Ymunodd Andrew Tettenborn â'r Ysgol yn 2010 o Brifysgol Caerwysg fel Athro Cyfraith Fasnachol. Mae ei ddiddordebau ym meysydd cyfraith breifat, cyfraith fasnachol a chyfraith forol yn gyffredinol. Mae'n addysgu'n eang yn Abertawe yn y pynciau hynny, ac yn y rhan fwyaf o flynyddoedd mae hefyd yn addysgu agweddau ar gyfraith contract ym Mhrifysgol Genefa yn y Swistir.
Mae Andrew yn aelod o’r Sefydliad Cyfraith Morgludiant a Masnachu Rhyngwladol ym Mhrifysgol Abertawe
This module will be available only for visiting exchange students from Chinese partner universities.
This module delivers a comprehensive and practice-oriented immersion into the intricacies of advanced legal practice, centering on the method of mooting to simulate the dynamics of complex litigation and arbitration proceedings. It serves as a vital bridge between academic study and professional application, designed to cultivate the essential skills required for effective legal advocacy in demanding environments. The learning experience is structured through a dynamic blend of interactive seminars and practical advocacy labs, ensuring a robust foundation in both theory and technique. The progression of the curriculum is carefully scaffolded to build student confidence and capability. It commences with foundational exercises and introductory mini-moots, which function as highly effective icebreakers and low-stakes opportunities for initial skill development. These early activities allow participants to build core competencies in a supportive setting. Through this structured journey, students methodically develop and refine a suite of key professional skills, including sophisticated legal research and analytical reasoning, compelling oral and written advocacy, persuasive presentation, and active critical listening. Participants receive continuous, tailored feedback and guidance throughout this developmental process, which culminates in the meticulous preparation for a major Internal Moot Competition. This capstone event is designed to replicate the rigorous atmosphere of an actual hearing, serving a dual purpose as a summative assessment and a significant professional networking opportunity. It facilitates meaningful engagement with peers, faculty, and members of the practicing legal community. Ultimately, by transforming theoretical knowledge into applied expertise, this module offers an exceptional experiential platform for students to develop the practical, high-level advocacy skills that are fundamental to a successful and impactful career in the legal profession.
This module provides students with the opportunity to undertake an independent, in-depth research project on a topic relevant to their programme. It is designed to develop advanced research, analytical, and critical evaluation skills essential for legal scholarship and professional practice. Students will identify a research question of significant relevance to the discipline and produce a substantial dissertation that demonstrates mastery of the subject matter. The module emphasises rigorous engagement with primary and secondary sources, enabling students to critically assess current research and advanced scholarship in the field. Through sustained analysis, students will synthesise doctrinal principles and policy considerations, presenting a coherent and well-structured argument that reflects originality and intellectual independence. The dissertation process also fosters the ability to advance knowledge and understanding beyond existing literature, equipping students with transferable skills for future academic or professional development.
This module deals in detail with the English law relating to the international sale of goods. It covers general sales law. As well as this it deals with specific issues that arise in international sales law such as force majeure, agency, remedies, and form contracts such as FCA, FOB and CIF. With a good understanding of it, students will be able legally to see an international trade transaction through from beginning to end. It concentrates on English law, but reference is made to other systems for comparison. English law is particularly relevant here because a great deal of international trade is conducted subject to contracts providing for English law and jurisdiction; in addition the law of big hitters in commerce, such as Canada, Australia, New Zealand, Nigeria, Singapore and Hong Kong is closely based on it. The law of other Commonwealth countries such as India and Bangladesh is similar.
This module offers a critical and comprehensive examination of the legal and financial frameworks that govern the national and international transportation of goods and passengers by air and road. With a special focus on the aviation sector, the module also provides a comparative analysis with ship finance. The material will delve into the impact of existing laws on the use of new transport systems, such as Uncrewed Aircraft Systems (UAS), also known as drones, and Vertical Take-Off and Landing (VTOL) aircraft. Carriage of Passengers and Cargo This section critically analyses the international treaties governing the carriage of passengers and cargo, with a particular emphasis on the Montreal Convention 1999 (MC99). ¿ Air Carriage: The module examines the passenger liability system of the MC99, including the two-tiered liability and the carrier¿s defences under Articles 20 and 21(2). It explores the concept of "bodily injury" and "accident" as prerequisites for a valid claim, drawing from influential cases. The module also covers baggage claims, differentiating between the liability of checked-in and carry-on baggage, and discusses how passengers can claim more than the standard SDR limits through special declarations. The exclusivity principle of the Convention, enshrined in Article 29, is a core focus, including its relationship with domestic laws and EU regulations, such as Regulation 261/2004, concerning flight delays and cancellations. ¿ Road Carriage: The module introduces the legal framework for the international carriage of goods by road, focusing on the Convention on the Contract for the International Carriage of Goods by Road (CMR). You will learn about the key provisions of the CMR, including its history, aims, scope of application, and carrier's liability. It also covers specific aspects of multimodal transport, such as piggyback and roll-on/roll-off (ro-ro) operations. Asset Financing This part of the module examines the nature and function of credit and other financing mechanisms, including mortgages and leasing. ¿ Aircraft Finance: The module examines various financing methods, including loans secured by mortgages, finance leases, and operating leases. It highlights why finance leases have become the most popular method for financing aircraft acquisitions and explores the challenges of aircraft mortgages, such as the mobility of assets and differing jurisdictional laws. The module provides an overview of the key legal concepts under English law, including attachment, perfection, and the priority of competing security interests. ¿ International Interests and the Cape Town Convention: A significant portion of the module is dedicated to the Cape Town Convention on International Interests in Mobile Equipment 2001 and its Aircraft Protocol. It covers the convention's aims, such as facilitating financing and providing creditors with remedies for default and insolvency. The module also details the first-to-file priority rule of the international registry. ¿ Ship Finance: The module offers a comparative analysis of aircraft finance with ship finance, focusing on the prevalent forms of financing, such as ship mortgages and finance leases. It highlights the unique challenges of ship mortgages, including the risk of permanent loss and the mobile nature of the assets, which can lead to complex jurisdictional issues regarding arrest and the validity of mortgages.
