* Course Overview
LLM International Trade and Commercial Law
We live in an increasingly global community, and trade across borders continues to rise. Understanding how the law works on an international scale for business and commercial interactions is useful for a number of different roles.
Many undergraduate law degrees contain little content about international trade law – so for lawyers who wish to specialise, this comprehensive degree in the field will help distinguish skills amongst legal practitioner peers. For people in managerial roles whose companies span across national borders, this course will help the understanding of the minutiae of details relating to transnational commercial dealings. And for those who simply want to gain further understanding of the nature of international business and trade, this course will provide a thorough grounding in the relevant legal topics.
The course will delve into many legal topics including:
the remit, procedures and operation of the World Trade Organisation
competition law and how it is implemented at a national and international level
the main issues that arise in international sales of goods transactions
You will also be able to tailor your course with a range of optional modules. You will round off your studies by conducting an original research project on the topic of your choice within the field. You will gather data, conduct analysis and create a well-written and thoughtful dissertation on the subject.
* Course Details
The LLM International Trade and Commercial Law is made up of the following modules and, upon completion, is equal to a total of 180 credits.
Duration : 1 year
Credits : 180 CR
Entry Requirements : Bachelor Degree in any frields
Intakes : Every month in 2020.
Delivery Method : Blended
- Blended Learning is a mix of Online to Offline education mode. Students can study all the university materials online but there is minimum offline management.
- Online lectures, webinar, and workshops.
- Independent learning
- Case Study
- Group-based work
Modules :
The World Trade Organisation (WTO) was established in 1995 and is the only international organisation which deals with the global rules of international trade between nations. The WTO agreements are negotiated and agreed by many of the world’s trading nations and ratified through their parliaments.
The WTO aims to contribute to economic development and growth across the world by reducing or removing obstacles to international trade. The WTO also provides a legal and institutional framework for implementing and monitoring the agreements, as well as settling disputes arising from their interpretation and application.
The current body of trade agreements consist of 16 multinational agreements (to which all WTO members are party) and two plurilateral agreements (to which some WTO members are party). The WTO has 162 members, of which 117 are classified as developing countries or separate customs territories.
WTO activities are supported by a Secretariat of 700 staff under the Director-General. The Secretariat is located in Geneva, Switzerland and has an annual budget of $180 million. The module considers the development of the WTO in world trade, its remit and how it operates procedurally.
It will also cover notable successes and failures as well as consider criticisms of the WTO. The module will equip the students with an understanding of the concepts behind the WTO and the opportunity to critically analyse the effectiveness of the WTO and the law governing international trade agreements. Students will gain an in-depth knowledge of world trade through the agreements and procedures of the WTO
Learning outcomes
▪ demonstrate a thorough understanding of the legal principles of
international trade through WTO agreements
▪ understand the remit, procedures and operation of the WTO
▪ understand the legal interpretation of WTO agreements
▪ know how the WTO agreements promote international trade
| Description of unit of assessment | Length/Duration | Submission Date | Weighting |
|---|---|---|---|
| 2 discussions | 2 weeks | 20% | |
| Mid module assignment | 2,500 words | Mid term | 40% |
| End of module project | 2,500 words | End term | 40% |
International competition law is designed to ensure the consumer gets the best deal possible from the companies that manufacture and sell goods and services. Competition law has put in place safeguards at a national and international level to help prevent companies from manipulating market conditions by which prices could be artificially inflated, choice limited and innovation stifled.
This can be by a number of devices, such as mergers, horizontal agreements, vertical agreements or limiting the supply of goods and services to control demand. The students will gain an in depth knowledge of the devices that companies use and the laws, articles and regulations used to combat them.
The module will equip the students with an understanding of the concepts behind international competition law. They will have the opportunity to critically analyse the effectiveness of international competition law in protecting consumer welfare. Students will gain an in-depth knowledge of international competition law.
Learning outcomes
▪ demonstrate a thorough and critical understanding of the
legal principles of international competition law
▪ critically evaluate the ways in which competition law is
implemented at a national and international level
▪ critically review the legal interpretation of international
competition laws, articles and regulations
▪ analyse how international competition law promotes innovation
and trade
▪ critically review how international competition law protects the
consumer
▪ critically analyse international competition law through a sector
specific case study
| Description of unit of assessment | Length/Duration | Submission Date | Weighting |
|---|---|---|---|
| 2 discussions | 2 weeks | 20% | |
| Mid module assignment | 2,500 words | Mid term | 40% |
| End of module project | 2,500 words | End term | 40% |
This module provides students with an advanced understanding of the research designs commonly employed within International Trade and Commerce research. It combines both a theoretical and a practical approach to learning, which enables students to develop the research skills that are essential for completing their LLM dissertation.
