LL.M. International and European Business Law
This course is designed for graduates who wish to specialise in business law with a view to pursuing their research interests in this field or in preparing to work in busy international commercial firms or legal practice. Students choose from a large list of modules designed to deepen their knowledge of the laws surrounding corporate law, international trade law, international dispute resolution, international business tax law and more. Students on this LL.M. programme gain invaluable specialist knowledge.
The LL.M. (International and European Business Law) is taught over a period of one academic year, commencing in September. The year is divided into two semesters during each of which students are required to take three modules. Each module is offered in one semester only and involves 22 hours of classwork. Various forms of assessment are utilised in the different modules. Where modules are assessed by way of examination, s the examinations are scheduled at the end of each semester, in December and April/May. Students may be required to take Supplemental examinations in August/September. In addition, all students must complete a research dissertation over the academic year on an approved theme. These dissertations must be submitted on or before the end of June.
Having successfully completed this programme, students should be able to:
- Identify, evaluate and synthesise jurisprudential theories and concepts as they apply to international and business law at a level appropriate to masters graduates;
- Use appropriate legal, financial and economic theories, doctrines and concepts to identify, formulate, analyse and solve business and legal problems within national and international contexts;
- Critically analyse the interplay between law and social change in a variety of different contexts as they pertain to international and business law;
- Conduct effective and targeted research in case law, legislation and academic legal commentary in areas pertaining to international and business law at both national and international levels at a level appropriate to masters graduates;
- Discuss and debate different perspectives on legal, financial and economic theories and doctrines in the area of international business;
- Communicate effectively in oral and written modes in professional and academic settings and work effectively in multi-disciplinary settings;
- Demonstrate flexibility, adaptability and independence in order to engage productively with a changing, commercial and technological environment;
- Have the capacity to engage in life-long learning, including vocational training and continuing professional development; and
- Demonstrate the capacity to conduct effective research and to present the fruits of that research in a coherent and compelling manner.
European Credit Transfers (ECTS)
Students reading for any taught masters law degree at Trinity College Dublin must study 90 ECTs over the duration of the year-long programme. Generally, this entails 60 ECTs worth of taught modules and 30 ECTS for the written dissertation. Each module on the LL.M. programmes awards 10 ECTS. The ECTS weighting for a module is a measure of the student input or workload required for that module, based on factors such as the number of contact hours, the number and length of written or verbally presented assessment exercises, class preparation and private study time, classes, and examinations. There is no intrinsic relationship between the credit volume of a module and its level of difficulty. In Trinity College Dublin, 1 ECTS unit is defined as 20-25 hours of student input so a 10-credit module will be designed to require 200-250 hours of student input including class contact time, private study and assessments.
LL.M. (International and European Business Law) Modules
We offer a very extensive and diverse range of modules on this programme. At least two modules must be chosen from the list of Section A modules set out below each semester (four in total). The remaining two modules may be chosen from either Section A or Section B modules set out below. Each module is worth 10 ECTS credits.
Students must also complete a Research Dissertation (30 ECTS)
*The Law School reserves the right to vary the following list and, in particular, the right to withdraw and add modules. Note that timetabling considerations may also restrict choice.
- Advanced Lawyering Techniques
- Business and Human Rights
- Comparative Product Liability: Common Law, EU and US Perspectives
- Contemporary Issues in EU Law
- Contemporary Issues in International Law
- Copyright in the EU Digital Single Market: Law, Policy and Business Practices
- Corporate Governance in the EU
- Data, Internet and Emerging Technologies - International and European Law
- Data Protection: Law, Policy and Practice
- EU Aviation Law
- EU Competition Law
- EU Consumer Law
- EU Digital Single Market (Media and Content Regulation)
- EU Employment Law
- EU Financial Services Law
- European Trademark and Design Law
- International and European Copyright Law and Policy
- International Aviation Law
- International Business Tax Law
- International Dispute Resolution
- International Economic Law
- International Trade Law
- Law and Risk
- Law and Regulation of Credit Institutions
- Patent Law in the Globalized World
- Principles of Commercial Arbitration
- Principles of Delaware Corporate Law
- Regulation of Alternative Investment Funds
- African Human Rights Law
- The Chinese Legal System In Comparative Perspective
- Comparative Constitutional Law and Theory
- Contemporary Issues in Refugee Law
- Copyright and Innovation
- The Digital Society - Information Technology Law and Society
- Digital Technologies, Privacy and Security of Information
- Freedom of Expression and Intellectual Property Law
- Globalisation & Law
- International Criminal Law
- International and European Human Rights Law
- International Humanitarian Law
- Islamic Law
- Judicial Review & Human Rights: Theory & Practice
- Law and Bioethics
- National Security Law
- Theoretical and Comparative Criminal Law
- Transitional Justice
Section A Modules
Advanced Lawyering Techniques (Not available in 2017/18)
(LA7060) 10 ECTS
The purpose of this module is to impart techniques to improve the analytic and oral and written presentation abilities of module attendees. The motivation behind this module is that (a) substantive subject areas have grown to the extent that comprehensive information grasp is impossible, and (b) cognitive and rhetorical skills training is not the focus of dedicated development in the undergraduate law curriculum, but is rather assumed to be osmotically adopted with substantive information and the odd dedicated seminar, for example a postgraduate seminar on thesis writing.
