Postgraduate Law 2017-2018

This course focuses on the financing of international trade and examines the most common methods of international 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 finance options in the context of international sale of goods, bills of exchange, documentary letters of credit, demand guarantees, other financing methods, and private international law issues surrounding international payments and finance.

This course focuses on the financing of international trade and examines the most common methods of international 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 finance options in the context of international sale of goods, bills of exchange, documentary letters of credit, demand guarantees, other financing methods, and private international law issues surrounding international payments and finance.

The course deals with the regulation of international activities regarding energy and the environment. The course will consider the international legal framework regarding energy sources, 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. It will also examine 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.

The course examines the relationship between law, energy and natural resources, ethics, governance and development at the national and international levels on the one hand and variable developmental outcomes, particularly the resource curse phenomenon, on the other hand. The course then proceeds to apply advanced academic and experiential knowledge to formulate the fundamentals for overarching legal frameworks that will enable the good exploitation and development of energy and natural resources, thereby producing enduring benefits for all key stakeholders. 

With only limited exceptions hydrocarbons lie in the ownership or control of states, but are frequently explored for and produced by commercial actors. This course considers the means by which the state controls exploitation of its oil and gas reserves. Following a number of introductory lectures, students will participate in interactive seminars considering topics such as: energy security; licensing; upstream taxation; health, safety ,and environmental regulation;. This course is available to students registering for the LLM Oil and Gas Law programmes (Dissertation or Professional Skills).

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 explores laws role in addressing them. The course examines the legal regimes for promoting renewable energy at international, EU and UK levels, and considers how law can be used to address significant constraints on the growth of renewable energy including difficulties with grid access and public opposition to wind energy development.

The course aim is to familiarise students with public international law and to analyse some of its major issues. Students will be required to study the key concepts of public international law in order to be able to participate effectively in the seminars. The first seminar will identify the principles and rules of public international law through an advanced knowledge of the main sources of this law, international customs and treaties; following seminars will assess critically the evolution of public international law in an era of crises.

This compulsory course provides students from diverse legal and educational backgrounds with a common understanding of the core research, analytical, and writing skills which would be required to excel in LLM-Taught courses. It commences with a few lectures and progresses to working within smaller groups in a workshop environment and finally to the submission of an individual assignment. It also incorporates elements such as library workshops to provide students with hands-on experience with the resources available for course and dissertation work.

The course analyses recent developments in public international law. It first considers the sources of public international law. The question is then asked whether traditional public international law can regulate pressing issues on the international plane. Examples of these problems are: international terrorism, nuclear weapons proliferation, protection of human rights, ethnic conflicts, climate change, and energy security supply. The course encourages the student to think creatively as an international lawyer to resolve contemporary international dilemmas. Teaching will be delivered through discussion based seminars. Assessment is based on the drafting of an essay and an exam.

This course aims to help students hone their analytical and advocacy skills and have those skills tested to the extent possible at a select international moot (such as the Willem Vis International Commercial Arbitration Moot). This course will culminate with students making written submissions to a select international Moot, and if qualified to do so, participating at the oral competition phase of the select Moot. The analytical and advocacy skills developed in this course are generic and transferrable. Through their work on this course, students will be able to bench mark their achievements in developing these skills.

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).

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. Why disputes and difference arise.
2. What is negotiation?
3. How negotiation can be used to avoid or resolve disputes and differences.
4. The negotiation process.
5. Negotiation styles.
6. Strategies and tactics.
7. Cognitive influences.
8. Power and persuasion.  
9. Single-party and single-issue or multi-issue negotiation.

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.

Arbitration is growing in popularity as a dispute resolution method across a variety of sectors, and internationally.

The principles and content of international arbitration law are considered, with the UK arbitral system as the template.

In the final one third of their programme, students who opt to take this course will prepare a 10,000 word dissertation thesis on a question of their choice related to an aspect of dispute resolution.

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 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.

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.

The principles and content of international arbitration law are considered, with the UK arbitral system as
the template. Other systems, including some of the institutional rules, are
also considered.

The course provides students with a comprehensive overview of the means by which the law seeks to regulate the decommissioning of offshore installations.  The course will approach this issue from the perspective of international, domestic and comparative law and will also involve a critical appraisal of whether the current UK law is appropriate from a policy perspective, or in need of reform.

