LL.M. (International and Comparative Law) Modules
At Trinity College we offer a diverse range of modules, enough to ensure that all our students have their needs and interests catered for. Students choose from an extensive list of LL.M (International and Comparative Law) modules. The Law School Committee reserves the right to fix a quota for any particular module, or to withdraw a module, or in a particular academic year, to introduce an additional option or to decline to offer a module.
Download the Postgraduate Courses in Law Prospectus from here or order a copy from kelley.mccabe@tcd.ie
Advanced Comparative Law: European Legal Systems
(LA7069) 10 ECTS
This specialised comparative law course explores the boundaries and points of contact between the civil law and common law families of legal system in Europe. Participants will develop a more profound understanding of the similarities, differences and relationship between the legal systems which co-exist within this ever closer Union. A strong understanding of the main European legal systems and cultures will serve LL.M. students academically and professionally in the context of the increasing internationalisation of the law, whether their principal interests lie in the fields of rights protection, commercial law or elsewhere. The analysis undertaken in this module will also shed light on discussions of the systems’ future interactions, including the topical issue of harmonisation of private law in Europe.
The method adopted for this module concentrates on the close investigation of key points of divergence between jurisdictions such as Ireland and the United Kingdom on the one hand and Germany and France on the other. Specific contemporary legal issues drawn from diverse branches of public and private law have been identified as illuminating for the greater insight their study provides. Each carefully-selected topic is a microcosm of the confrontation of the two systems’ distinctive methods, approaches and solutions. Students will be encouraged to confront and analyse the differences in approach between the two systems at philosophical, conceptual and methodological levels.
The module invites the active participation of students from different legal backgrounds throughout Europe and the world, who will be asked to work collaboratively and encouraged to draw on their own legal culture and insights. There will be an emphasis on individual research, collaborative oral presentation and discussion and project work. Prior study of comparative law is not a prerequisite.
Module Lecturer: Dr Niamh Connolly/ Ferdinand Prinz zur Lippe
Advanced European Union Law
(LA7063) 10 ECTS
The Treaty of Lisbon has effected radical changes in both the institutional and legislative architecture of the European Union (EU). This course has been primarily designed to map this transition and explore its over-arching impact on both the functioning of the EU institutions and their law-making processes.
The objectives of this module are eightfold: (i) to explore the history and constitutional basis of the EU ; (ii) to present the new architecture of the EU in a sharp perspective (using, as a blueprint, the revised post-Lisbon numbering system) (iii) to survey the hierarchy of sources of EU Law ; (iv) to give students an advanced understanding of the operation of the European institutions in the post-Lisbon era (as well as, insights as to whether a “democratic polity” can be transplanted into the EU) ; (v) to provide detailed explanations of the nature and effect of EU law ; (vi) to focus on the respective jurisdictions of the General Court and the European Court of Justice, and their methods of interpretation and judicial law-making ; (vii) to examine three of the fundamental freedoms (goods, services and workers) in order to illustrate the concept of market integration; (viii) to explain the legal and practical significance of Union Citizenship.
Module Lecturer: Mr. Alex Schuster BL
African Human Rights Law
(LA7013) 10 ECTS
The course analyses core aspects of African human rights law. It examines the application in the African context of international human rights instruments, with special emphasis on the African Charter on Human and Peoples' Rights and Protocol. It assesses the exten to which the Charter has influenced domestic legal systems in Africa. Several specific human rights themes are examined, including hte death penalty, fair trial rights , the right to healthcare, equality issues, prisoner's rights, freedom of expression and the rights of ethnic and religious minorities. So far as domestic legal systems are analysed, the emphasis will be on the position in Commonwealth states.
Module Lecturer: Professor William Binchy
Arbitration & Alternative Dispute Resolution
(LA7083) 10 ECTS
The module explores the consensual and non-consensual processes available for resolving commercial disputes without recourse to the courts. The balancing of public policy considerations, such as party autonomy and access to justice, is traced through the legal framework for, and practice of, the resolution of commercial disputes by arbitration and various alternative dispute resolution mechanisms such as mediation. The module compares and contrasts arbitration and mediation both with conventional litigation and with each other.
