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. 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.
(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
(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
(LA7060) 10 ECTS
The purpose of this course is to impart techniques to improve the lawyering abilities of course attendees.
The motivation behind this course is that (a) substantive law has grown to the extent that full grasp of it is impossible, and (b) specific skills training, apart from its application in substantive law courses, ends with introductory undergraduate courses in legal writing and perhaps a postgraduate seminar on thesis writing.
Most legal courses focus on the transfer and testing of knowledge of a substantive area of law, and many are taught in the traditional way of a common law type, case-centric, story or history of evolution of substantive law in reaction to developments. In contrast, this course teaches a set of advanced generic thinking skills applicable to the full range of areas of law.
With the involvement of external experts including Dr. David Delany of CAPSL, TCD, and Charles Garavan BL, Institute of Taxation, in the various modules, the following topics will be covered:
Advanced learning techniques -Accelerated development of expertise: advanced thinking skills and knowledge manipulation techniques as applied to mastering difficult legal skills such as precedent analysis, case synthesis, and legal trend mapping.
- Memory training -Mnemonic and other techniques for overcoming information overload.
- Argument mapping - Software-based approaches to visually clarifying, mapping, and assessing the underlying logical structure of legal arguments
- Electronic search resources and filing - Legal information management techniques and procedures
- The importance of experience, and what to do without it
- Legal writing and advocacy
Module Lecturer: Dr. Diarmuid Rossa Phelan SC
(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
(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
(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
(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
- 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
(LA70XX) 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
(LA70XX) 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
(LA70XX) 10 ECTS
On the one hand, copyright law is often justified on the basis that it incentivizes authors to create beneficial works. On the other, it is just as often criticized on the basis that these protections unnecessarily restrict further innovation. This tension is most apparent online. Drawing on legislation, caselaw and scholarship from Ireland, the UK, the EU, the US, Australia and Canada, the aim of this course is to identify possible resolutions of these contentious issues. The course will be taught entirely through materials available online.
Module Lecturer: Dr. Eoin O'Dell BL
(LA7028) 10 ECTS
This module will cover both the legal and regulatory environment and the informational and market infrastructures which apply in Ireland and the wider EU. The objective of this module is to develop an understanding of the development of corporate governance and its importance to companies and their stakeholders. It seeks to provide a framework for analysing how regulations impact on corporate decision-making, ethics and planning. The module will investigate the processes of supervision and control within companies and determine what the primary aims of those processes should be – to ensure that directors act in the interests of shareholders or wider stakeholder groups. The theory and the reality of shareholder democracy will be analysed. Throughout the module, consideration will be given to the important question of determining the appropriate form of regulation to achieve the desired aims of corporate governance. The theory will be contextualized and the impact of recent corporate governance scandals discussed. By widening of the scope of corporate governance, consideration will be given to the underpinning ethical and legal principles as well as the economic incentives on which concepts of corporate social responsibility are based.
Module Lecturer: Professor Blanaid Clarke
(LA7074) 10 ECTS
The purpose of this course is to explore the areas of corporate, white-collar and regulatory law. Students will analyse: the importance and effects of corporate crimes from a sociological perspective, the motivations behind so-called “white-collar criminals”, the class-divide and how the subject is defined; the issues of attributing direct or personal criminal liability to a corporation; the reasons why absolute, strict and vicarious liability are deployed more often by the legislature in regulatory matters; the different responsibilities of the various categories of directors and other natural persons behind the corporate vehicle and how liability can be attached to each; the core substantive offences in the area whether under the Companies Acts or from diverse areas such as the fraud, revenue, corruption, competition, health and safety, corporate manslaughter or securities and market abuse codes; the offence of money laundering; the various regulatory, investigatory and prosecuting bodies responsible in this area and their powers; the tools of attack surrounding investigations into white-collar crime and the barriers to investigations; whistleblowers (employees, auditors, liquidators and receivers); the issues attached to prosecuting complex fraud or financial cases and the debate surrounding the robustness of the jury trial in this area; the problems with sentencing corporations and the various means of penalising individual actors, such as custodial sentences and disqualification orders; the debate surrounding the use of administrative sanctioning and civil fines; the civil confiscation measures available to disgorge white-collar offenders of the proceeds of corporate crime; comparative analyses of the differing criminal justice systems of the US and the UK in so far as they apply to corporate crime; and the many proposals for reform intended for this area.