Most modules focus on the transfer and testing of knowledge of a substantive area, and many are taught in the traditional way of case-centric, narrative or historic 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, and also to many areas of politics and economics
Techniques applicable across most substantive areas of law are introduced, explained, and practised, without confinement to a specific subject or legal system. Techniques covered in previous courses include advocacy, memory technique, rhetoric and argument, the role of experience, legal writing, mind mapping, and examination of witnesses
Module Lecturer: Dr Diarmuid Rossa Phelan SC
Business & Human Rights
(LA7117) 10 ECTS
Business and Human Rights explores the extent to which multinational corporations and other business enterprises have responsibilities to respect human rights standards. While states have a duty to protect human rights from harm by third parties including business enterprises, the extent to which business entities such as multinational corporations have obligations to respect human rights throughout their operations remains unsettled. Notwithstanding growing awareness amongst stakeholders, policy makers and business leaders that more sustainable business models must be developed, victims of business related human rights violations continue to face significant legal and practical barriers to remedy. However, a trend towards increasing transparency and improving accountability is evident with endorsement of the UN General Principles on Business and Human Rights, new regulation, and an increasing number of cases being brought in the domestic legal systems of parent companies concerning their business operations abroad.
This is an unfolding area and this module will consider emerging jurisprudence, initiatives from states, international bodies and business in progressing respect for human rights by business, and future directions.
Module Lecturer: Ms Rachel Widdis
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 and damage 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
Contemporary Issues in EU Law
(LA7120) 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 contemporary issues in EU law. The module will be suitable for both those who have studied EU law previously and those who have not. Following a brief introduction to critical aspects of EU law, the module will focus on contemporary questions and challenges facing the EU. It will consider the following: (1) the history of the EU and its institutions; (2) fundamental principles of EU law; (3) free movement; (4) the general principles of the Court of Justice of the European Union; (5) the impact of the Charter of Fundamental Rights of the European Union; (6) the external competence of the European Union and Brexit; (7) data protection; (8) social welfare and citizenship; (9) State aid and taxation.
Module Lecturer: Dr. Catherine Donnelly
Contemporary Issues in International Law
(LA7100) 10 ECTS
This module will equip students with a theoretical and practical understanding of contemporary international law. Over the course of the past century, international law has been transformed. Once the preserve of the foreign ministries of the great powers, international law has dramatically expanded in its scope, reaching deep within national legal systems and into the lives of individuals around the world. This module will examine a number of key topics which are of particular interest in the contemporary international legal system and which bring into sharp relief this transformation: the use of force; migration; climate change; and the evolving role of international law in the protection of personal data.Students will learn the theoretical underpinnings of the subject through exposure to the academic literature as well as the techniques of international law through study of its primary materials and its application in practice, including through the use of role plays and scenarios.
Module Lecturer: Dr. David Fennelly
Copyright in the EU Digital Single Market: Law, Policy and Business Practices (Not available in 2017/18)
(LA7109) 10 ECTS
The development of a Digital Single Market has become one of the key objectives of the European Union. Since the launch of the Digital Agenda in 2010, the EU Commission has proposed new legislation aimed at creating the conditions for a borderless distribution of goods and services in web-based environments on a pan-European basis. This legislative action has increasingly touched upon the area of copyright and related rights, encouraging (and sometimes obliging) right-holders in the creative industries to adapt their licensing businesses to the digital environment and the new ways creators and content producers reach their audiences, viewers and readers. The module critically evaluates the policy initiatives and the directives the EU has implemented so far in order to standardize, streamline and make technologically up-to-date the conditions of rights clearance with regard to copyright works, orphan works (i.e., works whose authors or rights-holders are unknown) and cultural resources in the public domain (like book, music and film collections) held by public libraries, museums and archives. Classes are designed to foster interactivity through a combination of lectures, discussions and analysis of relevant cases and policy documents. Students will gain familiarity with individual and collective models of rights management in order to understand how the digital environment is challenging the remuneration opportunities of individual creators and forcing content owners to change their business models with regard to specific types of creative work (i.e. music, films, books and newspapers, software, etc). The module also aims at assessing whether the existing legislation and business practices may enable an effectively pan-European flow of diverse creative content and, if not, what additional measures the EU would need to implement.