Module Lecturer: Mr. Barry Mansfield BL
The Chinese Legal System In Comparative Perspective
(LA7080) 10 ECTS
The Chinese legal system is of great interest from a comparative law perspective. Law in China had a completely different role traditionally from that in Western society. During the early decades of the 20th century, Western influences predominated. In the years since the establishment of the Peoples’ Republic of China in 1949, the role of law has undergone successive radical changes as China’s social and economic order and its place in the world have been so profoundly transformed. The module examines the contemporary legal system in China. It analyses its constitutional and administrative law foundations, its economic law, intellectual property, tort code and criminal justice norms and practices. It considers how public and private international law fit into the Chinese legal system and addresses issues of human rights and the wider debate on cultural relativism.
Module Lecturer: Professor William Binchy
Comparative Civil Rights
(LA7056) 10 ECTS
In this course, we will be engaging in a critical analysis of various matters connected with civil liberties and civil rights and will be doing through the vehicle of comparative law. Thus we will consider various issues (listed below) having regard to the approach taken to these issues in amongst others, Ireland, Germany, United States, South Africa, Council of Europe and, on occasion, other states including a theoretical Islamic state. The issues considered are
- The concept of universal Human Rights and civil liberties as well as universal understandings of what these rights entail and the principled bases on which these rights can be restricted.
- The Right to Privacy both generally and in the following contexts
- The issue of “unconventional sexual practices”
- Justifying restrictions on the right to privacy by reference to moral concerns
- Abortion
- Gay Marriage
- The right to Freedom of Expression both generally and with a specific focus on the concept of offensive expressions including blasphemy against Islam, cross burning and Nazi marches in the United states and Holocaust denial in Germany.
The class will involve pre-lecture preparation and considerable class participation. In addition, students will, on occasion be asked to prepare presentations to be given in class. Assessment will be by way of exam, but the presentations in question will count for 20% of the final grade.
Module Lecturer: Professor Neville Cox BL
Comparative Constitutional Law and Theory
(LA7085) 10 ECTS
This module explores theoretical understandings of constitutional law, partly through a focus on issues in comparative law and partly through a focus on comparative materials. The module will appeal to students interested in constitutional law, jurisprudence and comparative law. The first part of the module will explore jurisprudential understandings of constitutions and constitutional law. The second part of the module will consider how the Irish Supreme Court has used foreign law in constitutional cases, as well as the international debate over the legitimacy of this phenomenon. The third part of the module will consider how the Irish and the UK courts have addressed the rights-based or constitutional review of administrative action. It will be questioned whether the Irish approach has been helped or hindered by the way in which the courts have had regard to the UK approach.
Module Lecturer: Professor Oran Doyle
Comparative Product Liability: Common Law, EU and US Perspectives
(LA7086) 10 ECTS
Product Liability explores the extent to which manufacturers (and other businesses in the supply chain) are liable for injuries caused by defects in products. This comparative course will examine selected areas of Product Liability law in both the EU and the US, explaining how social and economic factors, as well as legal culture, have shaped the differences between the two regimes. The introductory classes in this course will examine how key legal principles underpinning the system, such as the tort of negligence, contract and warranty, initially contributed to the evolution of this area of law in the common law world.
With the advent of high-tech products and the proliferation of the pharmaceutical industry in an era of mass manufacturing and multi-media advertising , however, both the European Union and the United States have developed more sophisticated methods of compensating consumers injured by allegedly defective products. The main part of this course will compare the Product Liability Directive - dealing with responsibility for harm caused by defective products - with the response to the same mischief in the US in the form of judicial decisions and the Third Restatement of Torts: Product Liability.
