based research.

Structure

11 two hour seminars plus 1 three hour seminar and 1 one hour lecture.

Assessment

The assessment consists of 6 discrete elements including participation and professionalism (pass/fail).Students must pass all 6 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the 5 summative elements of assessment.

Resit: students are able to resit elements 1-5 of the assessment.

Credit Points

15

Course Coordinator

Dr Susan Stokeld, John Adam and Gordon McCallum.

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects.

Notes

Overview

A transaction based approach to Litigation. The course will cover: the Criminal Legal Aid scheme, the rules of criminal procedure and appeal routes, the conduct of pleas in mitigation, intermediate diets and trials, the funding of civil procedure, the concepts of specification and relevancy in civil procedure, Court of Session procedure and processes, actions competent in the sheriff court and appeal routes, client interviews, drafting pleadings, the conduct of an options hearing and a proof, settlement issues and related matters including tax, ethical, practice management and client care aspects of litigation. Key litigation skills will also be covered such as communication with clients, drafting, advocacy, and transaction based research.

Structure

24 two hour seminars [weeks 4 – 9 will have 2 seminars per week] and 1 one hour lecture. The course will also include a SLAB workshop.

Assessment

The assessment consists of 9 discrete elements including participation and professionalism (pass/fail). Students must pass all 9 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 8 elements of assessment.

Resit: students are able to resit elements 1-8 of the assessment.

Credit Points

15

Course Coordinator

Dr Susan Stokeld, Michael McMillan.

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Notes

Overview

The course will adopt a transaction based approach to business and financial awareness, practice awareness and the development of ethical practice. The course is divided into two parts. Part 1 will cover: business structures and investment; the regulatory and fiscal framework within which business operates; a team working exercise which involves the set-up of a virtual law firm and construction of key business and practice policies and documentation; management of time and risk capability in legal transactions/matters; company accounts analysis; loan finance; financial advice; financial services. An Investment Game runs throughout the first part of the course where each student manages a share portfolio. Part 2 will cover: the ethics of creating and managing a client relationship; confidentiality and conflict; and duties and discipline. Key skills will also be covered such as communication with clients, team working, drafting, and transaction based research.

Structure

9 two hour seminars and 5 one hour lectures.

Assessment

The assessment consists of 8 discrete elements (1 of which is a group exercise compromising 4 discrete elements) including participation and professionalism (pass/fail). Students must pass all 8 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 7 elements of assessment.

Resit: students are able to resit elements 1-7 of the assessment.

Credit Points

30

Course Coordinator

Dr Anatole Boute

Pre-requisites

N/A

Overview

- Indirect Regulation
- Direct Regulation
- Principles of Environmental Law
- Environmental Law and Human Rights
- Sustainability and Property Rights
- Environmental Justice
- Essay: theory and writing skills
- Presentation skills

Structure

One Introductory lecture, 8 two hour seminars and 1 guest lecture, and one concluding session.

Assessment

First Attempt: 2 hour exam (2 questions out of 5): 50 %; 2,500-word essay: 30 %; and group presentation: 20 %.

Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Justin Borg-Barthet

Pre-requisites

N/A

Overview

The course will include seminars on the following matters:

Party Autonomy and Public Interest in Choice of Law
Choice of Law in Contract
Choice of Law in Tort
Choice of Law for Companies: Theories
Choice of Law for Companies: Application (EU).

Structure

8 two-hour seminars.

Assessment

1 three hour written examination (60%); continuous assessment (40%). Students will be required to prepare two essays.

Resit: 100% three-hour examination, to be taken at the next diet.

Credit Points

30

Course Coordinator

Anatole Boute

Pre-requisites

N/A

Overview

The rapid increase in the number of arbitral awards in recent years has highlighted the challenge for host states of creating an attractive investment climate and at the same time safeguarding sufficient regulatory space to pursue public policy objectives. The complex interaction between foreign investment protection and the regulatory sovereignty of states has been most acute in the energy sector. Energy investments are capital intensive and characterized with a long-term pay-back period. Investors therefore require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other hand, states are tempted to interfere with foreign energy investments because of their particular strategic and social importance. The purpose of this course is to explore the complex interaction between foreign investment protection and states’ regulatory sovereignty in international investment arbitration cases concerning the energy sector. This course aims to analyse if existing investment protection standards are adapted to the specific regulatory and political risks that investors face in the energy landscape of the 21st Century.