Module Lecturer: Dr. Giuseppe Mazziotti
Corporate Governance in the EU
(LA7028) 10 ECTS
The term “corporate governance” refers to the “procedures and processes according to which an organisation is directed and controlled”. This module will examine the regulatory and market structures in the EU which specify the distribution of rights and responsibilities among different participants in the organisation – such as the board, management, shareholders, employees and other stakeholders – and which lay down the rules and procedures for decision-making. Corporate law theory, financial theory and behavioural economics theory will be used to develop an understanding of the rationale for these structures and rules and, in some cases, their failure to meet their desired objectives. These theories will also be contextualised and current controversial topics such as exorbitant board pay, board diversity, ethics, corporate social responsibility and corporate governance in banks will be explored. The module will distinguish between the shareholder-oriented, Anglo-American governance regimes which exist in the UK and Ireland and the more inclusive more stakeholder-oriented regimes which exist in Germany and other continental European countries. The impact of the Global Financial Crisis and Brexit will also be considered as will the role of corporate law in the social market economy. Reference will be made to both hard law and soft law in the corporate governance field with an emphasis on EU regulation. Throughout the module, consideration will be given to two core questions: What are the desired aims of corporate governance? What are the most efficient and appropriate forms of regulation to achieve these aims?
A maximum of 25 students is permitted on this module and places are assigned in order of registration.
Module Lecturer: Professor Blanaid Clarke
Data, Internet and Emerging Technologies - International and European Law
(LA7110) 10 ECTS
This module will introduce the essential data and Internet knowledge and skills for technology-focused lawyers, including relevant international and European laws, cases, standards and guidelines, applying these to real-world situations. The essential data and Internet technologies covered may include:
• Internet Access
• Internet Speech and Intellectual Property
• Internet Commerce
• Information Security and Data Privacy
• Cybercrime and Data Breach
• Messaging and Data Disclosures
This module will also identify the current legal issues for significant emerging technologies. The emerging technologies covered may include:
• Social Media
• Internet of Things
• Mobile Computing
• Big Data
• Virtual Currencies/Blockchain
• Cloud Computing/Biometrics
• Other emerging technologies (e.g. drones, robots, wearables, artificial intelligence, virtual reality, 3D printing)
There are no prerequisites, but general technology experience is helpful.
Module Lecturer: Mr Thomas J. Shaw
Data Protection: Law, Policy and Practice
(LA7122) 10 ECTS
In recent years, data protection has gained a high public profile and has become a dynamic and important area of legal practice. With the introduction of the EU’s General Data Protection Regulation, which will come into force in May 2018, the legal landscape of data protection is undergoing significant and far-reaching change. The aim of this course is to provide an introduction to this changing framework for data protection, combining perspectives from law, policy and practice so as to give students a well-rounded understanding of this fast-moving field. This course will explore the key concepts and current issues in data protection, including: the principles of data protection; the rights of data subjects, including the right to be forgotten; the accountability of data controllers and processors; the challenge of international data transfers; the systems for enforcement and compliance. In addition to the course coordinators, students will benefit from guest lectures from leading experts in data protection law, policy and practice.
Module Lecturer: Dr. David Fennelly, Dr. Eoin O'Dell
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 a single market for aviation.
This module deals with EU laws, policies and case law in the field of air transport. Main topics include the liberalisation 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 the 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 from i.a. United Airlines, Ryanair, INCE law firm (Paris) and Stephenson Harwood law firm (London). Internship opportunities are provided for students achieving best result in the exam.
Module Lecturer: Dr Ewa Komorek
EU Competition Law (Not available in 2017/18)
(LA7010) 10 ECTS
A. Purpose. To teach (i) European competition law (ii) familiarity with primary legal materials (iii) analytical lawyering ability. The module innovates in basing itself on primary materials published by the EU, of which an online manual is composed, such as Treaty Articles, Regulations and Directives, and extending to official Notices and Vade Mecum. It eschews heavy reliance on academic commentary and case law analysis, with some exceptions for illustrative purposes. The purpose of the module is threefold. First, acquaintance with the subject matter. Second, skills training in the reading and analysis of primary materials, such as Regulation 1/2003 Third, the development of independent critical and scholarly argument and exposition based on the primary materials.