Issues to receive special emphasis in the context of this course will include the concept of a producer (including businesses representing themselves as producers by appending their trade marks to products), the definition of defectiveness, the significance of instructions for use and danger warnings, the manufacturing defect/design flaw dichotomy, development risks, the heads of recoverable damages, the running of time in product liability claims; and an incisive exploration of why litigants in the US have had greater success in claiming against tobacco companies than their EU counterparts.
Module Lecturer: Mr. Alex Schuster BL
Corruption Law
(LA7070) 10 ECTS
This module deals with international anti-corruption law and focuses particularly on the criminalisation of bribery at both international and national level. At international level, it looks at the work undertaken by the Council of Europe, the EU, the OECD and the UN in combating corruption, paying particular attention to the anti-corruption/anti-bribery conventions which have been adopted by each of these entities. At national level it focuses mainly on the area of commercial bribery, including in particular, the corruption risks posed by corporate hospitality and the use of agents. In doing so, this course compares and contrasts the approach taken to the criminalisation of commercial bribery in Ireland, the UK, and in the US under the Foreign Corrupt Practices Act 1977, concentrating on the treatment of entities (and their associates) which engage in bribery whether directly or indirectly, intentionally or inadvertently. It also looks at some of the civil consequences of bribery in these jurisdictions. Finally, this module considers how commercial entities can best mitigate these criminal and civil risks and the hall-marks of an effective anti-bribery compliance programmes, referencing both national and international best practice guidance.
Module Lecturer: Ms Imelda Higgins BL
EU Aviation Law
(LA7076) 10 ECTS
Out of all transport modes in Europe, air transport has experienced the fastest growth in recent years. It makes a key contribution to the European economy and plays a vital role in regional development and integration of Europe, as well as ensures connectivity with the rest of the world. This is largely due to the work of the European Union and the creation of single market for aviation.
This module deals with EU laws, policies and case law in the field of air transport. Main topics include the liberalization of air transport and the creation of the internal market for aviation; the European safety and security policies; the protection of passenger rights; the protection of environment; and the application of EU competition law to air transport industry. The relations of the EU with third countries, following the European Court's of Justice 'Open Skies' judgments are also addressed. Guest lectures are provided by industry experts.
Module Lecturer: Dr Ewa Komorek
EU External Relations Law
(LA7088) 10 ECTS
This module explores the law governing the external relations of the European Union, a field which lies at the intersection between European law, on the one hand, and international law, on the other hand. As the EU has intensified its international activity in recent years, the law governing its relations with the wider world has become of increasing importance not only for the EU and its Member States but also for its international partners.
The module is divided into four parts. First, it looks at the sources and nature of the EU’s competence in the external sphere under the Treaty on European Union and the Treaty on the Functioning of the European Union. Secondly, it examines the EU’s practice in the international arena, with a particular focus on the EU’s treaty-making practice, its participation in international organisations and its engagement with the mechanisms of international dispute settlement. Thirdly, it analyses the implementation of the EU’s international commitments within the legal orders of the Union and its Member States. Fourth, it considers the EU’s activity in specific fields of international relations, such as trade, investment, human rights and the environment, with a focus on current developments.
Module Lecturer: Mr David Fennelly
European Human Rights Law
(LA7001) 10 ECTS
This course examines various aspects of international human rights law, and discusses the general themes of which human rights can and should be protected by the international legal order, for example whether the international community should attempt to regulate the cultural practice of female circumcision. Particular emphasis is placed on the European Convention on Human Rights, which is often described as the most successful human rights system in the world. The course examines the institutional structure of the ECHR system and also certain substantive rights protected by the ECHR, such as freedom from torture, freedom of expression, and family rights. The likely impact of incorporation of the ECHR into Irish law, potentially a very significant development, is also considered.
Module Lecturer: Ms. Grainne Mullan BL
Freedom of Expression and Intellectual Property, Online
(LA7091) 10 ECTS
Most Intellectual Property (IP) rules are restrictions upon Freedom of Expression (F0E). For example, copyright and trademark law keep people from publishing words, images, music, and so on. The aim of this course is to examine the policies which underlie IP protections, and to measure them against countervailing constitutional considerations such as F0E. Drawing on legislation, caselaw and scholarship from Ireland, the UK, the EU, the US, Australia and Canada, this will establish specific rationales for the validity of IP protections, and identify the appropriate legal doctrines to ensure that IP does not disproportionately infringe F0E. The course will be taught entirely through materials available online.