Guest-lectures will be given by defence/prosecuting barristers and the various bodies charged with responsibility in this area, where possible, and students will be asked to conduct case-studies on major events in this field, such as health and safety disasters, pollution or other environmental scandals and financial frauds. Lectures will also involve participation, discussion, research and presentations on the part of students.
Module Lecturer: Ms Shelley Horan BL
(LA7070) 10 ECTS
This course provides a comprehensive overview of the existing legal framework applicable to corruption. Prior to the 1990's corruption was viewed uniquely in terms of bribery, and the bribery offences themselves dated from the early 1900's. Today, the legal fight against corruption is taking place on a number of other fronts and the earlier criminal rules have been substantially updated. The course considers four main types of anti-corruption measures; preventative, criminal, asset recovery and enforcement. Preventative measures largely comprise measures aimed at controlling conflicts of interests/promoting ethics and political finance control as well as those promoting transparency in public life. Criminal measures include offences such as bribery, account offences, misconduct in public office and money laundering. Asset recovery focuses on the criminal confiscation and civil recovery of assets. Finally, enforcement considers the powers of the Gardaí Síochána, in investigating corruption as well as those of the Ombudsman and Commissions and Tribunals of Inquiry. As the developments in this jurisdiction were influenced by various international measures, this course also considers those measures with reference to the domestic legal framework.
Module Lecturer: Ms Imelda Higgins BL
(LA70XX) 10 ECTS
This module is concerned with the recognition and exploitation of legal rights in creative works such as lterature, music, theatre and art. It focuses mainly on how copyright is recognised in these types of works, with a focus on Ireland but includes comparative and international law perspectives. The copyright law regime will be considered against a backdrop of an analysis of copyright law’s history, philosophy and theoretical foundations.
Module Lecturer: Ms. Eva Nagle BL
(LA7044) 10 ECTS
The LL.M. course in Employment Litigation aims to provide students with a comprehensive understanding of the nature of employment litigation in Ireland. In order to do this, the course integrates an analysis of substantive employment law issues with a consideration of key procedural rules, enabling the governing doctrinal principles of employment law to be understood in a practical setting.
In particular, the course aims to provide a thorough overview of the many different legal fora in which redress is sought in the employment context in Ireland, and of the nature of the litigation that is instituted in each forum. Throughout the course, attention is focused upon topical and emerging judicial and legislative developments in the area and on the effects of these developments on employment litigation in practice.
Module Lecturer: Dr. Des Ryan BL
(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
(LA7027) 10 ECTS
This course will focus on key topics related to the regulation and supervision of banks and the securities markets in the EU. Topics will include EU efforts to ensure financial stability, market integrity and consumer protection through regulation and supervision of banks and financial intermediaries and the tools used to achieve these goals. Specific areas of discussion may include: strengthening the banking sector; maintaining the integrity of the capital markets; strengthening the financial services infrastructure; implications of “shadow banking”; fitness and probity of the management of banks; and the evolving role of central banks and the ECB. Topics covered will be described through current events wherever possible. Knowledge of mathematics, economics or finance is absolutely not necessary. EU Financial Services Law is not a prerequisite, but a basic understanding of the primary directives and regulations related to the banking and securities sectors is recommended.