Students will explore the diverse elements of law which constitute international intellectual property law. We will consider the framework of international conventions, copyright and moral rights (with a particular focus on new developments and the digital age), patents, designs, the work of the World Health Organisation and the Convention on Biological Diversity. Throughout the challenge is to identify conflicts and synergies, and areas for future development, through regard to cases, scholarship, and the activities of policy makers and activists. Assessment is by an essay, an exam and an individual presentation.     

This compulsory course for all distance learning post-graduate research students takes students through a series of multi-media activities during their first semester to hone some of the core skills required to excel in post-graduate research work.

The course explores the history, ambit and nature of ICL and the notion of individual criminal responsibility, issues of immunities, superior orders and subordinate responsibility.  War crimes, crimes against humanity, genocide and the crime of aggression are also critically examined. National and international prosecution of international crimes with emphasis on the Rome Statute and the International Criminal Court (ICC) and questions of international cooperation to suppress international crimes are carefully studied in light of relevant cases such as decisions of the Nuremburg and Tokyo tribunals, the ICC, ICTY and the ICTR (tribunals for Yugoslavia and Rwanda respectively).  

This course is a substantive and critical analysis of two key areas of intellectual property law, copyright and patents, with a UK and European focus, and their impact on innovation and creativity. This course complements other innovation law LLM courses which focus on commercial, policy and sector matters.     

We examine the questions of jurisdiction and recognition and enforcement in relation to commercial matters involving private international law. We examine the general and special jurisdictional aspects of the Brussels I Regulation and the Recast Brussels I Regulation; choice of court agreements; recognition and enforcement and, international commercial arbitration.

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 compulsory course provides students from diverse legal and educational backgrounds with a common understanding of the core research, analytical, and writing skills which would be required to excel in LLM-Taught courses. It commences with a diagnostic test and progresses into library information sessions and a session on academic responsibility to provide students with hands-on experience with the resources available for course and dissertation work.  It also provides students with sessions on handling case law and critical legal analysis.

This course explains and discusses the law and practice adopted by the main UK professional regulators when dealing with disciplinary charges.

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 legal systems. 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 CISG (Vienna Sales Convention) may apply and contrast the CISG responses with the position under the UK's Sale of Goods Act 1979. The course also considers aspects of carriage of the goods from seller to buyer concerning bills of lading and Incoterms®. In addition, the course focuses on dispute resolution as well as private international law issues in relation to international sales contracts.

This course explores interactions between the WTO and other issues. It critically analyses the classical and contemporary challenges in the context of environment, human rights and labour rights, customs and free trade, security, energy, intellectual property and investment. 

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.

This compulsory course for all post-graduate research students takes students through a series of interactive workshops and guest presentations during their first semester to hone some of the core skills required to excel in post-graduate research work. Near the completion of the first full year of post-graduate research work, PhD students present their work at a conference to which research staff and students within the College of Arts and Social Sciences are invited. PhD Students then submit a capstone paper to be assessed as a part of the course assessment and of the progression process within the programme.

The course addresses the political processes by which human rights law is created and sustained (e.g. by exploring the main drivers of the change in human rights norms – like global civil society activism). Classroom discussions look into the ways in which international human rights law shapes controversial issues of international politics (like the problems of international development or humanitarian intervention). Two seminars are dedicated to ‘case studies’ on human rights politics: (1) the practice of human rights activism, and (2) the relevance of human rights for dealing with the social and political tensions generated by the oil industry in Nigeria.

The petroleum industry brings together the most powerful public and private actors in the form of states and trans-national corporations. Oil and gas law has the task of arranging the resultant relationships and of ensuring that the legitimate interests of each side are protected. Following a series of introductory lectures, students will participate in interactive seminars considering topics drawn from the state control, contracting and regulatory aspects of oil and gas law. This course is available to LLM students on programmes other than the specialist LLM Oil and Gas Law programmes.

The demand for international commercial arbitration has increased significantly over the last 20 years.  Empirical surveys conducted consistently report figures that suggest around 60% of businesses prefer arbitration over other dispute resolution methods.  This course provides students with a solid understanding of how arbitration works both in principle and in practice.  Topics covered include; the arbitration agreement, arbitral jurisdiction, the arbitral tribunal, challenging and enforcing awards.  This course is taught together with International Commercial Arbitration in the Asia Pacific.