Module Lecturer: Dr. Eoin O'Dell BL
Globalisation & Law
(LA7034) 10 ECTS
In the present era of globalisation we are witnessing the collapse of national barriers in the face of the international movement of capital, workers, commodities, ideas and communications of every kind. The ending of the Cold War, the increasing power of international corporations, the development of information technology and the expansion of air travel have had a huge impact in changing global culture and on our understanding of law. The traditional models of nation states and international law have given way to challenges to the concept of sovereignty, the development of international human rights tribunals, such as the International Criminal Court, the extension of new international legal rights and duties to non-state actors and the development of new models of global administrative regulation.
The course on Globalisation and Law seeks to examine these developments in order to gain new insights into the nature and purpose of law. It analyses how globalisation has changed traditional approaches to public and private international law, human rights law, international trade law, freedom of expression (in relation to such matters as defamation, pornography and incitement to hatred), political dissent, terrorism and cultural and religious diversity.
Module Lecturer: Professor William Binchy
International and Comparative analysis of Unfair Competition and Trade Mark Law
(LA7078) 10 ECTS
This module will encompass a comparative analysis of the origin and economic function of a trade marks, including analysis of the evolution of unfair competition in the US and evolving European jurisprudence in relation to dilution and tarnishment of marks.
Module Lecturer: Ms Gemma O'Farrell
International Aviation Law
(LA70XX) 10 ECTS
As noted by E.M. Giemulla, ‘Aviation is a transnational, border-crossing phenomenon. Without aviation, the globalization of the flow of people and goods, and of the mixing of cultures would have been impossible. Without aviation, the global awareness that we all live together on one planet could not have developed’ (International and EU Aviation Law, Kluwer Law International 2011) From its conception in the early 20th century, aviation has been the matter of international concern. The increasing number of legal issues in this area led to the adoption of numerous international measures.
This module explains the history of international aviation law and examines the international legal framework governing civil aviation. Particular attention is paid to the 1944 Chicago Convention which is a cornerstone governing international civil aviation. The course topics also cover the International Civil Aviation Organization (ICAO), the 1929 Warsaw Convention and 1999 Montréal Convention on carriers’ liability, the 1963 Tokyo Convention on crimes committed on board aircraft and the 1970 Hague Convention on unlawful seizure of aircraft (the ‘Hijacking Convention’). The course finishes with the analysis of the regulation of international interests in mobile equipment (2001 Cape Town Convention) and aviation liability insurance. Guest lectures are provided by industry experts.
Module Lecturer: Dr Ewa Komorek
International Criminal Evidence
(LA7087) 10 ECTS
This module will explore international and comparative themes and perspectives on criminal evidence. The emergence and development of common approaches to evidentiary law and practice will be considered including the contribution of the European Court of Human Rights when fashioning standards under Article 6 of the ECHR. Taking Irish evidentiary law and practice as its lead, the module will analyse particular rules and practices with reference to experience in other common law jurisdictions.
Module Lecturer: Dr. Liz Heffernan
International Criminal Law
(LA7051) 10 ECTS
International criminal justice is one of the most rapidly developing areas of international law and practice. This course examines the evolution of the field through its three generations of trials: Nuremberg and Tokyo; the ad hoc Tribunals for the Former Yugoslavia and Rwanda and hybrid‚ internationalized courts such as those for Sierra Leone and Cambodia; and the International Criminal Court. Topics will include the elements of international crimes, jurisdiction, criminal responsibility, rules of evidence and procedure, as well as the challenges of investigating and prosecuting extreme crimes. The course will examine some of the most significant war crimes trials of our era, as well as the historical, political and institutional context within which the international criminal justice system operates. Finally, alternative mechanisms for responding to mass human rights violations, such as Truth and Reconciliation Commissions, will be explored.
