Online Law 2020-2021

Those operating in the dispute resolution field need to understand some of the legal principles which underpin activity in this area. This course covers the main principles of contract law (which underpins the negotiation, arbitral and mediation contracts) tort/delict (which can be a basis for liability as an alternative to contract in arbitral proceedings) and some of the rules of civil evidence (which can apply in arbitration, with some implications around privilege and confidentiality for negotiation and mediation). This course can (along with other courses) contribute to Fellowship exemption with the Chartered Institute of Arbitrators.

This course offers students the opportunity to study the theory of mediation and to develop their skills in mediation practice. The course is designed to enable students to learn independently, with ongoing facilitation and support from experienced teaching staff. Students are encouraged to interact with tutors, peers and study groups to develop knowledge, understanding and interpersonal skills, which are critical for the effective practice of mediation. In addition, students will study conflict theory and communication skills, as well as the process and theory of different models of mediation and their application in the many areas where mediation is practised.

Students will be encouraged to critically reflect on their own styles and learning, a pre-requisite for effective mediation practice. It will look in detail at the full range of generic mediation skills, making it suitable for prospective mediators in all situations and jurisdictions.

A successful student will achieve a good understanding of the basic principles of conflict resolution with some practical experience of mediating disputes.

This course contributes (with the Advanced Mediation Practice course) to exam exemption towards Membership of the Chartered Institute of Arbitrators.

Arbitration is growing in popularity as a dispute resolution method across a variety of sectors, and internationally. The law in this area is technical and complex, and a full understanding of how it operates is essential for anyone advising clients, or framing contracts carrying arbitration clauses.

This course offers exemption from the Membership exams of the Chartered Institute of Arbitrators.

This course provides a detailed overview of key issues in the provision of access to petroleum resources and managing the relationship between the state and private sector.  Teaching  will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  The course will cover: the role and objectives of the state, the international oil company and the national oil company; licensing regimes (from a theoretical and comparative perspective); contractual access regimes, such as PSA and service contract; the comparison between the differing regimes.

This course provides a detailed overview of key issues in health and safety law and environmental regulation in the context of the oil and gas industry.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  The course will cover such topics as: regulatory theory (the different modes of regulation, including command and control and goal-setting), health and safety (with specific sub-topics to include the UK regime, the US regime, the Australian regime, Well integrity, Identity of regulator) and environmental regulation (public law, private law, prevention, liability, vulnerable areas).  This course is available to students registering for the Online LLM Oil and Gas Law programmes (Dissertation or Professional Skills).

This course provides a detailed overview of the international and domestic legal regulatory framework pertaining to the decommissioning of offshore oil and gas installations.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  Introduction to key decommissioning issues - Law cohort, Introduction to Law, International Law, Domestic Law, 1958 Convention, UNCLOS 1982, International Maritime Organization guidance , UK guidance approach, Stakeholder engagement, Norway - External colleagues, USA - External colleagues, South East Asia - External colleague, 1996 Protocol.  This course is available to students registering for the Online  LLM Oil and Gas Law programmes (Dissertation or Professional Skills) and MSC Decommissioning.

This course provides a detailed overview of the cooperative contracts utilised to govern the commercial relationship between oil and gas companies when they form consortia in order to bid for and develop oil and gas assets.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  The course will cover such topics as the purpose and key terms of Area of Mutual Interest agreements; Confidentiality Agreements; Joint Bidding Agreements; Joint Operating Agreements and Unitisation and Unit Operating Agreements.  It will provide a detailed discussion of selected issues including the significance of the legal nature of the joint venture, the problem of dissensus between the co-venturers and the legal issues arising from a default in a party’s obligations under the joint venture.  This course is available to students registering for the online LLM Oil and Gas Law programme (Dissertation or Professional Skills).

This course examines the key foundational principles of WTO law. The principles that the course focuses on include non-discrimination, tariffs, quantitative prohibitions, subsidies, and transparency in sanitary and phytosanitary measures. The course also considers the WTO dispute settlement. 

This course focuses on the legal challenges which may arise in connection with a contract of sale of goods when the buyer and the seller of the goods are each located in different jurisdictions. The course considers the definition and sources of international sale of goods law and the legal issues arising for the buyer and for the seller in an international sale of goods transaction. The course examines the issues arising in relation to transactions to which the Convention on International Sale of Goods may apply. 