The demand for international commercial arbitration has increased significantly over the last 20 years.  Empirical surveys conducted consistently report figures that suggest around 60% of businesses prefer arbitration over other dispute resolution methods.  This course provides students with a solid understanding of how arbitration works both in principle and in practice.  Topics covered include; the arbitration agreement, arbitral jurisdiction, the arbitral tribunal, challenging and enforcing awards.  This course is taught together with International Commercial Arbitration in the Asia Pacific.

The demand for international commercial arbitration has increased significantly over the last 20 years.  Empirical surveys consistently report figures that suggest around 60% of businesses prefer arbitration over other dispute resolution methods.  This course provides students with a solid understanding of how arbitration works in principle and in practice.  Topics covered include;  arbitration agreement, arbitral jurisdiction,  arbitral tribunal, challenging and enforcing awards.  This course is taught together with the International Commercial Arbitration course.  This course allows a greater focus on the Asia Pacific region and is particularly relevant to those who foresee themselves working in that part of the world.

The demand for international commercial arbitration has increased significantly over the last 20 years.  Empirical surveys consistently report figures that suggest around 60% of businesses prefer arbitration over other dispute resolution methods.  This course provides students with a solid understanding of how arbitration works in principle and in practice.  Topics covered include;  arbitration agreement, arbitral jurisdiction,  arbitral tribunal, challenging and enforcing awards.  This course is taught together with the International Commercial Arbitration course.  This course allows a greater focus on the Asia Pacific region and is particularly relevant to those who foresee themselves working in that part of the world.

As a result of globalisation, and, in Europe, of its recent communitarisation, Private International Law has undergone profound changes and has become a subject of increasing prominence and complexity. This course forms a foundation for the Programme LLM in Private International Law and is designed to enable students to gain an in-depth understanding of key concepts of Private International Law, including classification, renvoi, incidental question, public policy and mandatory rules. Students will also acquire insight into the role played by key institutions to develop principles and harmonize rules pertaining to jurisdiction, choice of law and recognition and enforcement of judgments.

This course is comparative in nature and examines in depth certain aspects of the criminal justice process, focussing upon differences between the adversarial and inquisitorial models. Examples are mainly drawn from Scotland, England and continental Europe. Topics addressed include: prosecution systems; the position of the accused; the status granted to the victim; plea-bargaining; the trial process; and appeals. The emphasis is not so much on ‘black-letter law’ but on the principles and policies, often clashing, which underlie the detailed legal rules and regulations governing the relevant institutions and processes.

The course aims to provide a thorough and critical understanding of fundamental concepts, principles and institutions of the World Trade Organisation (WTO), with emphasis on trade in goods (GATT).  The main topics covered include relevant historical and institutional developments, WTO dispute resolution, core principles such as the non-discrimination, most-favour-nation (MFN) and the prohibition of quantitative restrictions on international trade.  The security, environment, human rights, labour standards, economic emergencies and free trade areas and customs unions based exceptions and their challenges are also analytically explored.  These are studied in light of relevant WTO panel and Appellate Body cases and recommendations.

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.

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.

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 client care aspects of litigation. Key litigation skills will also be covered such as communication with clients, drafting, advocacy, and transaction based research.

The course is divided into two parts. Part 1 will cover: business structures and investment; a group exercise involves the set-up of a virtual law firm and construction of key business and practice policies; management of time and risk capability; company accounts analysis; loan finance; financial advice and tax implications; financial services.  An Investment Game runs throughout the first part of the course where each student manages a share portfolio. Part 2 will cover ethical issues in the client relationship; confidentiality and conflict; and duties and discipline. Key skills such as communication with clients, team working, drafting are covered.

The purpose of this course is to introduce the main principles of environmental law. The course analyses the challenges of environmental protection from the perspective of international, European and national law. Besides the conceptual analysis of the main principles of environmental law and methods of regulation, the course focuses on the delicate interaction between the principles of economic law (e.g. the right to property, the protection of investments, free trade) and environmental protection. Is there a conflict between economic law and environmental law or are these fields of law mutually reinforcing?

This LLM course as a whole addresses choice of law for business, and focuses on three areas, namely contractual obligations, non-contractual obligations and corporate law. Students are expected to develop a clear understanding of relevant legislation and judgments, as well as to consider whether the law strikes an appropriate balance between party autonomy and the interests of states in prescribing relevant outcomes. The course is taught by means of seminars and guided independent reading.