Module Lecturer: Dr. Rosemary Byrne
International Dispute Resolution
(LA7068) 10 ECTS
The aim of the module is to provide the students with an understanding of the consensual and non-consensual processes available for resolving civil and commercial disputes with a multi-jurisdictional aspect. The balancing of public policy considerations such as state sovereignty and party autonomy (to agree to resolve issues in a certain matter) is traced through the legal framework for and practice of the resolution of international commercial disputes. The module compares and contrasts conventional litigation before state courts with the growing areas of alternative dispute resolution, including arbitration and mediation.
Module Lecturer: Mr. Barry Mansfield BL
International Economic Law
(LA7007) 10 ECTS
International Economic Law concerns the legal regulation of trade between states. The courses focuses on the organisations put in place to regulate economic relationships between states most notably, the World Trade Organisation and the international treaties, which it enforces such as the General Agreement on Tariffs and Trade. The course examines trade in goods, services and the international regulation of intellectual property. Consideration is given to the international rules governing free trade such as most favoured nation status, national treatment rules and rules against tariffs and other barriers to inter state trade. Defences to breaches of these rules will be looked at. Finally the negotiation of trade agreements and the rules relating to international trade disputes are reviewed.
Module Lecturer: Mr. TP Kennedy
International Humanitarian Law
(LA7072) 10 ECTS
Warfare is as old as humanity itself, but as long as there has been war, there have been customary practices intended to limit the effects of violence for humanitarian reasons. In the last 150 years, States have agreed to codify these practices as international law. The body of rules now known as international humanitarian law (IHL) applies only in time of armed conflict or occupation. IHL aims to define the rights and obligations of the warring parties and to protect the people who are not taking part in hostilities.
This module is intended to familiarize students with the rules and principles of IHL as well as with the complex regime by which they are enforced. It will consist of six sections divided across eleven teaching weeks, with two hours of lectures per week. The first section will consist of an introduction of IHL and will address the law’s historical development and its sources. The second section will discuss the scope of its application. The third section will address the limits established by the law on the means and methods of war which may be selected by belligerents in time of armed conflict. The fourth section will examine the protection that the law provides to the victims of both international and non-international armed conflicts. The fifth section will explore the implementation and enforcement of IHL by State and non-State actors, domestically and on the international stage. The sixth and final section will address the challenges faced by IHL in modern warfare.
Module Lecturer: Mr Colin Smith
International and European Tax Law
(LA7031) 10 ECTS
This module considers recent developments in the fast moving and increasingly important area of international and E.U. Tax Law. The module examines broad concepts and policy issues and does not require a prior background in Revenue or Tax Law. The module comprises three components:
• The first component is concerned with International Tax Law and its relationship to both public and private international law. The role of treaties in this area is considered, with particular reference to the O.E.C.D. and U.N. Model Conventions. Issues that arise in relation to treaty interpretation are examined and recent initiatives undertaken by the O.E.C.D. are considered
• The second component is concerned with E.U. Tax Law and examines how the jurisprudence of the European Court of Justice has clarified manner in which the obligations created by the E.U. Treaty have the potential to affect Member State taxation. Key trends in the development of taxation policy at E.U. level, and the likely impact on taxation at Member State level is considered
• The third component examines the interaction of E.U. and International Tax Law.
Module Lecturer: Mr. Niall O'Hanlon BL
International Trade Law
(LA7050) 10 ECTS
International Trade Law draws on certain issues of International Economic Law and Public International Law. It builds on some of the material covered in the International Economic Law but can be taken independently of it. This course will examine a number of controversial trade issues and considers the approach of law and regulation to them. The course commences with a consideration of the issue of development and the special rules applicable to developing nations. It then moves on to look at the issues surrounding international trade and agriculture, the conflicts that can arise between international environmental law and international trade law and finally will examine issues of international trade and competition law.
