Fundamental Principles of Contract 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.
Applied Commercial Law and International Business Practices
Contemporary concerns originating in market and business failures sufficiently indicate the vital importance of business law for accountability and performance. Taking account of the rapid developments in this field, this module offers students an unique opportunity to explore business law on a broad spectrum. It allows for an investigation into new and dynamic issues pertinent to the operation of businesses in the international context, including intellectual assets management, international payment and transactions, the governance of businesses and aspects of insolvency and personal responsibility. Designed to accommodate both legal and commercial perspectives, it allows students to obtain an understanding of cutting edge developments in a number of discrete legal areas.
Law of International Trade
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.
Commercial and Maritime Mooting
The module adopts a holistic and practical approach to teaching international and transnational dispute settlement by using the medium of mooting. In particular, the module offers advocacy training and innovative teaching in commercial and maritime arbitration and adjudication. Teaching is offered through a combination of seminars and advocacy labs. The module employs audio visual study aids, a unique teaching method inspired by the Harvard Case Method. The syllabus covers key skills in oral and written advocacy in international and transnational arbitration and adjudication.
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.
Oil and Gas Law: Contracts and Liabilities
Offshore oil and gas exploration and production has always been an uncertain field of law, with practice and governing regulation becoming increasingly difficult to set out and apply as a result of the constant change in technology and geopolitics.
This module aims to give a broad, yet detailed, foundation in the main aspects of petroleum contracts/agreements, with heavy examination of some of the most significant contracts during the various phases and activities, from pre-authorisation to decommissioning.
Rather than use the term `chain¿ or `list¿ of contracts, the idea of a `web¿ or a `matrix¿ is more appropriate, due the nature of the industry - which involves numerous important parties working together, with various stages and phases often taking place in tandem with others. This complex framework of contracts begins with the seeking and gaining of authorisation for E&P and ends with post-authorisation ¿ a stage which often goes beyond the life cycle of a rig. This module will also explore aspects of project financing as well as more `downstream¿ transport and sale elements specifically those of refined oil/gas sales.
Environmental regulation has taken on an increasingly important role in recent years and with the Deepwater Horizon disaster of less than half a decade ago still fresh within the consciousness of the affected parties, this module will seek to analyse the current liability framework in place for the industry. It will also explore the common potential tortious liabilities which take place during the daily running of the operation.
Although this module may take some elements from English law, it is intended as a module covering issues which can be found internationally and will be taught as such.
Offshore Energy Law
Offshore energy resources include hydrocarbon resources, such as oil and gas, and renewable energy (including those that come from wind and ocean currents). Fields of (international) law that have shaped rules of offshore energy law and influence and regulate offshore energy related issues are inter alia international law of the sea, international environmental law, investment law, and human rights law, all of which will be discussed in this module. 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 and hydrocarbon resources (e.g. oil and gas). Nowadays, and despite the potential of using renewable energy resources, the importance of oil and gas resources remains difficult to overstate. 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. Nowadays, 60% of the oil and gas resources come from offshore areas ¿ supplies of oil and gas on land are increasingly nearing the end of their lifespan, and chances are slim of discovering new oil and gas supplies on land. Predictions have been made that about 70% of the oil and gas reserves that have yet to be discovered are located offshore, some of which are based in areas where the States concerned have not agreed on the location of their maritime boundary. As a result, maritime areas where oil and gas resources are present, or are rumoured to be located, have increasingly come to attract the interest of the oil and gas industry. This led to a significant expansion of the offshore industry, particularly in the last 25 years, which was also the moment when the offshore exploration and exploitation for oil and gas resources took flight.
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.