The course explores the history, nature and salient features of the the laws and customs of war, also called international humanitarian law (IHL). The laws are enshrined, inter alia, in the Geneva Conventions of 1949 and their Additional Protocols of 1977. The principles of distinction, humanity, necessity and proportionality as applied to contemporary armed conflicts are examined.  The course emphasises the rules and challenges pertaining to civilian immunity, occupation, legal controls on weapons and how IHL is implemented and enforced. It also clarifies the differences/complementarity between IHL and international human rights law and the law on the use of force.  

This compulsory course for all post-graduate research students takes students through a series of interactive workshops and guest presentations during their first semester to hone some of the core skills required to excel in post-graduate research work. Near the completion of the first full year of post-graduate research work, PhD students present their work at a conference to which research staff and students within the College of Arts and Social Sciences are invited. PhD Students then submit a capstone paper to be assessed as a part of the course assessment and of the progression process within the programme.

Nuclear energy and carbon capture and storage are seen by some governments as key contributors alongside renewable energy to the decarbonisation of energy supplies.  However, significant risks of harm to the environment and human health and challenges with securing investment and overcoming public concerns are associated with the use of both technologies.  The seven seminar course examines legal responses to these risks and challenges at international, European Union and national levels, critically considering their adequacy for tackling the difficulties with employing nuclear energy and carbon capture and storage as part of a low carbon energy transition.

A good knowledge and understanding of the commercial purpose and key features of the principal contracts used in the oil and gas industry is essential for an oil and gas lawyer.  This course will examine the contracts entered into between the state and the commercial actors involved in the exploration for and production of oil an gas and the contracts entered into between the oil companies themselves, and those between oil and gas companies and the contractors making up the supply chain. The course will be taught by means of a mix of lectures, seminars and interactive workshops.

Corporate environmental liability is a significant area of concern not only for those corporations engaged in activities which exhibit environmental risk but society as whole. An efficient, effective liability regime must be present to ensure that corporations do not shirk their financial liabilities. The course draws attention to the conflicting goals of corporate law (i.e. the limitation of liability) and environmental law (i.e. ensuring that polluters pay for damage caused) and encourages students to consider and develop solutions to this problem. Whilst the course focuses on EU environmental law, many of the concepts covered are relevant to other jurisdictions.

This course is comparative in nature and examines in depth various, key evidentiary doctrines, focussing upon the jurisprudence of the European Court of Human Rights and  differences in the approaches adopted by national  jurisdictions. Topics addressed include: the nature of proof; expert evidence; vulnerable witnesses; hearsay; the right to confrontation; similar facts evidence; corroboration; and the presumption of innocence. The emphasis is not so much on ‘black-letter law’ but on the principles and policies, often clashing, which underlie the detailed legal rules and regulations governing the relevant types of evidence.

The course examines topics of current interest in criminal law from a theoretical perspective. The course focuses on the moral principles and policy considerations underlying specific criminal laws, rather than taking a purely “black-letter law” approach.  It considers how some of the most serious offences, such as murder and rape, should be defined and also examines various defences such as provocation, diminished responsibility, mental disorder, coercion and necessity.

This compulsory course provides students from diverse legal and educational backgrounds with a common understanding of the core research, analytical, and writing skills which would be required to excel in LLM-Taught courses. It commences with a few lectures and progresses to working within smaller groups in a workshop environment and finally to the submission of an individual assignment. It also incorporates elements such as library workshops to provide students with hands-on experience with the resources available for course and dissertation work.

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. Why disputes and difference arise.
2. What is negotiation?
3. How negotiation can be used to avoid or resolve disputes and differences.
4. The negotiation process.
5. Negotiation styles.
6. Strategies and tactics.
7. Cognitive influences.
8. Power and persuasion.  
9. Single-party and single-issue or multi-issue negotiation.

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 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.

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.

The principles and content of international arbitration law are considered, with the UK arbitral system as
the template. Other systems, including some of the institutional rules, are
also considered.