Students will be taught doctrinal legal research along with Empirical, socio-legal and international law methods to legal research through structured units that cover the entire research process from design to write up.
Learning outcomes
▪ have an advanced understanding of the range of research
methodologies available to investigate any given research
question.
▪ conduct and report a rigorous and advanced search for
peer reviewed research.
▪ critically appraise research papers and construct a
literature review.
▪ demonstrate the ability to collect and analyse qualitative
and quantitative data paying particular attention to: ethics,
sampling, and analysis.
| Description of unit of assessment | Length/Duration | Submission Date | Weighting |
|---|---|---|---|
| 2 discussions | 2 weeks | 20% | |
| Mid module assignment | 2,500 words | Mid term | 40% |
| End of module project | 2,500 words | End term | 40% |
This module provides students with an opportunity to conduct an original research project on a topic of interest, aligned to a relevant area within international trade and commercial law. Students will submit a research proposal in their research methods module and this proposal will be used to identify an appropriate member of staff to act as the student’s supervisor
Supervision This module is research based and as a result students will not receive a taught syllabus. Rather students will be provided with a dissertation supervisor who will guide the student throughout the duration of their thesis.
Learning outcomes
▪ demonstrate knowledge and understanding of the
particular legal issue which you have selected as the
subject of your dissertation, in particular knowledge of the
substantive legal position as identified and derived from
primary legal materials on that issue.
▪ be able to write a convincing research proposal appropriate
for postgraduate research.
▪ evidence competence in research retrieval, evidence
synthesis and presentation
▪ carry out a focused critical and analytical reading and
synthesis of accessed information on the topic.
▪ systematically structure and effectively present in written
form a synthesis of accessed information relevant to the
research topic.
| Description of unit of assessment | Length/Duration | Submission Date | Weighting |
|---|---|---|---|
| Research proposal | 2,500 words | Within 6 weeks of module start | 15% |
| Dissearation | 12,000 – 14,000 words | Within 36 weeks of module start | 70% |
| Viva | 15 – 20 minutes | Within 4 weeks of thesis submission | 15% |
Two optional modules :
The international carriage of goods plays a key role in global trade. Goods are transported all over world in ever increasing quantities. Getting the goods to different places requires a complex infrastructure. It also requires a legal infrastructure that can cross borders with the same ease as the goods can.
For those working in international commerce understanding this legal infrastructure is important. Therefore, a study of different types of carriage contracts is essential to have a full understanding of international commercial law. This module considers different types of carriage of goods. Because of the high volume of goods transported by sea this module focuses especially on the carriage of goods by sea.
It looks at both the national framework (Carriage of Goods by Sea Act) and the international framework (The Hague/Visby Rules, the Hamburg Rules, and the Rotterdam Rules). The module also analyses the carriage of goods by air, road, river, and rail. The module considers national and international legislation regulating different types of carriage contracts. It studies both the theoretical and practical aspects of the carriage of goods.
Learning outcomes
▪ critically examine the place of carriage of goods in international
commercial and trade law
▪ critically review the national and international framework
surrounding international carriage of goods
▪ critically examine the practical legal implications in international
carriage of goods
▪ critically review the current developments in the international
carriage of goods
▪ critically evaluate the international legal instruments in the
international carriage of goods
| Description of unit of assessment | Length/Duration | Submission Date | Weighting |
|---|---|---|---|
| 2 discussions | 2 weeks | 20% | |
| Mid module assignment -oral presentation | 10 – 15 minutes | Mid term | 30% |
| End of module project | 3,500 – 4,500 words | End term | 50% |
Private international law regulates disputes with a foreign element. It is a national law with an international objective. Its objective is to provide rules of jurisdiction and of the applicable law as well as regulate the recognition and enforcement of foreign judgements. Rising international trade has significantly increased the number of cases that private international law applies to. Knowledge of private international law is key to managing insecurity and risk in international legal relations.
It is important for lawyers and traders to be aware of which court has jurisdiction over their dispute and what will be the applicable law. This module focuses on private international law and commerce. It studies both the rules of jurisdiction and the rules for choice of law. The module studies the national legislative framework in which private international law operates.