Module Lecturer: Mr. Donald MacLean
(LA7010) 10 ECTS
This course presumes a basic acquaintance with the institutional law of the European Communities (e.g. the various roles of the institutions and the types of legislation) and focuses on the substantive law of competition applicable to undertakings. The course focuses on the EC Treaty articles on competition and on the programmatic secondary legislation, much of it recent. Secondarily, reference will be made to the Commission's Notices on competition policy and the decisions of the Court of Justice of the European Communities and decisions of the European Commission. Some attention will be given to Article 90 (EC) and to the Irish law on competition, which in substance, but not in institutional structure, mirrors the EC system.
Module Lecturer: Dr. Diarmuid Rossa Phelan SC
(LA7042) 10 ECTS
The EU is comprised of circa 500 million consumers based in 27 different countries. Although drawn from different traditions and cultures, all of these myriad consumers are supposedly the ultimate beneficiaries of the process of market integration in the EU (insofar as that marketplace provides them with high quality goods and services at optimal prices).
This module is designed to examine the respective roles played by EU law-makers and enforcers in protecting the consumers of goods and services throughout the European marketplace. A closely related issue is whether the blueprint for EU law and policy has been adequately designed to turn its 500 million consumers from market passengers into market drivers. With all of this in mind, the course focuses on the following ten subject areas: (i) The Evolution of EU Consumer Law and Policy; (ii) The Paradigm of the Informed EU Consumer; (iii) Consumer Contract Law; (iv) Sale of Goods and Services (including Electronic Commerce); (v) Product Liability and Product Safety; (vi) EU Travel and Tourism law; (vii) Unfair Commercial Practices; (viii) Consumer Credit Law and Practice; (ix) Litigation, Redress and Enforcement; (x) Competition Policy and EU Consumers.
Module Lecturer: Mr. Alex Schuster BL
(LA7020) 10 ECTS
The EU aims for a high level of environmental protection and at ensuring an improvement in the quality of the environment. EU environmental law and policy is considered enormously important both within the Member States of the EU as well as beyond the borders of the EU itself. This course will focus on origins, objectives, principles, instruments and actors of EU environmental law and policy. Topics will include the legal bases for regulation in the environmental field, the relationship between the EU and its Member States, implementation and enforcement of EU environmental law, the internal market and environmental protection as well as the main legislation in the fields of industrial installations, waste, chemicals, water, air, biodiversity and nature conservation, genetically modified organisms, climate change, as well as the external dimension of EU environmental law. Relevant links with other EU policy areas, such as energy, will also be addressed. Students are expected to participate actively in class and to prepare a substantial research paper.
Module Lecturer: Dr Bilun Mueller
(LA70XX) 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
(LA7025) 10 ECTS
This survey course will focus on the regulation of the EU and Irish financial services industry with emphasis on the primary legislation pertaining to banking, the securities markets, and the provision of pension and insurance products. Topics will include an overview of each of the banking, securities, pensions and insurance sectors; the free movement of capital and the creation of a Single Market for financial services in the EU; the primary directives and regulations pertaining to each sector; and the principles and goals driving the methods of authorization and supervision of the market participants in each sector. Discussion will focus on current events and issues that affect the EU (and Irish) oversight and regulation of financial services.
Module Lecturer: Mr. Donald MacLean
(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
(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
(LA7014) 10 ECTS
The protection of intellectual property law rights raises a multiplicity of issues in Community law. On the one hand, the recognition and protection of such rights is an essential part of a functioning and dynamic market economy. On the other, such rights may present a direct threat to the unification of the internal market. This course will examine the attempts made to reconcile these two aspects of intellectual property rights both by the Court of Justice and by the Community legislative powers. Topics covered will include the application of the EU Treaty provisions and secondary legislation applicable to copyright, patents, trade marks and industrial design rights. The course will be of particular use to those wishing to work in a commercial environment, however any student seeking to understand how Community law works in practice will find it relevant.