This course covers the basic principles of law which are applicable in negotiation, mediation and arbitral practice. The course is divided into 15 topics covering: Legal System and Sources, Contract Law, Reparation Law (Tort/Delict), Aspects of Civil Evidence. These subjects are taught from a UK perspective, providing a grounding in common law jurisprudence in these areas. The following topics are examples of those included in this course:

                The Legal System of the UK

                Sources of Law

                Formation of Contract

                Interpretation of Contracts

Breach of Contract

Remedies for Breach of Contract

Duty of Care in Tort/Delict

Breach of Duty of Care

Causation and Remoteness of Damage

Burden and Standard of Proof in Civil Cases

Evidential Rules around Testimony

Expert Evidence

Privilege and Confidentiality

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.

In the final one third of their programme, students who opt to take this course will prepare a 10,000 word dissertation thesis on a question of their choice related to an aspect of dispute resolution.

The course provides students with a comprehensive overview of the commercial issues which arise when decommissioning offshore installations.  The course will focus in particular upon the UK example and in particular will consider the matter in the light of the MER obligation.&nbsp It will consider key contractual clauses, innovative contracting models, the legal (including tax) issues which arise as a result of decommissioning costs, and the interaction between the law of decommissioning and the law of insolvency.

This course is a practical adjunct to the provision of pro bono publico ("for the public good") legal advice by DPLP students. It builds on voluntary activity already undertaken by students by encouraging them to reflect on those experiences and engage with work on a quasi-professional level to allow them to prepare a portfolio to showcase their live-client or outreach work for Aberdeen Law Project. This course can only be taken by students who volunteer for the Aberdeen Law Project during the first semester of the DPLP.

This compulsory course for all distance learning post-graduate research students takes students through a series of multi-media activities during their first semester to hone some of the core skills required to excel in post-graduate research work.

Tax law is an integral aspect of all international commercial activities; it is crucial for commercial lawyers to have an understanding of tax law even if they are not tax lawyers. This course is a tax law course for general commercial lawyers, providing a gentle introduction to the varieties of tax laws and policies. The course enables a general commercial lawyer to understand tax law and policy discussions, both as public policy concerns and as issues related to clients' commercial matters. The course covers the basics of tax models and introduces a variety of tax law systems, such as income tax, property tax, sales tax and VAT taxes. The course also explains how tax policy can affect corporate and commercial interests, such as the role of tax law in environmental protection, in energy resource stewardship, or in corporate social responsibility. In conclusion, the course is designed for general commercial lawyers to increase their professional skills and legal knowledge related to commercial tax law and policy.

The complex interaction between investment protection and the sovereign right of states to regulate has been most acute in the energy sector. On the one hand, investors require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other, states can be tempted to interfere with foreign energy investments because of their particular strategic and social importance. This course aims to analyse if existing investment disciplines are adapted to the specific regulatory risks that investors face in the energy landscape of the 21st Century.

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 pettrolea, 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.

The complex interaction between investment protection and the sovereign right of states to regulate has been most acute in the energy sector. On the one hand, investors require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other, states can be tempted to interfere with foreign energy investments because of their particular strategic and social importance. This course aims to analyse if existing investment disciplines are adapted to the specific regulatory risks that investors face in the energy landscape of the 21st Century.

This compulsory course provides students from diverse legal and educational backgrounds with a common understanding of the core research, analytical, and writing skills which would be required to excel in LLM-Taught courses. It commences with a diagnostic test and progresses into library information sessions and a session on academic responsibility to provide students with hands-on experience with the resources available for course and dissertation work.  It also provides students with sessions on handling case law and critical legal analysis.

This course explains and discusses the law and practice adopted by the main UK professional regulators when dealing with disciplinary charges.

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 legal systems. 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 CISG (Vienna Sales Convention) may apply and contrast the CISG responses with the position under the UK's Sale of Goods Act 1979. The course also considers aspects of carriage of the goods from seller to buyer concerning bills of lading and Incoterms. In addition, the course focuses on dispute resolution as well as private international law issues in relation to international sales contracts.

This course explores interactions between the WTO and other issues. It critically analyses the classical and contemporary challenges in the context of environment, human rights and labour rights, customs and free trade, security, energy, intellectual property and investment. 

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

This module 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 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 inmunity and the understanding of the procedural issues that often arise, such as trasnaprency, the role of amicus curiae and enforcement of international investment awards. 

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.

The principles and content of international arbitration law are considered, with the UK arbitral system as
the template. Other systems, including some of the institutional rules, are
also considered.