Structure

One two-hour introduction, seven two-hour seminars, one two-hour revision meeting and three two-hour moot sessions.

Lectures will be recorded and made available to distant learning co-hort through MyAberdeen.

Assessment

50% 3 hour examination and 50% individual 4000 word essay.

Resit: 1 three hour written examination (100%).

Credit Points

30

Course Coordinator

Professor John Paterson

Pre-requisites

Only available to those enrolled on the NSELP programme.

Overview

1. Energy Charter Treaty, WTO, NAFTA, etc.
2. Energy Trade
3. Investment Protection
4. Disputes Settlement and Arbitration
5. Security of Supply – Principles and Programmes
6. Nuclear Energy
7. Environmental Safety and Downstream Safety
8. Upstream Health and Safety

Structure

The course will be taught intensively over a two-week block, preceded by preparation by students and followed by submission of a piece of coursework.

Assessment

1st attempt: One presentation (25%); one 5,000 word essay (75%).

Resit: One 5,000 word essay.

Credit Points

30

Course Coordinator

Dr Dirk Hanschel

Pre-requisites

N/A

Overview

The course deals with the creation of international organisations, their legal powers and limitations in various fields of international relations. Looking at the United Nations, the ILO, the International Financial Institutions and the International Energy Agency as well as regional institutions such as the OSCE, the Council of Europe and the European Union it provides a broad sample of IO structures which leads to more general conclusions as to the role which IOs play in the international arena.

Structure

1 hour introductory lecture followed by 8 two hour seminars and concluding with 1 two hour revision session.

Assessment

First attempt: 30% coursework (2500 words) and 70% exam (2 hours).

Resit: 100% two hour examination, to be taken at the next diet.

Credit Points

30

Course Coordinator

Dr Zeray Yihdego

Pre-requisites

N/A

Overview

Part I - Introduces IHL
- a) nature, sources and scope of IHL;
- b) basic principles of IHL—distinction, humanity, proportionality, necessity; and
- c) IHL and general international law.
Part II - The Conduct of Hostilities
- a) combatant status, definition & controversies;
- b) the conduct of combat and the Protection of combatants –rules;
- c) the protection of civilians; and
- d) legal controls on weapons.
Part III - Protection of victims of Armed Conflict:
- a) Prisoners of war , the wounded, sick and shipwrecked, and civilians.
Part IV- Particular Types of Conflict:
- a) belligerent occupation—the rights and duties of the occupying power vs. the population;
- b) peacekeeping and peace enforcement and IHL; and
- c) Internal armed conflict.
Part V - Implementation and Enforcement
- a) dissemination and enforcement of IHL—general principles, difficulties, duty to disseminate, protecting power, and the role of the ICRC;
- b) criminal sanctions.

Structure

1 one and a half hour introductory lecture followed by 8 two hour seminars and concluding with 1 one hour revision session.

Assessment

First attempt: 30% coursework (2500 words) and 70% exam (2 hours).

Resit: 100% two hour examination, to be taken at the next diet.

Credit Points

30

Course Coordinator

Professor Florian Becker

Pre-requisites

N/A

Notes

Overview

Constitutional framework of the EU intervening into the economic system; basic assumptions on the relationship of state(s) and economic systems; fundamental rights and freedoms (of services, goods and capital) as a framework of economic activity; selected topics of EU economic law: state aids, state owned companies, public procurement; economisation of other areas of EU-law (e.g. environmental law).

Structure

1 introductory class, 6 two hour seminars, 1 revision class.

Assessment

First Attempt: One 4000 word essay (40%); one 3-hour written examination (60%)
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Irène Couzigou

Pre-requisites

N/A

Overview

The course aims to analyse how international law regulates the use of force between States. It is of interest to every student who wants to understand the legal considerations which frame contemporary conflicts, including conflicts in securing energy supply. The course will first analyse the fundamental principle of the prohibition of the use of force between States. It will then examine the current exceptions to this principle, and, further, what types of arguments States tend to use to “justify” the use of force in international relations, and how international legal scholars have addressed this issue. In doing so, the course will study how the international community has reacted to the most recent use of force on the international plane, in particular in Kosovo, Afghanistan, Iraq, Lebanon, Libya and Mali. Finally, the course will consider the limits of the legal standards concerning the use of force to react against a new threat to international peace and security: cyber attacks.