This has been influenced significantly by the European Union and by international organisations. The module concentrates on these developments. It especially analyses the applicable European legal instruments: the Brussels Regulations and the Rome Regulations. The module will also offer a comparative analysis by looking at how private international law functions in the United States.
Students will have the opportunity to consider questions such as: in which cases can parties select the applicable law to their contract? Which laws can parties select? Which court will have jurisdiction over the case? Which mechanisms protect the parties and are these necessary?
Learning outcomes
▪ develop an understanding of private international law and how
this fits in with the study of international commercial law and
trade law
▪ develop a good legal understanding of the theoretical aspects
of private international law
▪ knowledge of the function of private international law in
practice
▪ familiarity with current developments in private international law
▪ understand the European and international framework in which
private international law functions.
| Description of unit of assessment | Length/Duration | Submission Date | Weighting |
|---|---|---|---|
| 2 discussions | 2 weeks | 20% | |
| Mid module assignment -oral presentation | 12 – 15 minutes | Mid term | 30% |
| End of module project | 3,500 – 4,500 words | End term | 50% |
Intellectual Property Law is varied and demanding, containing elements of a number of legal areas already studied by students, e.g., contract, equity, torts, EU law, and crime. This module will consider the law relating to copyright, patents, trademarks, passing-off, and character merchandising, and an overview of design law.
Learning outcomes
▪ develop an overview of the ideas and themes underlying
intellectual property law and of the international context in
which intellectual property law operates.
▪ reflect critically on policies underlying intellectual property
law.
▪ employ your knowledge of intellectual property law to solve
legal problems and to construct and present alternative,
logical arguments and creative solutions to legal problems.
▪ demonstrate an awareness of various ethical and social
issues raised by the operation of intellectual property law
| Description of unit of assessment | Length/Duration | Submission Date | Weighting |
|---|---|---|---|
| 2 discussions | 2 weeks | 20% | |
| Mid module assignment | 2,500 words | Mid term | 30% |
| End of module project | 3,500 – 4,500 words | End term | 50% |
This module enables students to obtain an understanding of the various dispute resolution methods in international commerce. This module is an ideal complement for the core module in private international law. The module in private international law focuses on the theory and practice of international commercial court litigation. This module on dispute resolution focuses mainly on Alternative Dispute Resolution (ADR) methods. These methods include negotiation, conciliation, mediation and arbitration.
Students taking this module will develop a thorough understanding of the different types of ADR. The number of cases solved through ADR has risen significantly. It is therefore important to understand the national and international framework in which ADR operates. The module provides an overview of the different types of dispute resolution. Arbitration is the most popular method of ADR to settle disputes arising from international contracts. It is also the most formal of these methods. Therefore, the focal point of the module will be arbitration.
It provides an overview of the arbitral proceedings, from the formation of the arbitral agreement through to the enforcement of the award. It looks at both the national and international legislative framework in which arbitration operates. Furthermore, the module discusses online dispute resolution. For those wishing to work in international commerce an understanding of the key issues of international commercial dispute resolution is important given that the amount of cases in this area is rising and that many of these cases are now solved through ADR.
Learning outcomes
▪ know the different methods of international commercial dispute
resolution.
▪ understand the key concepts and principles in international
commercial dispute resolution
▪ demonstrate in-depth understanding of the national and
international legal framework in which international commercial
dispute resolution functions
▪ understand the legal framework surrounding international
arbitration
▪ know the current developments in international commercial
dispute resolution and the challenges this represents
| Description of unit of assessment | Length/Duration | Submission Date | Weighting |
|---|---|---|---|
| 2 discussions | 2 weeks | 20% | |
| Mid module assignment – case study | 2,500 words | Mid term | 30% |
| End of module project | 3,500 – 4,500 words | End term | 50% |
Your Future
The specialist legal knowledge you will gain is of particular use to those working within roles connected to global commerce, such as a lawyer within an international law firm, a multinational company doing business across borders, a governmental organisation regulating trade, or a research position looking into the future of business. The skills you gain will further enhance your CV to unlock senior role possibilities.
Qualified solicitors or barristers will also be able to use the skills and knowledge gained from studying the course to meet their annual Continuing Professional Development (CPD) requirements.
Source:
https://www.essex.ac.uk/