Oil & Gas Law: Contracts and Liabilities is designed for students seeking to specialise in the sophisticated legal arena of the UK and international energy sector. The module offers a comprehensive and critical examination of the foundational contractual and liability frameworks governing oil and gas operations, with a primary focus on English law. Students will embark on a detailed journey through the lifecycle of a hydrocarbon project, from the initial licensing of UK Continental Shelf (UKCS) blocks under the Petroleum Act 1998 to the complex commercial arrangements for development, operation, and sale. The module provides an in-depth analysis of the key contractual instruments¿including Licences, Joint Operating Agreements (JOAs), and specialised contracts for drilling and hydrocarbon sales¿that define relationships and allocate significant financial and operational risks between states, operators, contractors, and co-venturers. Particular emphasis is placed on the standard forms prevalent in the UK sector, such as LOGIC contracts and the AIEN (AIPN) JOA. A core pillar of the module is the rigorous study of liability regimes under English common law and statute. This includes a dedicated focus on oil pollution liability from offshore operations, alongside the analysis of indemnity structures for operational incidents, property damage, and personal injury. Students will critically analyse seminal cases, complex indemnity clauses (including knock-for-knock regimes), and the contractual management of risk across the project chain. By synthesising black-letter law with commercial practice, the module equips students with the expert analytical toolkit required to navigate, advise upon, and critique the legal architectures that underpin one of the world¿s most capital-intensive and strategically vital industries.
This module offers an advanced, critical exploration of the legal architectures that are actively shaping the transition to a decarbonised maritime economy. It moves beyond foundational principles to interrogate the complex and rapidly evolving intersection where international environmental law, maritime regulation, and sophisticated commercial project delivery converge. The module is designed for students seeking to specialise in the frontline of energy and environmental law, providing the expert knowledge required to navigate a sector defined by technological innovation, stringent climate policy, and significant capital investment. The curriculum is structured around three interconnected pillars. First, it establishes the macro-regulatory drivers, conducting a critical analysis of how global climate change frameworks, specifically the Paris Agreement, create a binding imperative for sectoral action. This is examined through the dual lenses of the International Maritime Organization's (IMO) global regulatory strategy for shipping emissions and the European Union's pioneering, and often contentious, regional policy suite, including its Emissions Trading System (ETS) for maritime transport and the FuelEU Maritime initiative. Second, the module delves into the legal mechanics of offshore project delivery, which are essential for supplying the clean energy and abatement technologies required for decarbonisation. This involves a detailed dissection of the high-value, high-risk contractual ecosystems governing offshore wind farm construction¿analysing risk allocation in key agreements such as Balance of Plant (BoP) and Transport & Installation (T&I) contracts. Parallel to this, it examines the distinct legal regime for marine Carbon Capture and Storage (CCS), addressing the international treaties enabling offshore storage, the structuring of CO2 transport and storage agreements, and the critical issue of long-term liability. Third, the module confronts the novel legal and liability challenges emerging from new technologies. A core focus is the regulatory landscape and associated risks of alternative marine fuels (e.g., ammonia, hydrogen, methanol), including the application of the IGF Code and the evolving liability and insurance paradigms for bunkering operations and fuel-related incidents. Throughout, the module emphasises a critical, problem-solving approach, preparing students not only to interpret these layered legal frameworks but also to anticipate legal disputes, advise on risk mitigation in contracts, and contribute to the development of law and policy in this dynamic field.