The course will include:

(1) Introduction to the course
(2) The prohibition on the use of force
(3) Authorisation by the UN Security Council to use force
(4) The right to self-defence
(5) The controversial scope of the right to self-defence
(6) Oral presentations by students
(7) Humanitarian intervention
(8) Responsibility to protect
(9) Cyber attacks and international law on the use of force
(10) Correction of the essay and preparation of the exam.

Structure

Teaching will be delivered through at least 10 discussion based seminars, taking place for two hours.

Assessment

First attempt: 2,500 word essay (25%); examination of 3 hours (75%).

Re-sit Attempt: 3 hour examination (100%).

Credit Points

30

Course Coordinator

Dr Catherine Ng

Pre-requisites

N/A

Overview

This course takes a critical view of the developments, within their commercial and social contexts, of trade mark laws, both statutory and common law. Among the issues addressed are how these developments in the laws have been influenced by commercial concerns, and how these developments have been influential to brand development within the commercial sector and public discourse. The course will also attempt to trace the trajectory of future developments in the laws and considers the boundaries which should and which currently do define these laws.

Structure

Six 2-hour fortnightly seminars

Assessment

First Attempt: 1 assessed essay of no more than 2500 words (25%); 1 three hour written examination (75%)
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Justin Borg Barthet

Pre-requisites

N/A

Overview

This course will give students an understanding of the choice of law issues that are relevant in international business transactions. Topics covered include:
1. theoretical concepts
2. party autonomy in contracts
3. absence of choice
4. choice of law in delict.

Structure

One introductory session
6 x two-hour seminars
One revision class.

Assessment

First attempt: One three-hour written examination (75 %); continuous assessment (25 %). Class essay 2500 words in length (word limit excludes footnotes and appendices).
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Aylwin Pillai

Pre-requisites

N/A

Overview

The course aims to analyse the principle of sustainable development. Sustainable development is widely recognised as a central principle in the development of international environmental law. It has influenced various international organisations including the World Bank and the UNDP and has been as adopted as policy by numerous governments throughout the world at national, regional and local levels. Sustainable development is, at heart, a recognition the need for the integration of environmental protection and economic development. Some comprehension of sustainable development is essential in almost any field impacting upon the environment and interacting with environmental law. The significance of sustainable development in the evolution of international law can be seen in the Gabcikovo-Nagymaros Case. The best known ‘definition’ is found in the World Commission on Environment and Development (Brundtland) Report, Our Common Future, which described it as development that ‘meets the needs of the present without compromising the ability of future generations to meet their own needs’. The procedural and substantive elements of the principle were fleshed out in the Rio Declaration. However, there remain fundamental uncertainties about the nature of sustainable development and its role as a legal principle which will be explored throughout this course.

Structure

1 two hour introductory lecture, 5 two hour seminars, at least 1 two hour presentation preparation class, 1 two hour presentation assessment class, 1 two hour revision seminar.

Assessment

First Attempt: 1 two hour examination (50%); group presentation (20%); 3500 word assessed essay (30%).
Re-sit Attempt: one two-hour examination (100%).

Credit Points

30

Course Coordinator

Dr Tom Burns

Pre-requisites

N/A

Overview

The course content will include legal aspects of the following:

SHARE CAPITAL

Allotted capital
Rights attaching to shares
Legal nature of shares
Types of shares
Classes of shares (including golden shares)
Variation of class rights

Maintenance and reduction of capital
Financial assistance

Raising finance from the capital markets
Overview of the markets (LSE, AIM, PLUS)
Initial public offers (IPOs)
Rights issues
Impact of EC Law (e.g. Prospectus Directive, etc)
Market abuse and insider dealing

Retained profits & profit distribution:
The law on Distributions
Share buy-backs
"Short-termism" and under-investment

LOAN CAPITAL

Topics to be covered:
General considerations of debt finance (such as the forms it can take, like overdrafts, term loans, factoring etc)
Secured debt (fixed and floating charges)
Warranties and covenants (consideration of recent trends towards so-called "cov-lite" loans and the implications for this in terms of liquidity and insolvency)
Subordinate debt arrangements
Long term debt finance (securitisation)

Hybrids (An examination of the controversy over how these should be categorised. Are they debt or equity?):
Convertibles/convertible bonds
Subordinated debt/bonds
Preference shares

Structure

A mix of lectures and seminars over the 16 timetabled teaching sessions.