This course explores interactions between the World Trade Organisation (WTO) and crucial trade issues.  It critically analyses the classical and contemporary challenges in the context of agriculte, environment, intellectual property rights, investment, human rights/labour rights and development. Description:  The course considers crucual issues relevant to the WTO's multilateral trading system.  With the surge in international trade triggered by globalisatio, the WTO presents - often lengthy and complex - rules of trade between nations to organise producers of goods and services in their business transactions. Employing a mix of authoritative primary and secondary sources, the course critically unpacks core issues in the WTO's architecture such as agriculture, environment, intellectual property rights, investment,k human rights/labour rights and development.

This course examines the most common methods of payment and finance in the context of international sale of goods. The particular issues selected will vary depending on current developments in the field. However, the indicative topics covered by the course are trade risks and the need for payment and finance options in the context of international sale of goods, bills of exchange, documentary letters of credit, demand guarantees, newly developed financing methods by technological innovation such as supply chain finance and invoice trading, and private international law issues surrounding international payments and finance.

The aim of this course is to study the substantive legal issues arising from disputes under international investment agreements, in particular in the process of investor-state arbitration. This course examines the interplay between a state's right to regulate and substantive protections offered to foreign investors to protect their investments. These substantive protections include fair and equitable treatment expropriation, most favourable nation and national treatment. It will be an interactive and dynamic course, as students will have the opportunity to work on a substantive protections lab so that they can understand the notions of each substantive protection in real treaty practice.

This course studies the procedural issues arising from investor-state arbitration under international investment agreements. The course will consider the historical evolution of international investment agreements and the modern concerns of new forms of these type of instruments. The course will discuss the different aspects of the investor-state arbitration process, starting from the differences between commercial and treaty disputes, studying the notion of sovereign immunity and the understanding of the procedural issues that often arise, such as transparency, the role of amicus curiae and enforcement of international investment awards.

The course examines current debates in criminal law from theoretical and comparative perspectives – drawing on insights from different jurisdictions. Topics include: principles of criminalisation (i.e. discussion of what types of conduct should be criminalised, the moral justification for creating criminal laws and what limits should be set on the state’s power to enact criminal laws); mental capacity, age and criminal responsibility; current definitions of (and proposals to reform) the crimes of murder and rape; necessity and coercion defences; and homicide by victims of domestic abuse. 

The vast majority of disputes and differences of a civil, that is, non-criminal nature are resolved before one of the parties commences legal proceedings. Somewhere between 85% and 95% of those disputes and differences are resolved before the commencement of the hearing of the legal proceedings.

This course will examine issues such as:

1. International business contracts - Negotiations, drafting and conclusion;
2. Conflict and business disputes - Why to choose ADR and the possibility to renegotiate;
3. Developing strategies for negotiations;
4. Different negotiation tactics and perspectives;
5. Cognitive influences
6. Power and persuasion.

Attendance in Aberdeen is required 16/17/18 March 2020. This course builds on the learning and knowledge gained in the Mediation Theory and Practice course (completion of which is a prerequisite). Students will be encouraged to critically evaluate current practices in mediation and learn more advanced mediation techniques and strategies for use in more complex situations. A deeper understanding of conflict theory and peace studies will form a core part of this course as will the legal context in which mediators operate, both from a UK and international perspective.

This course (along with the pre-requisite course Mediation Theory and Practice course) permits exam exemption towards Membership of the Chartered Institute of Arbitrators

Arbitration is growing in popularity as a dispute resolution method across a variety of sectors, and internationally. The law in this area is technical and complex, and a full understanding of how it operates is essential for anyone advising clients, or framing contracts carrying arbitration clauses. This course builds on the International Arbitration Law course and takes the practical aspects of arbitration to a deeper level. This course can contribute (along with other courses) to exam exemption towards Fellowship of the Chartered Institute of Arbitrators.

Those operating in the dispute resolution field need to understand some of the legal principles which underpin activity in this area. This course covers the main principles of contract law (which underpins the negotiation, arbitral and mediation contracts) tort/delict (which can be a basis for liability as an alternative to contract in arbitral proceedings) and some of the rules of civil evidence (which can apply in arbitration, with some implications around privilege and confidentiality for negotiation and mediation). This course can (along with other courses) contribute to Fellowship exemption with the Chartered Institute of Arbitrators.

This course provides a detailed overview of the law relating to risk allocation provisions in oilfield contracts.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion: Role of insurance, public policy challenges, gross negligence, third party issues and solutions, limitations of different solutions, different approaches in jurisdictions, contractual interpretation. This course is available to students registering for the Online  LLM Oil and Gas Law programmes (Dissertation or Professional Skills).