This module offers a comprehensive and in-depth examination of the legal and commercial implications of Artificial Intelligence (AI), with a primary focus on its applications in transportation systems, particularly automated vehicles. While AI is a staple of modern commerce, its integration raises fundamental questions about its function within existing legal frameworks. The module first establishes a foundational understanding of the core AI technologies and their limitations, before delving into the legal challenges they present. The module will begin with a non-technical overview of AI, differentiating between key technologies such as Machine Learning (ML) and Symbolic Reasoning. We will examine how these technologies are used in autonomous vehicles for perception (building a model of the surrounding reality) and reasoning (planning actions). This includes a critical look at the inherent limitations of ML, such as the Pareto principle and the ¿black box¿ problem of non-explainable AI, which can lead to biases and challenges in determining fault. The module will also explore data privacy issues related to in-vehicle cameras and the collection of real-world data. Building on the technological foundation, the module will critically analyse how existing and new legal frameworks are adapting to AI. The core of the legal discussion will revolve around two key pieces of UK legislation: ¿ the Automated and Electric Vehicles Act 2018 (AEVA 2018). We will examine this innovative piece of legislation and its primary objective of providing a swift and seamless path to compensation for victims of accidents involving automated vehicles. The module will dissect its system of strict liability for insurers, the specific exceptions to this liability, and the complex issues it raises regarding causation and contributory negligence. We will also consider the commercial rationale behind this approach and the role of insurance in this new landscape. ¿ Automated Vehicles Act 2024 (AVA 2024): This module is among the first to explore the comprehensive regulatory framework introduced by this Act. We will delve into the new legal concepts it presents, such as the ¿self-driving test¿ and the designation of an ¿Authorised Self-Driving Entity¿ (ASDE), which is legally responsible for the vehicle's performance. The module will also examine the new licensing requirements for operators of automated passenger services and the marketing restrictions designed to prevent consumer confusion. Beyond statutory law, the module will examine how traditional private law is grappling with the implications of AI. This includes an in-depth look at ¿ Product Liability: We will examine the liability of manufacturers and other parties (such as component suppliers and programmers) in cases of accidents caused by defective vehicles or embedded software, considering both negligence and strict liability under the Consumer Protection Act 1987. ¿ Law of Obligations (Tort and Contract): The module will address fundamental questions about whether AI can be a legal subject. Can a machine be negligent or malicious? Can it know or form a legal intent to contract? We will examine how concepts such as misrepresentation, duress, and professional duty of care apply when AI is involved in a transaction or service. ¿ Intellectual Property (IP): The module will analyse the complex challenges AI poses to copyright, patents, and trademarks. We will discuss the debate over AI-generated works, authorship, and whether AI can be considered an inventor, referencing key legal cases. We will also explore the impact of AI on trademark law, including the concept of the ¿average consumer¿ in an age of AI-driven commerce and product recommendations. ¿ LegalTech: Finally, we will examine the use of AI within legal practice itself, including a look at foundational technologies like Akoma Ntoso, which is a standard for tagging legislative and judicial documents, and how these technologies can
Artificial Intelligence (AI) is becoming integral to the fabric of modern society and is already a staple of commercial organisations and businesses looking to enhance their productivity. It has been used for a variety of reasons, such as the reduction of financial paperwork via the electronicisation of commercial payments (that are now regularly made by computer), and increasingly for the incidence of smart contract payments automatically triggered by a payee¿s computer acting in collaboration with the debtor¿s IT systems. Where goods are ordered automatically (e.g. an industrialist¿s computer hooked up to a component supplier¿s server), they can also give rise to the formation of entirely new contracts. This module will focus on the use of AI within commercial and legal settings. It is often the case that once the technology is put in place issues will arise, such as the question of whether such technology can function within the parameters of existing legal rules. Human rights ¿ even within a commercial framework ¿ must also be considered as part of any analysis concerning the use of AI (notably, for example, the right to privacy). Overall, this module intends to provide an in-depth analysis of AI in the context of existing private legal rules while also exploring its role in society, what legal frameworks need to be developed.
Distributed ledger technology (DLT) is an integral part of the emerging digital transformation taking place within commercial and financial industries. It has the potential to dramatically alter the way businesses operate, providing improved efficiency of current client requirements and opening doors for new services. In simple terms, DLT is a database that is distributed across several independent computing devices (nodes) where changes to data are protected and managed by cryptography and consensus ensuring that data cannot tampered with and that all parties have identical copies that can be considered as a reliable source of truth. This module intends to analyse the legal position of those employing such ledgers in the context of their businesses. To appreciate the potential legal problems emerging, the applications of such ledgers in different areas of commercial law (finance, insurance, shipping) will be studied. The module will then discuss whether any change in private law rules is required to ensure that such ledgers do not create unexpected consequences for relevant parties. Regulators are also actively exploring the need to regulate the use of such ledgers. Regulation is rather challenging in this area due to potential jurisdictional problems, and overly strict regulation could potentially reduce the commercial values of such ledgers. These issues, along with others, will be discussed as part of this module.