Assessment

1st attempt: One 5,000 word essay (50%) and one 2 hour exam (50%).

Resit: As above, one resit attempt to be permitted and taken at the next available exam diet.

Credit Points

30

Course Coordinator

Dr Catherine Ng

Pre-requisites

N/A

Overview

This course considers how the intellectual property right and the human right approaches may conflict with or complement each other, and how they may help or hinder global and regional development. Topics may vary from year to year and may include access to medicine, the exploitation of traditional medical knowledge, the access to educational materials, the exploitation of folklore and designs, and the use of geographical indications for trade.

Structure

Six 2-hour fortnightly seminars.

Assessment

First Attempt: 1 assessed essay of no more than 2500 words (25%); 1 three hour written examination (75%)
Re-sit attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Anatole Boute

Pre-requisites

N/A

Overview

The rapid increase in the number of arbitral awards in recent years has highlighted the challenge for host states of creating an attractive investment climate and at the same time safeguarding sufficient regulatory space to pursue public policy objectives. The complex interaction between foreign investment protection and the regulatory sovereignty of states has been most acute in the energy sector. Energy investments are capital intensive and characterized with a long-term pay-back period. Investors therefore require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other hand, states are tempted to interfere with foreign energy investments because of their particular strategic and social importance. The purpose of this course is to explore the complex interaction between foreign investment protection and states’ regulatory sovereignty in international investment arbitration cases concerning the energy sector. This course aims to analyse if existing investment protection standards are adapted to the specific regulatory and political risks that investors face in the energy landscape of the 21st Century.

Structure

One two-hour introduction, seven two-hour seminars, one two-hour revision meeting and two one-hour moot sessions.

Assessment

First attempt: 50% 3 hour examination and 50% individual 4000 word essay.
Resit: 1 three hour written examination (100%).

Credit Points

30

Course Coordinator

Dr Jonathan Fitchen

Pre-requisites

N/A

Overview

The course will consist of the following topics:-
1) The sources of International Trade Law and the legal issues arising for buyer and seller in an international sale of goods transaction,
2) The Sale of Goods Act 1979 (as amended) and the United Nations Convention on Contracts for the International Sale of Goods (CISG),
3) Trade Terms / Incoterms and documentary sales,
4) International Documentary Letters of Credit,
5) International Commercial Litigation in the Sale of Goods context,
6) International Commercial Arbitration in the Sale of Goods context.

Structure

1 one and a half hour introductory lecture followed by 6 two hour seminars and concluding with 1 two hour revision session.

Assessment

First Attempt: 100% 3 hour open folder examination.
Re-sit Attempt: 100% 3 hour open folder examination.

Credit Points

30

Course Coordinator

Professor Paul Beaumont

Pre-requisites

N/A

Overview

A clear overview of the successful family law conventions made at the Hague Conference on Private International Law. An analysis of the working methods of the Hague Conference in making, reviewing and helping to ensure uniform interpretation of Conventions. An overview of the EU Regulations on private international law of family law and a good understanding of the EU’s role in making, reviewing and helping to ensure uniform interpretation of EU Regulations on private international law of family law. A thorough knowledge of the Hague Conventions on child abduction (1980), intercountry adoption (1993) and maintenance (2007). A thorough knowledge of the Brussels IIbis Regulation as it relates to child abduction and of the EU Maintenance Regulation. A good understanding of private international law relating to surrogacy with an international element.

Structure

One two hour seminar per fortnight plus a two hour introductory seminar and a two hour revision seminar.