Module Lecturer: Mr. TP Kennedy
Islamic Law
(LA7065) 10 ECTS
With the increasing Islamic population both in Ireland and globally, the study
of Islamic law is both timely and interesting. In this module,we consider first
the sources and history of Sharia law and the implications of the operation of a
system which derives its authority from an omnipotent and infallible God. We
also consider the geographical reach of Islamic law and the various ways in
which it is applied in different jurisdictions. We then turn to consider two
controversial aspects of Islamic law, namely the relationship between Islamic
law and modern conceptions of Human Rights and the concept of Islamic finance,
that is, the efforts to try to create new and innovative methods of engaging in
commerce which are compliant with Sharia Law.
Module Lecturer: Professor Neville Cox BL and Dr. Roja Fazaeli
Judicial Review & Human Rights: Theory & Practice
(LA7066) 10 ECTS
This course examines the role played by the courts in protecting, promoting and defining human rights in domestic legal systems. Most common law jurisdictions provide for litigable human rights through constitutions or other fundamental rights documents. In many instances these rights can be asserted against primary legislation as well as executive or administrative decisions. The judiciary are charged with the task of deciding these specialised disputes between the individual and the state. (For the purposes of this course, the term ‘judicial review’ is given its broad definition which includes challenges to legislation as well as administrative decisions).
Human rights adjudication gives rise to numerous theoretical and practical issues of law and politics, which are discussed in this course. Key issues addressed include:
- The desirability and dangers of 'judicialisation' of human rights
- The relationship between the courts and other branches of government in the context of human rights protection
- The consequences of a finding that government action violates human rights
- The role that the judiciary play in promoting a 'human rights culture'
- Obstacles for human rights litigants
Throughout this course, a critical approach is taken to the appropriateness and efficacy of placing the courts process and the judiciary at the centre of human rights protection. The course draws on sources from common law jurisdictions, including Ireland, the UK and Canada. While there are no formal perquisites for taking this course, students are expected to be familiar with the constitutional law of at least one jurisdiction
Module Pre Requisite - Students must have previously studied the constitutional law of at least one common law State.
Module Lecturer: Dr. Alan D.P. Brady BL
Law and Bioethics
(LA7081) 10 ECTS
Bioethics is the study of the ethical and moral implications of new biological discoveries and biomedical advances. This module examines the way in which law should respond to the challenges presented by these advances and, in particular, the extent to which the state should regulate individual access to certain technologies. Students are expected to read in advance of class and encouraged to engage in discussion with a view to developing their understanding of these controversial issues. As well as using traditional legal materials the course will draw on relevant work from the fields of philosophy, sociology and politics. The topics covered will include the sale and mandatory donation of organs, issues in assisted human reproduction such as surrogacy and donor anonymity, assisted suicide, genetic enhancement and diminishment, and intellectual property in human genetic material.
Module Lecturer: Ms. Andrea Mulligan
Principles of Delaware Corporate Law
(LA7089) 10 ECTS
The US State of Delaware enjoys a worldwide reputation as a favoured place of incorporation by both US and foreign companies for its pro-management laws. As such, Delaware corporate law has a strong influence on corporate law policy and the practice of corporate law both in the US and internationally. This module, Principles of Delaware Law, will enable students to become familiar with the advantages of incorporating in Delaware and the doctrinal development of corporate law in key areas and will allow them to engage in debate on key policy issues concerning corporate law using Delaware as a benchmark.
As well as generally considering the special position of Delaware corporate law and its contribution to the formation of corporate law and policy, the module will focus on the market for corporate incorporations and more specific issues such as the development of the duty of care on directors and the business judgment rule, the application of the duty of loyalty to directors and the rules relating to corporate opportunities, the extent to which the interests of stakeholders outside the corporation must be considered, how the courts have set the benchmark in cases involving mergers and acquisitions, the law concerning shares and dividends, and how the Delaware courts have handled the controversial issue of excessive executive compensation.
