About
Dr Andrew Iwobi is a Senior Lecturer at the Hillary Rodham Clinton School of Law.
Dr Andrew Iwobi is a Senior Lecturer at the Hillary Rodham Clinton School of Law.
This module is available only for visiting exchange students from Chinese partner universities.
This module will be available only for visiting exchange students from Chinese partner universities.
This module will be available only for visiting exchange students from Chinese partner universities.
This module will be available only for visiting exchange students from Chinese partner universities.
This module elaborates and analyses (a) the legal and commercial issues associated with international sale contracts; (b) the organization and content of such contracts; and (c) how parties can engineer satisfactory solutions through adjusting the terms of their agreement against a background of freedom of contract. The concentration will be on the rules of English law: but reference will be made where relevant to other regimes, including the Uniform Commercial Code and the 1980 Vienna Convention on the International Sale of Goods. We identify the principal categories of international sale and commodity contracts; in addition, we give extended attention to the INCOTERMS 2020 (both shipping-related and non-shipping-related) promulgated by the International Chamber of Commerce. Our examination of the legal relationship between international sellers and buyers includes questions of general sales law; of ownership, title and risk; of force majeure; of the commercial and legal significance of transport documentation and insurance; and of the question of remedies. We will make time available time to discuss contemporary issues as they arise, such as the harmonisation of international trade law, and issues associated with containerisation and multi-modal transport.
This module seeks to address the complex legal issues and regulatory challenges arising from the pursuit of commercial activities by electronic means. It focuses in particular on the expanding role of various types of electronic transactions and different forms of digital assets within the modern commercial sphere. It examines the legal frameworks that have been put in place for dealing with key aspects of such transactions and digital products both at the national level and internationally. The module identifies and discusses the problems that governments have had to contend with in seeking to exert their regulatory control in the realm of electronic commerce in today¿s Internet age. Where appropriate, it does so from a comparative perspective which looks at the approaches adopted in the U.K, the E.U and various other jurisdictions. Also examined is the application of existing legal principles to e-commerce, again adopting a comparative approach, analysing existing legal adaptations, their appropriateness and how such adaptations might be improved in the future.
This module concentrates on the international law aspects of Intellectual Property (IP). With the growing global market and continuing disparity between developed and developing countries, IP has assumed a significant role in international discourse. The module discusses the set of laws that govern the creation, protection, sharing, and use of intellectual property in the global context. Topics such as copyright, trademark, geographical indication systems, traditional knowledge, cultural heritage, patents, plant varieties and industrial designs will be explored. IP protection is traditionally jurisdictional, yet, it has become common for IP issues to arise across jurisdictions because IP laws can vary significantly from one country to another. International IP law is the subject of treaties between nations throughout the world, therefore, the module further examines the various existing and proposed international instruments relating to Intellectual Property, such as the TRIPS agreement; Paris, Berne, Rome and Madrid Conventions; Marrakesh Treaty etc. There are organizations that seek to provide global IP protection by establishing international IP laws, hence, the module reviews the efforts of the World Trade Organization (WTO), World Intellectual Property Organization (WIPO), International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO) in the field of international IP framework.
This module¿studies the impact of the fourth industrial revolution, precisely modern innovative technologies on law and regulation of intellectual property rights in the digital age.¿It¿focuses on the relationship between law, innovation and technological developments, and explores legal protection of intellectual assets created in the process of digitalisation. In the digital age, technology has become an integral part of our daily lives and classic human-to-human interactions have transformed into human-to-machine communications. Apart from the inevitable boost in e-commerce and automatisation powered by AI, big data and computation, our dependence on digital technologies and services has increased over the course of the COVID-19 pandemic. Amidst these enormous changes brought by the fourth industrial revolution, digitalisation and intellectual property become hand in hand. Indeed, creative assets and intellectual property rights might become more vulnerable to thefts or infringement risks. Hence, governments and legal authorities strive to ensure appropriate regulation and protection which in turn facilitate digitalisation and provide more opportunities for innovative activities. The module is designed to give students a knowledge base of the legal doctrines and provisions that are applied to intangible outputs and intellectual property rights and their implications in the digitalised world. It gives an overview of the emerging technological developments and digitalisation trends and scrutinises their relationship with intellectual property rights created through transactions taking place in cyberspace.¿Upon critical evaluation of the nature and significance of intellectual property rights including¿copyrights, patents, trademarks, designs and similar rights¿in terms of technology, commercial interests and the law, the module underpins the increased importance of intangibles, such as brands, know-how and data in the digital economy. In this vein, the course sheds light on the private and public interests of businesses, enterprises, governments as well as the international community to ensure legal protection of intellectual property rights and explores national, regional (EU) and international aspects of the regulatory frameworks. The module further delves into the fundamentals of blockchain¿technology and smart contracts and their implications for the intellectual property ecosystem. Moreover, having regard to technological innovations experienced in the maritime industry and the government¿s Marine 2050 strategy, the course also looks at the intellectual property aspects of the AI-powered ships operating independently of human interaction. Finally, the module addresses intellectual property and technology disputes and their resolution.