Assessment

First Attempt: 1 three hour written exam (75%); 1 3000 word essay (25%).
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Mátyás Bodig

Pre-requisites

N/A

Overview

- General Introduction to International Human Rights Law
- Enforcement Mechanisms in International Human Rights Law
- Civil and Political Rights I (Torture)
- Civil and Political Rights II (Freedom of Religion)
- Economic and Social Rights I (The Issue of the Justiciability of Economic and Social Rights)
- Economic and Social Rights II (Human Rights and the Issue of Poverty)
- Third Generation Rights (Right to Self-Determination)

Structure

1x introductory session, 7 x two hour seminars, 1 x concluding session.

Assessment

First Attempt: 70% 3-hour examination; 30% continuous assessment (3.000 word essay on topical issues in international human rights law)
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Professor Pete Duff

Pre-requisites

N/A

Overview

Various major topics in criminal evidence, for instance: expert evidence; hearsay; the right to confrontation; corroboration; similar facts evidence; vulnerable witnesses; reverse presumptions.

Structure

1x introductory session, 6 two hour seminars devoted to specific topics, one or two informal one-hour meetings for general discussion, 1 x round-up session.

Assessment

First Attempt: One two hour written examination (67%) and one 3,000 word essay (33%).
Re-sit Attempt: 2 hour examination.

Credit Points

30

Course Coordinator

Dr Jonathan Fitchen

Pre-requisites

None.

Overview

The course will consist of the following topics:-
1) The contract of affreightment,
2) Charterparties – Demise Charterparties, Voyage Charterparties and Time Charterparties,
3) Bills of Lading – operation / legal issues (also a bit on Waybills) ,
4) Comparing the mandatory rules provided by the Hague Rules, the Hague-Visby Rules and the Hamburg Rules,
5) The impact of the Rotterdam Rules,
6) International Commercial dispute resolution, Arbitration and Litigation.

Structure

1 one and a half hour introductory lecture followed by 6 two hour seminars and concluding with 1 two hour revision session.

Assessment

First attempt: 100% 3 hour open folder examination.
Resit: 100% 3 hour open folder examination.

Credit Points

30

Course Coordinator

Emre Usenmez

Pre-requisites

None.

Overview

The course will cover the theoretical underpinnings of upstream taxation with a focus on economic rent. It will then look at the varying applications of that theory first within the contractual arrangements (ie. Production Sharing Agreements) with a focus on applicability of royalties, bonus payments, cost oil, and profit oil splits; then second in the UK Continental Shelf, where the focus will be on Petroleum Revenue Tax, Ring Fence Corporation Tax, and Supplementary Charge.

Structure

3 two-hour lectures and a 1 one-hour lecture including introduction and exam revision, plus 6 two-hour seminars and 1 two-hour in class assessment and exercise.

Assessment

First Attempt: 1 one-hour in-class examination (30%); 1 two-hour final examination (70%).

Re-sit Attempt: 2 hour examination.

Credit Points

30

Course Coordinator

Dr Anatole Boute

Pre-requisites

This course is available to students on the LLM Oil and Gas Law and LLM Climate Change Law and Sustainable Development Programme.

Overview

Electricity and natural gas are network-related industries. The supply of these energy sources to end consumers therefore presents specific regulatory challenges. These challenges are of particular importance in the context of the liberalisation of these sectors, i.e. the restructuring of these industries from monopolies to competitive markets. Will liberalised electricity and gas markets ensure security and reliability of energy supply? Will consumers be adequately protected against potential abusive behaviour of dominant market players? Is liberalisation compatible with the objectives of decarbonisation and environmental protection? The purpose of this course is to explore the law and policy framework governing energy supply in a liberalised market environment. Special attention is paid to the liberalisation experience in the European Union and Russia (case studies).

Structure

Teaching will be delivered through 6 discussion based seminars, an introductory overview class, presentation group meeting, presentation assessment class and a revision session (totalling 20 hours of contact time).

Assessment

First attempt: 60% 3 hour examination, 10% assessed group presentation and 30% individual 2500 word essay.

Resit: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Abbe Brown

Pre-requisites

N/A

Overview

To explore legal principles relevant to commercialising innovation, with regard also to commercial and social factors; particular focus will be placed on intellectual property, laws relevant to information control, licensing and litigation, European and international restrictions and requirements regarding intellectual property, and to new business models and the energy sector.

Structure

9x2 hour seminars, weekly unless otherwise arranged, including induction session and revision session.

Assessment

First attempt: 70% 3 hour examination and 30% essay.

