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: Dr. Neville Cox 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 course will deal with EU laws, policies and case law in the field of air transport. Main topics will 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 will also be addressed.
Module Lecturer: Dr Ewa Komorek
EU Environmental Law
(LA7020) 10 ECTS
The course introductory material covers the evolving legal basis for environmental action, the principles of European environmental law and techniques for environmental management. This is followed by a series of lectures and presentations on substantive aspects of EC environmental law including EC conservation and biodiversity law, horizontal measures, water protection, air pollution, waste and climate change. Students are expected to participate actively in class and to prepare a substantial research paper. The course will focus on policy considerations and how they have been achieved at EC and Member State level by reference to practical cases and experience. Topics covered may change according to the research interests of the lecturer and the time available.
A minimum of five registered students is required for this module to take place.
Module Lecturer: Professor Yvonne Scannell
European Energy Law
(LA7077) 10 ECTS
The EU pursues a strategy for competitive, sustainable and secure energy. The main energy we use is electricity. Therefore, within the EU, electricity must be generated, transported and used in a competitive and sustainable way. All these stages need regulation. This course will focus on the European energy law and policy. Topics will include the historic development of EU energy policy, the legal bases for regulation in the energy sector, the internal energy market, energy efficiency, the external dimension EU programmes on energy, green vehicles, trans-European networks, European legislation on energy sources like nuclear and renewable energy and security of supply. The interplay with competition law will be addressed. Students are expected to participate actively in class and to prepare a substantial research paper.
Module Lecturer: Dr Bilun Mueller
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
(LA7008) 10 ECTS
The basic idea of the course is to give content to the Irish constitutional guarantees of freedom of expression by focusing on recent important speech jurisprudence, doctrine and research in Ireland and in other jurisdictions, such as Australia, Canada, the UK, the US, and the European Convention on Human Rights, with examples also drawn from other jurisdictions such as New Zealand, Germany and the European Union. The main pedagogical objective is to deepen and broaden the dialogue between the Irish constitution and other relevant documents on the one hand, and the constitutions and basic human rights documents in other similar common law and European jurisdictions on the other, by examining not only the extent to which Irish constitutional and legal soil may either take transplants of external freedom of expression norms or grow its own similar norms in a process of parallel evolution but also the converse case of the extent to which international norms can be influenced by Irish developments.
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 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 Family Law
(LA7046) 10 ECTS
International Family Law concerns aspects of international law that relates to families and also domestic law that applies to international families. This course will introduce international human rights norms relating to families and family life as well as private international law rules that affect families, and also examine the interaction between the two. Individual topics will include marriage, separation and divorce, child custody, abduction and adoption, and maintenance and spousal support. Particular focus will be placed on European rules and the Hague Conventions although other convention and the domestic rules of various States will also be examined.
Module Lecturer: Dr. Eimear Long
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
Internet Law and Regulation
(LA7043) 10 ECTS
The Internet occupies an important place in our modern world but its free development and cross-border nature raise difficult questions concerning law and regulation. While technology moves rapidly, legal and regulatory mechanisms have not been able to match that pace and much of what has become accepted practice in relation to Internet regulation falls into the grey area of soft law.
The objective of this course is to permit students to develop an understanding of the area which will enable them to adopt a searching approach to the challenges posed by the Internet and other electronic media in terms of both the application of existing laws to an electronic age and the difficulty in obtaining a co-ordinated international approach to regulation of the Internet. This course will begin with a consideration of the origins of the Internet which will give an insight into relevant regulatory institutions such as ICANN (the Internet Corporation for Assigned Names and Numbers) and WIPO (The World Intellectual Property Organisation) and domestic Irish institutions such as the IEDR (the Irish domain registry). The course will then consider a range of issues under the umbrella of Internet governance such as electronic contract formation, consumer protection issues relating to e-commerce, defamation and the Internet, the regulation of website domain names and the legal response to issues such as cybercrime and spam.
Module Lecturer: Dr. Deirdre Ahern
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: Dr. Neville Cox BL and Dr. Roja Fazaeli
Judicial Activism, Human Rights and the Indian Constitution
(LA7055) 10 ECTS
The Supreme Court of India has a well justified reputation for judicial activism. This course analyses the Court’s jurisprudence on a range of themes, including equality, religious liberty, public interest litigation, gender, freedom of speech, preventive detention and environmental protection. It addresses questions relating to democracy and the limits of judicial activism, as well as considering other agencies for the protection of human rights in India.
Module Lecturer: Professor William Binchy
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 Lecturer: Dr. Alan D.P. Brady BL
Key Issues in Private International Law
(LA7053) 10 ECTS
Private International Law is presently undergoing a major transformation as it seeks to come to terms with contemporary developments in human rights, regional realignments and the increasing international remit of modern constitutions. The course examines these developments and their impact on traditional approaches to jurisdiction, choice of law and the recognition and enforcement of foreign judgments in states of varying traditions. It then looks at how private international law has become an integral part of the European Community and Union Law project and will also consider in particular the cross-border commercial implications of continued European integration.
Module Lecturer: Mr. John Ahern
The Legal System of Timor Leste
(LA7032) 10 ECTS
Timor Leste (East Timor) has had a difficult emergence into independence. Having asserted its freedom from Portugal in 1975 it was occupied by Indonesia until 1999, when Indonesia departed, leaving behind a trail of destruction. The U.N. assumed responsibility. In 2002 a new Constitution came into effect. This course examines the legal system of Timor Leste. How a small country establishes itself in an entirely new constitutional order is a fascinating study of law in action.
Module Lecturer: Professor William Binchy
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: Mr. James Gallen
Travellers, Human Rights and the Law
(LA7058) 10 ECTS
Travellers have faced significant legal barriers to the full recognition of their human rights. The course examines some challenging questions relating to ethnicity, nomadism, discrimination and equality. It examines the jurisprudence in the global and regional human rights instruments as well as the Constitution. It analyses specific issues relating to accommodation, education, gender and culture. There will be several guest lecturers with particular expertise in their subject areas.
Module Lecturer: Professor William Binchy
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 28 June 2013.
Admissions
Full details on admission requirements and the application process can be viewed on our Admissions page
This page was last updated by Kelley McCabe