A spate of high-profile corporate failures over the past few decades have called for detailed examination and investigation of the legal and financial backdrop against which these disasters have been played out. Issues including the role, duties and liabilities of directors, the function of shareholders and various stakeholders, and importantly, the part played by the professional agents of theses separate organs of the company, have become a compelling focus for company lawyers and other corporate regulators on a global scale. The effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit. The second part of the module focusses on these `governance gaps¿, as identified by Professor John Ruggie, the UN¿s Special Representative, and considers how they may be closed. We shall examine the status of corporations under international law, the civil liability of corporations for their participation in international crimes, and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles In the first semester, we aim to provide students an overall knowledge and appreciation of company law and other forms of governance in the contemporary environment, with a specific focus on the UK perspective. Recent changes in this field will also be explored, to discover how the legal system encourages the practical transition to a more sustainable corporate culture. In the second semester, we will provide a comprehensive analysis of the major legal issues emanating from the trans-border operations of multinational enterprises. We examine the commercial concerns of transnational companies against the context of the national, regional and international regimes governing labour, human rights, environmental, sustainable development and corporate social responsibility issues. We will also consider the regulatory choices open to policy makers at both home and host states of multinational enterprises. This module will provide a strong platform for students intending to utilize their knowledge in the global market.
Admiralty Law is offered as a one-year LLM subject and is commonly taken alongside other maritime options, such as Charterparties: Law and Practice, Law of the Sea, Oil and Gas Law and Marine Insurance Law. However, there is little direct intellectual interaction between the current module on Admiralty Law and other maritime modules. Thus, the course may be of particular interest to students enrolled both on the specific programme of International Maritime Law, as well as the International Commercial and Maritime Law. This course concerns a practical aspect of maritime law which was developed by the Admiralty Court in England, and which has influenced many countries in the world. The aim of the course is to provide students with a practical and critical knowledge of those aspects of maritime law relating to the running of the ship. The course is essentially in two parts. Part one deals with substantive areas of maritime law, such as the law of collisions, harbour law, pilotage, salvage, towage, general average, seafarer¿s rights, and carriage of passengers. Part two focuses on enforcement of maritime claims through the practice and procedure of the Admiralty Court, including ship arrest, jurisdiction, maritime liens, statutory liens, and limitation of liability. Although we shall analyse relevant legal concepts from the perspective of English law, the true international character of the course will rapidly become apparent. Many aspects of maritime law have been regulated by international conventions, i.e. the Convention Relating to the Arrest of Sea Going Ships 1952; the International Convention on Salvage 1989; International Convention on Limitation of Liability for Maritime Claims 1976. This would inevitably mean that rules and problems encountered will be similar in various jurisdictions. For example, rules on salvage will be identical in England/Wales; Canada; China; France; Greece; Germany; India; Italy; Nigeria; Norway; Turkey, as all these countries have implemented the provisions of the Salvage Convention 1989 into their legal system either by accession or ratification.
This is a module designed to give an insight into both the legal and commercial relevance of charterparties. The lectures will consider the legal principles which are relevant in relation to charterparties generally and also in relation to specific types of charter and will consider how such principles are evolving in response to market pressures. The module will also look at the relationship between charterparties and the other common contracts relating to the use of a ship and the carriage of goods.
This module introduces the foundations and basic concepts of the law of marine property insurance, i.e. the insurance of ships, cargoes and freight. The law considered is predominantly English law, although it is of international relevance for two reasons. First, principles of English marine insurance law are to be found in many Commonwealth jurisdictions and is recognised as authority in the United States. Secondly, forms used in London Insurance market are to be found in 2/3 of the world¿s markets (according to the UNCTAD) and the US forms show marked similarities. English marine insurance law is based upon the Marine Insurance Act 1906 as modified by the Insurance Act 2015. Most provisions of the Act, however, are frequently subject to contrary agreement between the parties and the Act does not address the perils against which cover is provided. Accordingly, considerable emphasis is placed on the standard clauses of the International Underwriting Association of London where much of the substance of modern marine insurance contracts is to be found. Throughout the module, the respective positions, rights and duties of assureds and insurers are analysed, as also are the concepts of indemnity, subrogation and co-insurance.
The aim of this module is to provide an account of the contractual framework governing the production, sale and distribution of oil and gas. It deals with many of the unique commercial and financial arrangements engaged. The module also addresses liability matters which are commonly associated with daily operational hazards of the joint venture, including environmental damage and personal injury.
Offshore energy resources include hydrocarbon resources, such as oil and gas, and renewable energy (including those that come from wind and ocean currents). Offshore energy law deals with many different issues, some examples are the extraction of (renewable) energy resources and the environmental impact of such activities. The module will focus both on offshore renewable energy resources but include areas which might also be relevant to hydrocarbon resources (e.g. oil and gas). Our prosperity, progress and mobility are heavily indebted to utilising hydrocarbon resources for energy. Oil and gas are transportable, still relatively cheap and comparatively abundant sources of energy. They are also the fundamental ingredient in many of the products that we use daily and the engine of economic growth in many parts of our globalised world. Although hydrocarbons still power the majority of the world, there has been a large expansion on the discussion, research and implementation of renewable energy over the past two decades. This trend seems to be growing with both developed and developing states pledging action and investment in the development of these new, cleaner technologies. One background to this development is that there are risks involved in relying heavily on fossil fuels ¿ including environmental devastation, dependence on an often-volatile international market, and depletion of a finite resource. Renewables promise solutions to all of these problems but face challenges of their own, including the consistent failure of States to meet both international and national targets, a general downturn in renewable energy investment (especially during the last half decade), the expense and difficulty of establishing the infrastructure necessary to implement these renewable energies, and the fact that science has yet to make these technologies as cheap and efficient as their polluting rivals. This module aims to provide the students with an understanding of the international and transnational legal frameworks governing offshore (renewable) energy resources and the offshore energy sector.