Resit: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Tom Burns

Pre-requisites

N/A

Overview

-Comparative company law in the context of globalisation
-The parameters of comparative company law
-A comparative review of selected national company laws
-Limits to limited liability: a comparative review of the rules on lifting the veil of incorporation
-A comparative study of directors’ duties
-The multinational company.

Structure

1 x introductory session; 7 x two hour seminars and 1 x concluding/revision seminar.

Assessment

First attempt: 1 x 3,000-word essay worth 25% and a final 3-hour exam worth 75%.

Resit: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Zeray Yihdego

Pre-requisites

N/A

Overview

The development and ambit of international criminal law

Crimes against International Law - Individual responsibility, immunities and defences

Extradition and Mutual Legal Assistance

Alternatives to Extradition and Mutual Assistance

Genocide and Crimes against Humanity

Crime of Aggression

War Crimes

Prosecution of International Crimes.

Structure

1 one hour introductory lecture.

8 two hour seminars each generally occur fortnightly.

1 one hour revision lecture.

Assessment

First Attempt: 1 two hour written examination (50%) and 1 assessed essay (50%)

Re-sit Attempt: 2 hour examination.

Credit Points

30

Course Coordinator

Emre Usenmez

Pre-requisites

N/A

Overview

The course will begin with discussing some of the relevant regulatory theories. Once the theoretical foundations are discussed the course will examine the applications of those theories within the offshore upstream sector. As such, the course will cover the regulations surrounding those issues on access to infrastructure, decommissioning, health and safety, and environment. The course will also look at those initiatives the government has taken that have a regulatory effect.

Structure

2 two-hour lecture and a 1 one-hour lecture first week as introduction. Thereafter, combination of lectures and seminars totalling 4 two-hour lectures including exam revision, and 5 two-hour seminars.

Assessment

First Attempt: 1 three-hour examination (75%); 1,000–2,000-word written assessment with practice focus (20%); in-class presentation (5%).

Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Olivia Woolley

Pre-requisites

N/A

Overview

A transition from reliance on fossil fuels to low-carbon renewable energy is essential for mitigating climate change and for making energy supplies more sustainable. The course considers the challenges and concerns that this fundamental change in the nature of energy supplies gives rise to, and examines law’s role in addressing them. The course covers the relationship between international law (particularly the climate change regime) and the worldwide expansion of renewable energy, legal measures for supporting renewable energy production and transmission in the EU and the UK, the important roles of planning systems and development consent regimes in promoting renewable energy and addressing its environmental impacts and public opposition to renewable energy developments, and the legal issues raised by the rapid expansion of offshore energy generation. The course focuses on EU and UK law, but will also draw from international law and laws in other EU Member States.

Structure

An introductory lecture (one hour), 6 two hour seminars, 1 three hour presentation assessment class and a revision session (one hour).

Assessment

First Attempt: 3 hour exam
(60%); 1,500-word essay (20%); group presentation (20%).

Re-sit Attempt: 3 hour examination.

Credit Points

15

Course Coordinator

Dr Susan Stokeld and Malcolm Gunnyeon

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects;

Notes

Overview

The course will adopt a transaction based approach to civil litigation and build on the knowledge and experience students gained from the core Litigation course. The course will cover: the conduct of 2 case scenarios which will involve preparation and conduct of both a debate and a proof; client interviews; precognition taking; preparation of different types of civil pleadings; students will practice by role play the skills required to prepare and conduct civil cases in the sheriff court; summary cause and small claims procedures.

Structure

11 two hour seminars and 1 three hour lecture.

Assessment

The assessment consists of 7 discrete elements, including participation and professionalism (pass/fail). Students must pass all 7 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 6 elements of assessment.

Resit: students are able to resit elements 1-6 of the assessment.

Credit Points

15

Course Coordinator

Dr Susan Stokeld

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Notes

Overview

The course will adopt a transaction based approach to contracts. The course will cover: contractual drafting; contracts of sale; consumer contracts; Heads of Terms and offers; common law and implied terms; Share Purchase Agreement and Boilerplate clauses: Transfer of Undertakings (Protection of Employment) Regulations 2006; intellectual property; warranties and indemnities; Bribery Act 2010; assignation, assignment, novation and variations; exiting commercial contracts. Key skills will also be covered such as communication with clients, analysing key risk areas in relation to technical and legal matters, drafting, negotiation, and transaction based research.