Module Lecturer: Ms. Imelda Higgins BL
(LA70XX) 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
(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
(LA70XX) 10 ECTS
This module will involve an in depth analysis of the European and Global perspective on the protection of intellectual property rights connected with the business of professional sport; (1) The first part of the course deals with the protection of the rights of sports persons in respect of their image rights, focusing on the approaches amongst others in Canada, the United States and Europe. Fundamentally it will consider the role of the law in protecting athletes in controlling the way in which their images are used in endorsement arrangements. (2) The second part will examine the protection afforded to sports bodies in controlling the merchandising of their brand, images and logos. (3) The third part looks at the protection afforded to major sports wear manufacturers in terms of control of their brand and logos and considers recent case law in which sports wear manufacturers have sought to prevent other companies from using their logos, designs or inventions or equivalents thereof. (4) The fourth part looks at the application of intellectual property law in the context of sponsorship arrangements, focusing in particular on the position of the organisers of major sporting events (5) The final part looks at the phenomenon of ambush marketing and assesses how intellectual property law can be used to limit its impact.
Module Lecturer: Mr Paul Coughlan BL
(LA70XX) 10 ECTS
This module examines practical aspects of invoking the various forms of intellectual property rights against third parties. In particular it reviews procedural and evidential issues that typically arise in intellectual property litigation, the interlocutory and final orders that provide redress to successful litigants, and jurisdictional questions which may influence where proceedings are commenced.
Module Lecturer: Professor Neville Cox
(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
(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
(LA70XX) 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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(LA7067) 10 ECTS
This module aims to provide the student with an in-depth analysis of the law as it pertains to the seizure, confiscation and forfeiture of criminal assets in the Republic of Ireland. It also looks at the historical impetus behind the relevant legislation as well as analyzing the path the law is likely to follow in the future, including recent developments in the law designed to combat money laundering. No prior knowledge of the topic is required, however it will be assumed that the student has a general familiarity with the principles of criminal and civil law as well as the rules of evidence.
The module will be primarily based on an analysis of the relevant legislation; The Proceeds of Crime Act, 1996/2005 and the Criminal Justice Act, 1994. This analysis will be supplemented by detailed criticism of the relevant judgments on the topic. The course will also examine the way in which the Irish legislation and procedures compare with selected international approaches to the subject as well as how it coincides with ECHR law.
The module will require pre-lecture preparation by those partaking in it and, in addition, students will be expected to participate in class discussions on the weekly topics.
Module Lecturer: Mr. Shane Costelloe BL
(LA7059) 10 ECTS
This course will consider the framework and objectives of corporate insolvency law and the balance that must be struck in this area of the law so as to serve corporate as well as broader public policy and social ends. The course will seek to develop an understanding of the key practice areas of Irish insolvency law:- examinerships, liquidations, receiverships and will also consider schemes of arrangement and personal bankruptcy. The course will examine the remedies available to creditors and employees of insolvent entities; the distribution of assets and the preferential treatment of certain classes of creditors and the policy considerations and rationale underpinning the legislation and jurisprudence in these areas. The role and duties of directors and the sanctions available against directors and their personal assets together with considering the role carried out by the Office of the Director of Corporate Enforcement and other regulatory authorities will also be examined. The course will also consider aspects of cross border and international insolvency law with a particular focus on comparative insolvency processes in England and the USA.
Module Lecturer: Ms. Marsha Coghlan
(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
(LA7023) 10 ECTS
Restitution is emerging as the third head of the private law of obligations, separate and distinct from Contract and Tort; it is concerned with those actions which have as their aim the reversal of an unjust enrichment.
The main pedagogical objective of this course is to explain in an Irish context the detail of this emerging subject, and to locate the Irish contribution to this subject in the general Common Law world. To explore the conceptual and theoretical underpinnings of this subject, the classes for the course are conducted more as discussion seminars than lectures.
Module Lecturer: Dr. Eoin O'Dell
(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
(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
(LA7047) 30 ECTS
The research dissertation, of a maximum of 25,000 words, may be on any theme, 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.
As a minimum requirement, candidates for the LL.M degree must hold a good honors law or law-based interdisciplinary Bachelor degree. Assuming that this basic pre-requisite is in place, thereafter 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