It is recommended that students taking this module have previously studied a module on corporate law or corporate governance so that they are familiar with how corporations are structured and managed. Numbers taking this module will be restricted so as to facilitate seminar-style class discussion. The module will be taught in seminar style whereby students are expected to read assigned class reading in advance and classes take the form of group discussion. Assessment is entirely by way of a 7,000 word research paper on an aspect of Delaware corporate law and practice. Class debate on key policy issues will facilitate development of the necessary expertise to be able to produce this research paper
Module Lecturer: Dr Deirdre Ahern
Public Law of the European Union
(LA7079) 10 ECTS
In an era in which the powers of the EU and the actions taken by Member States pursuant to EU law are ever-expanding, the focus of this module will be on the mechanisms by which EU institutions and Member State agents are held accountable for the actions they take within the EU legal order, with the role of judicial review in EU law central to this analysis. The module will consider the following: (1) EU administration; (2) EU agencies; (3) proportionality; (4) equality; (5) legal certainty; (6) transparency; (7) the impact of the Charter of Fundamental Rights of the European Union on accountability in the EU; (8) the external accountability of the EU to the European Court of Human Rights; (9) access to national and EU courts and remedies for breaches of EU rights; and (10) the impact of EU public law on public law of the Member States.
Module Lecturer: Dr. Catherine Donnelly
Theoretical and Comparative Criminal Law
(LA7075) 10 ECTS
This module is concerned with substantive criminal law, that is, the content of criminal offences and the general principles that apply to criminal liability. The approach is theoretical and comparative. The module is theoretical in that it pursues sound understanding of analytical tools and normative arguments relating to key issues in substantive criminal law. The module is comparative in that different approaches – in terms of case law, legislative choices, and academic opinions – from several jurisdictions are compared and evaluated. Topics explored may include, among others: the offence/defence distinction, legality, justification and excuse, causation, and moral luck.
Module Lecturer: Mr. David Prendergast
Transitional Justice
(LA7073) 10 ECTS
Transitional justice comprises the full range of processes and mechanisms associated with a society’s attempts to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation. The course examines transitional justice and the legal, moral, and political challenges facing countries in transition from armed conflict or dictatorships.
The course considers strategies including prosecutions, truth commissions, reparation programs, vetting, institutional reforms and reconciliation programs. It first examines the nature of these strategies in a historical perspective and their evolution in the 20th century. It also addresses the theoretical claims and concepts involved in transitional justice as a body of law and social enterprise. The course explores the precise nature of the international law obligations that arise following the commission of gross violations of human rights, including the obligation on States to prosecute perpetrators and the right of victims to receive truth and reparations about such violations. In addition, the course looks at the role and impact of international criminal tribunals, including the International Criminal Court, as well as the work of regional human rights tribunals. It also identifies the significant practical and social obstacles to pursuing these goals in the context of transition, including the continued viability of amnesty for gross violations of human rights. The course makes use of case studies such as South Africa, Timor-Leste, Sierra Leone and Peru to illustrate the radical and dynamic country experience of transitional justice.
Module Lecturer: Dr James Gallen
Research Dissertation
(LA7047) 30 ECTS
The research dissertation, of a maximum of 25,000 words, and not more than 75 pages, on an approved theme relating to some aspect of International and/or comparative law, subject to the approval of the Director of the LL.M. degree programme and the availability of a supervisor. The dissertation counts for 33% of the degree or the equivalent of three modules. It must be submitted on or before 27 June 2014.
Admissions
As a minimum requirement, candidates for the LL.M (International and Comparative Law) degree must hold a good honors law or law-based interdisciplinary Bachelor degree. Assuming that this basic pre-requisite is in place, thereafter admission admission to the programme is at the discretion of the LL.M. Sub-Committee who will decide on questions of admission having regard to the totality of all application files and the objectives of ensuring a diverse LLM class of the highest possible academic calibre.
Further details on admission requirements and the application process can be viewed on our Admissions page
This page was last updated by Kelley McCabe