Structure

12 two hour seminars.

Assessment

The assessment consists of 6 discrete elements, including participation and professionalism (pass/fail). Students must pass all 6 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 5 elements of assessment.

Resit: students are able to resit elements 1-6 of the assessment.

Credit Points

15

Course Coordinator

Dr Susan Stokeld and David McEwing

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subject.

Notes

Overview

The course will adopt a transaction based approach to Corporate Finance and Acquisition. The course will cover: a role play scenario where students will work in groups acting for the purchaser and seller throughout the key stages of an acquisition transaction; drafting preliminary documentation; creation of a company as an acquisition vehicle; financial aspects of the deal; diligence and disclosure; the Share Purchase Agreement; the completion process including a mock completion meeting and post completion matters. Key skills will also be covered such as communication with clients, drafting, negotiation, and transaction based research.

Structure

11 two hour seminars and 1 one hour lectures.

Assessment

The assessment consists of 7 discrete elements (2 of which are group assessments), including participation and professionalism (pass/fail). Students must pass all 7 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 6 elements of assessment.

Resit: students are able to resit elements 1-6 of the assessment

Credit Points

15

Course Coordinator

Malcolm Combe

Pre-requisites

A degree in law from a Scottish university or equivalent containing in the exempting professional subjects

Notes

Overview

The course will adopt a transaction based approach to Dispute Resolution. The course will cover: information gathering for dispute definition; scoping the dispute and the client’s attitudes to its resolution; development of a planned style and strategy for negotiation; conduct of a negotiation; mediation; expert referral; arbitration; enforcement in dispute resolution. Key skills will also be covered such as interviewing, listening, advising, persuading, processing conflicting information, client care, drafting and transaction based research.

Structure

12 two hour seminars.

Assessment

The assessment consists of 5 discrete elements, including participation and professionalism (pass/fail). Students must pass all 5 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 4 elements of assessment.

Resit: students are able to resit elements 1-4 of the assessment.

Credit Points

15

Course Coordinator

Dr Susan Stokeld and Mubasher Choudry

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Notes

Overview

The course will adopt a transaction based approach to Family Law. The course will cover: taking part in role play scenarios relating to disputes involving divorce, cohabitation and parental rights; taking instructions in a family law dispute; writing positional letters; drafting appropriate court documentation; negotiations which involve the parties and solicitors; interim interdict hearing; and child welfare hearing. Key skills will also be covered such as communication with clients, client care, drafting, negotiation, and transaction based research.

Structure

9 two hour seminars and 3 three hour seminars.

Assessment

The assessment consists of 6 discrete elements, (1 of which is a group assessment) including participation and professionalism (pass/fail). Students must pass all 6 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 5 elements of assessment.

Resit: students are able to resit elements 1-5 of the assessment.

Credit Points

15

Course Coordinator

Dr Susan Stokeld

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Notes

Overview

The course will adopt a transaction based approach to Energy Law. The course will cover: the oil and gas licensing regime; the broader context within which the oil and gas industry operates; Joint Operating Agreements; exclusivity agreements; Joint Bidding Agreements; exclusion/indemnity clauses and risk allocation; access to infrastructure; renewable and planning issues; servitudes; health & safety and the environment qualifying disclosures and protected disclosures; the legal framework concerning decommissioning; the role of the media with particular reference to the Brent Spar incident; the regulatory issues and responsibilities in the event of an oil rig disaster. Key skills will also be covered such as communication with clients, drafting, negotiation, and transaction based research.

Structure

9 two hour seminars and 3 one hour lectures.

Assessment

The assessment consists of 5 discrete elements, including participation and professionalism (pass/fail). Students must pass all 5 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 4 elements of assessment.

Resit: students are able to resit elements 1-4 of the assessment.

Credit Points

15

Course Coordinator

Dr Susan Stokeld and Christine McCrossan

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects.

Notes

Overview

The course will adopt a transaction based approach to Employment Law. The course will cover the principles of employment law and the practical workings of a range of employment law issues including: the statutory terms and condition of employment; service agreements; the role of ACAS; statutory disciplinary and grievance procedures; the role and procedures of Employment Tribunals. Key skills will also be covered such as communication with clients; client and witness interviews; advocacy skills; drafting, negotiation, and transaction based research.