The course analyses how international law regulates the use of armed forces between States.  It is of interest to  students who want to understand the legal considerations which frame contemporary conflicts. The course will  study the fundamental principle of the prohibition on the use of inter-State force. It will examine the current exceptions to this principle, and how States try to justify the use of force. Consequently, the course will study the most recent recourses to force on the international plane, in particular in Kosovo, Afghanistan, Iraq, Libya, Syria, and Ukraine. Teaching will be delivered mainly through discussion based seminars.

This course tracks the ongoing interactions between trade mark and related laws on the one hand and the social and commercial practices of branding on the other.  Through the use of cases and contemporary examples throughout, the course views trade mark and related laws within their historical, current, and developing social and commercial contexts.  It offers a critical view of certain developments in the laws, their roles in and responses to the evolving practices of branding.  It provides students with both an analytical and a practical view on the protection of trade mark and related rights.

This course focuses on the difficulties which can arise when the buyer and seller of goods are located in different legal systems: we examine the sources of International Trade Law and the legal issues arising for buyer and seller in an international sale of goods transaction. We consider how to minimise or avoid these difficulties in the following contexts: the Sale of Goods Act 1979 and the CISG; Incoterms and bills of lading; International Documentary Letters of Credit; dispute resolution by litigation and arbitration.

To learn about the contribution of international instruments to private international law of family law, in particular those developed by the Hague Conference on Private International Law and the European Union. To analyse the Hague Conventions on International Child Abduction (1980), Maintenance (2007) and Intercountry Adoption (1993) and the EU Regulations dealing with child abduction and maintenance. Finally, to consider possible future regulation of international surrogacy arrangements.

The course was designed to help students build competence in dealing with the doctrinal issues about international human rights. It involves understanding the place of human rights in public international law, finding one’s way around the foundational human rights documents and the jurisprudence of human rights bodies. The course delivery puts heavy emphasis on classroom discussion on the controversial issues on contemporary human rights law that shape doctrinal development in this field: the justifiability of torture, the limits of freedom of religion, the justiciability of social rights, etc

We look at the issues arising from the use of a ship to transport goods from buyer to seller when each is based in a separate legal system. We examine the contract of affreightment; the relevance of charterparties; the possibilities offered by Bills of Lading and analogous ‘documents’ (whether electronic or not). We consider the law concerning a cargo claim as it may involve the Hague Rules, the Hague-Visby Rules, the Hamburg Rules. We also evaluate the Rotterdam Rules. We consider international commercial dispute resolution of cargo claims by arbitration and litigation.

The legal framework for exploring for and producing hydrocarbons can be dynamic and complex. A number of layers are further added to the complexity through developing systems for ensuring an appropriate flow of revenue to the state. Many of these systems are extremely complex, and often ‘the devil is in the detail’: it is the precise terms of any legal arrangement that determine the balance of revenues between the state and the investor.

The transport and supply of hydrocarbons (oil and gas) and electricioty is essential for modern civilisation. IF energy cannot get to the consumer, then energy security is threatened and economic development may be restricted.

These challenges are impotant in the context of the liberalisation of these sectors, especially the restructuring of these industries from monopolies to competitive markets. This course explores the law and policy framework governing the movement and distrtibution of energy, particulalry within a liberalised market, in an era of climate change. Topics covered include market liberalisation, energy security, gas sales and transport, and market regulation.

Students will explore the diversity of laws and practices relevant to commercialising innovation. We will consider patents, trade secrets, copyright and database rights, new business models, competition and (focussing on natural resources), communications and activities in developing areas. Visiting speakers from practice and industry are regularly invited. In the first session, students develop an innovative idea, as a base for discussion in each session. Seminars involve individual and group work, and the preparation of posters. Assessment is by essay and exam.

The course will 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.

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.

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.

The course will develop knowledge and understanding of a range of available approaches to dispute resolution and consider the strengths and weaknesses of the different forms of dispute resolution in practice; 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.

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.

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; 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.

Employment Law: Tribunal Practice and Procedure

The course will cover preparing and representing clients at Employment tribunals, and to develop advocacy and communication skills in dealing with and representing clients involved in employment disputes. Key skills will also be covered such as communication with clients; client and witness interviews; advocacy skills; drafting, negotiation, and transaction based research.

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 (e.g. Gypsy Travellers) 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.