This course provides a detailed overview of the international and domestic law and regulatory regime pertaining to the proper governance of petroleum developments.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  Topics will include:  what is  governance, Regulation / governance theory, the State's role in governance, The role of legal institutions, The role of NOCs in governance, Norwegian approach, Transparency, Corruption, Use of law to counter corruption, Uganda, Greenland. This course is available to students registering for the Online LLM Oil and Gas Law programmes (Dissertation or Professional Skills).

This course provides a detailed overview of a range of the most significant commercial legal issues arising from decommissioning operations.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  Focussing primarily upon the UK Continental Shelf, the course will cover such topics as: decommissioning security and its impact upon commercial deals; the decommissioning contacting chain; contracts for decommissioning (including campaign contracts) and a discussion and appraisal of the division of risk and reward in the principal contractual models.   This course is available to students registering for the online LLM Oil and Gas Law programme (Dissertation or Professional Skills) and also on the MSc in Decommissioning.

This course provides a detailed overview of oil and gas international arbitration proceedings in the context of foreign investments. This course is the basis for understanding the particular issues of disputes in the energy sector and reviews the key issues that interact in the dispute resolution process in the industry. The course will cover topics such as: applicable law and lex petrolea, the Energy Charter Treaty, stabilization and renegotiation clauses and extensive discussion on gas supply, upstream oil and climate change disputes. Teaching and instruction will be via  methods including podcasts, core readings, discussion boards and interactive discussions.

This course examines the key foundational principles of WTO law. The principles that the course focuses on include non-discrimination, tariffs, quantitative prohibitions, subsidies, and transparency in sanitary and phytosanitary measures. The course also considers the WTO dispute settlement. 

This course focuses on the legal challenges which may arise in connection with a contract of sale of goods when the buyer and the seller of the goods are each located in different jurisdictions. The course considers the definition and sources of international sale of goods law and the legal issues arising for the buyer and for the seller in an international sale of goods transaction. The course examines the issues arising in relation to transactions to which the Convention on International Sale of Goods may apply. 

This course explores interactions between the World Trade Organisation (WTO) and crucial trade issues.  It critically analyses the classical and contemporary challenges in the context of agriculte, environment, intellectual property rights, investment, human rights/labour rights and development. Description:  The course considers crucual issues relevant to the WTO's multilateral trading system.  With the surge in international trade triggered by globalisatio, the WTO presents - often lengthy and complex - rules of trade between nations to organise producers of goods and services in their business transactions. Employing a mix of authoritative primary and secondary sources, the course critically unpacks core issues in the WTO's architecture such as agriculture, environment, intellectual property rights, investment,k human rights/labour rights and development.

This course examines the most common methods of payment and finance in the context of international sale of goods. The particular issues selected will vary depending on current developments in the field. However, the indicative topics covered by the course are trade risks and the need for payment and finance options in the context of international sale of goods, bills of exchange, documentary letters of credit, demand guarantees, newly developed financing methods by technological innovation such as supply chain finance and invoice trading, and private international law issues surrounding international payments and finance.

The aim of this course is to study the substantive legal issues arising from disputes under international investment agreements, in particular in the process of investor-state arbitration. This course examines the interplay between a state's right to regulate and substantive protections offered to foreign investors to protect their investments. These substantive protections include fair and equitable treatment expropriation, most favourable nation and national treatment. It will be an interactive and dynamic course, as students will have the opportunity to work on a substantive protections lab so that they can understand the notions of each substantive protection in real treaty practice.

This course studies the procedural issues arising from investor-state arbitration under international investment agreements. The course will consider the historical evolution of international investment agreements and the modern concerns of new forms of these type of instruments. The course will discuss the different aspects of the investor-state arbitration process, starting from the differences between commercial and treaty disputes, studying the notion of sovereign immunity and the understanding of the procedural issues that often arise, such as transparency, the role of amicus curiae and enforcement of international investment awards.

Running from February to May each year, this course is intended to equip distance learning students with the skills required to begin work on writing the dissertation course (LS5910). Students will be given online lectures relating to writing the dissertation and also given the opportunity to plan their dissertations with academic members of staff in the School of Law.

Running from May to mid-August, this course is intended to support distance learning students in progressing, completing an, finally, submitting their 10.000-word (online) dissertation on the topic they have previously chosen and agreed upon with their advisers.  Students will be given the opportunity to discuss their progress with their advisers as well as with other students enrolled on the same course.

The course will provide an understanding for petroleum data managers from legal, commercial and security standpoints of contemporary legal challenges involving data protection and privacy from commercial, state and activist perspectives such as big data and data mining; intellectual property, trade secrets and standards; regulatory frameworks; responses to activities such as malware; risk in contracts and general legal bases for liability; and information security management.