Structure

11 two hour seminars and 2 one hour lectures.

Assessment

The assessment consists of 7 discrete elements, including participation and professionalism (pass/fail). Students must pass all 7 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 6 elements of assessment.

Resit: students are able to resit elements 1-6 of the assessment.

Credit Points

15

Course Coordinator

Dr Susan Stokeld and Vlad Valinete

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects.

Notes

Overview

The course will adopt a transaction based approach to Public Law & Administration. The course will cover an overview of the institutions of Public Law; an examination of planning law; issues dealing with education, housing and social work; an examination of Equality and Human Rights law. The course will include a themed case study which will be reviewed throughout the duration of the course. Key skills will also be covered such as communication with clients, drafting, negotiation, advocacy skills and transaction based research.

Structure

12 two hour seminars.

Assessment

The assessment consists of 6 discrete elements, (including participation and professionalism (pass/fail). Students must pass all 6 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 5 elements of assessment.

Resit: students are able to resit elements 1-5 of the assessment.

Credit Points

45

Course Coordinator

Colin Mackie

Pre-requisites

Registration for and successful progress through a full LLM. programme

Overview

Students will be instructed through the delivery of a preparatory lecture, at least two supervisory meetings and a two hour dissertation planning workshop in a small group setting. Students will also be expected to spend considerable time on independent research throughout the course of the dissertation module (including preparation of dissertation plan, amendment of plan inline with supervisory comments, preparation for the dissertation workshop, and, of course, in the final 10000 word dissertation itself).

Structure

Compulsory:
1x2 hour lecture in week 37
At least 2 x supervisory appointments with members of staff during weeks 41-44
1x2 hour dissertation workshop in week 49 or 50.
Optional:
Additional library workshops to enhance skills on searching legal databases, conducted during weeks 48-50

Assessment

1 x Approved Dissertation Plan (compulsory but formative)
1 x 10000 word Masters Dissertation (worth 100%)

Credit Points

30

Course Coordinator

Greg Gordon, Professor John Paterson

Pre-requisites

N/A

Notes

Overview

The course is delivered as a simulation. The students receive a briefing document giving background information to oil and gas production. They then play the role of an adviser in an oil and gas exploration and production company, receiving email requests from the VP Exploration to return information and briefings. Through meeting these requests the students will ‘build’ the business case presenting it first as presentation to a simulated Board and second as a report. They will also analyse the legal and regulatory issues arising throughout the development of the business case, preparing a second report.

Structure

5 days initial preparation
5 intensive days of the simulation exercise
5 days related to the analysis of legal and regulatory issues.

Assessment

Continuous assessment of briefing notes during simulation (Group work) (20%)
Group work presentation - 20 mins followed by Q&A (20%)
All group work includes peer assessment to inform markers.
Individual Report following simulation 5,000 words (30%)
Individual report relating to analysis of legal and regulatory issues (30%.)

Credit Points

45

Course Coordinator

Derek Auchie

Pre-requisites

N/A

Notes

Overview

The content of this course compliments and builds on existing knowledge established in LS5083 or LS5085. There are therefore three broad topics:

(1) The agreement to arbitrate
(2) Oral advocacy in international arbitration
(3) Written advocacy in international arbitration
(4) Procedural aspects of an international arbitration
(5) Award writing in international arbitration.

Within these three broad topics the following issues are addressed:

How to structure an arbitral agreement, pleadings, submissions and interlocutory applications
Types of interlocutory applications
Representation in arbitral proceedings
Selection and appointment of arbitrators
Institutional arbitral rules
Jurisdiction of the arbitral tribunal
Treatment of evidence in written and oral advocacy
Purpose, structure and formalities of an arbitral award.
Developing a reasoned award.
Challenge, recognition and enforcement of an arbitral award.

Structure

Ten days of intensive training (7 hours per day) over a period of two weeks, plus additional subsequent self study following completion of the taught element.

Assessment

5000 word submission for claimant (group work - 30%). 5000 words submission for respondent (group work - 30%). 15 minute presentation (10%). 2500 word arbitral award (30%).