The course will develop knowledge and skills in both theory and practice on all aspects of negotiation. The course will cover preparation for a negotiation, including conducting an assessment of the client's position; review typical negotiation strategies; assessed the range of potential outcomes. Students will conduct negotiations across a range of disciplines.

The course will opportunities to develop and enhance key transferable skills and address  issues of confidentiality and ethical considerations in the negotiation process.

Taught by museum and law academics, this course will examine cultural property issues  such as treasure trove, looting and repatriation, forgery, sacred and street art, and the derogatory treatment of art. Objects from the University Museum and collections worldwide will be drawn on to illustrate aspects of the course.  Museum practice and operational experience will also inform certain aspects.  Students will be encouraged to explore and develop their own ideas.  Facilitating this, the course will include a programme of case studies and/or issue papers to be presented by students for class discussion.      

Between May and mid-August students prepare a 10,000 word dissertation on a topic of their choice related to their specialist LLM programme. Students are instructed through the delivery of a preparatory lecture, two supervisory meetings and a two hour dissertation planning workshop in a small group setting. Students are expected to spend considerable time on independent research throughout the course of the dissertation module, including; preparation of dissertation plan, amendment of plan in accordance with supervisory comments, preparation for the dissertation workshop, and, of course, in the final 10,000 word dissertation itself.

This course is taught over two weeks in June each year. It is highly practical and interactive, involving group discussion and debate, drafting, role play and presentations. Students are taken through the international arbitration process from drafting the arbitration clause, to jurisdiction, preliminary proceedings, the hearing, the award (judgement) and enforcing and challenging the award.  Practitioners in international arbitration deliver some of the tuition. There is no exam, assessment is by presentation, preparing written arguments and award (arbitral judgement) writing. Successful completion of the course can lead to exemption from the Membership examinations of the Chartered Institute of Arbitrators.

This course allows students the opportunity to deploy the knowledge they have gained in the taught courses on the LLM Oil and Gas Law programme in two intensive week-long exercises designed to develop their professional skills. The first of these involves an insight into the building of a commercial case to farm-in to a petroleum licence whilst the second puts students in the position of state or commercial actors negotiating a Production Sharing Agreement. This course is available to students on the LLM Oil and Gas Law with Professional Skills programme.

This course allows students the opportunity to deploy the knowledge they have gained in the taught courses on the LLM Energy Law with Professional Skills programme in intensive exercises designed to develop their professional skills.  It aims to provide students with an insight into specific processes which form the practical context for the legal and regulatory knowledge and skills gained during the taught courses. It also informs them about how the regulatory context affects the planning of projects and the conduct of processes leading to their authorisation and implementation.

This course allows students the opportunity to deploy the knowledge they have gained in the taught courses on the LLM Energy and Environmental Law with Professional Skills programme in intensive exercises designed to develop their professional skills.  It aims to provide students with an insight into specific processes which form the practical context for the legal and regulatory knowledge and skills gained during the taught courses. It also informs them about how the environmental regulatory context affects the planning of projects and the conduct of processes leading to their authorisation and implementation.

The LLM in International Trade Law and Treaty Negotiation programme blends delivery of advanced level teaching with training in the practical skills necessary to negotiate international trade agreements. The course is taught over two weeks at the end of May and beginning of June. It is a highly practical and interactive course which aims to equip students with the practical skills necessary to negotiate international trade agreements. The opportunity to negotiate 'mock' international trade agreements offers students an exciting setting to apply the technical legal knowledge acquired during the programme in a highly practical setting, something that is always of interest to students and employers alike.

In the final one third of their programme, students who opt to take this course will prepare a 10,000 word dissertation thesis on a question of their choice related to an aspect of dispute resolution.

This course is taken only by students on the General Route of the LLM. It involves preparing a proposal for a thesis in an area related to the programme subject matter. The proposal, once approved, is then expanded into a full 10,000 word thesis. This is prepared under supervision by an academic with special knowledge on the thesis topic. This is an opportunity to conduct a deep and industry-valuable study of an area of interest to the student. Very high quality dissertations are sometimes developed (potentially with the assistance of academic staff) into professional or academic journal publications.

This course enables students to develop expert professional and practical skills in intellectual property law. 

This is the Aberdeen block of the North Sea Energy Law Programme (NSELP) and can only be taken by students on the NSELP programme.