Pre-Requisite: Students should be acquainted with EU law prior to taking this module or should consult with the module lecturer to ascertain whether this module is appropriate for them.
Module Lecturer: Dr Diarmuid Rossa Phelan SC
EU Consumer Law
(LA7042) 10 ECTS
The EU is comprised of circa 500 million consumers based in 28 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 lawmakers 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; (v) Product Liability and Product Safety; (vi) EU Travel and Tourism law; (vii) Unfair Commercial Practices; (viii) Law of Electronic Consumer Transactions; (ix) Litigation, Redress and Enforcement; (x) Competition Policy and EU Consumers.
Module Lecturer: Mr. Alex Schuster BL
EU Digital Single Market (Media and Content Regulation)
(LA7123) 10 ECTS
The European media landscape is following a transformation, characterised by a steady increase of convergence of media services, with a visible move towards intertwining traditional broadcast and internet. Information and communication technologies (ICTs) are revolutionising the development and distribution of information today, giving a unique chance to better create and market European content.
To function optimally, a "single European digital media market" needs a minimum set of common rules. To this end the module would analyse the European Commission’s regulatory efforts in three fields (three EU media policies within the Single Digital Market):
Audiovisual and Media – the Audiovisual Media Services Directive (AVMSD) which created single European market for audiovisual media services. The Directive is currently under review to bring it in line with the new digital realities.
Media Freedom and Pluralism in the Digital Age – providing safeguards for media transparency, freedom and diversity remains vital in Europe's rapidly changing media landscape
Media literacy – the European Commission is pursuing several actions in this field aimed at increasing the critical thinking towards the media among EU citizens, including the ability to distinguish information from propaganda, to deconstruct media communication and to interact with social media in a mindful way.
It is recommended that students who wish to take this module have basic familiarity with general principles of EU law.
Module Lecturer: Dr Ewa Komorek
EU Employment Law (Not available in 2017/18)
(LA7107) 10 ECTS
Employment law is a key issue of concern for individuals, who need to understand their rights at work, and for employers because it will shape how they manage their businesses. This module examines the role of the EU in Employment Law. It traces its historical evolution, from a very limited legal competence in the founding Treaties, through to a more extensive role today. The module identifies the current tensions within EU Employment Law, especially in the wake of the economic crisis. During the past 10-15 years, debates have focused on the balance between legal and policy instruments, including the rise of an approach known as ‘flexicurity’. Alongside this debate, there has been controversy around the balance between the pursuit of internal market objectives of free movement for businesses and the scope for retaining measures for worker protection.
The main themes covered in the module will be: the evolving role of the EU in Employment Law; governance and EU Employment Law; individual rights and EU Employment Law (equality law, the protection of atypical workers, the organization of working time); collective rights and EU Employment Law (worker participation in the enterprise, business restructuring).
Module Lecturer: Professor Mark Bell
EU Financial Services Law
(LA7025) 10 ECTS
This survey module 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
European Trade Mark and Design Law
This module will cover EU Trade Mark Law and will focus on Community Directives and Regulations and the enforcement and protection of these rights within the EU. We will also consider the Trade Mark Recast Directive and the changes anticipated. The module will analyse legislation in light of relevant case-law of the Court of Justice of the European Union and will consider the criteria for obtaining protection for a trade mark, as well as the limits to protection in the content of infringement proceedings. The module will consider the variety of forms of registration available for trade marks within the EU as well as revocation and proceedings for invalidity. Topics covered include: the acquisition of trade marks; the rights conferred by a trade mark and the limits to those rights under EU Law. The module will also addresses other issues affecting the use of trade marks, including in particular, the law on misleading and comparative advertising and the law on unfair commercial practices, the protection of geographical indications and designations of origin and the relationship between trade marks and domain names. It will also deal with parallel importations and exhaustion of rights. This course will also examine the registered trade mark and design regimes at an EU and national level.
Module Lecturer: Dr Gemma O'Farrell
International and European Copyright Law and Policy
(LA7092) 10 ECTS
This module sheds light on how international and EU legislative instruments, from the end of the 19th century onwards, have sought to ensure an effective and uniform recognition, enforcement and exploitation of copyright and related rights. The module aims at analyzing and critically evaluating the most important principles of artistic and literary property embodied in the Berne Convention, the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, the WIPO (World Intellectual Property Organization) ‘Internet’ treaties and several EU directives that, while seeking to harmonize national laws on copyright from the early 1990s onwards, embody measures of industrial, innovation and cultural policy. A particular emphasis will be placed on the modernization of legislation and on the technological aspects of copyright and its enforcement with the purpose to evaluate the validity and desirability of rules and principles that have been challenged by the advent of digitization and by an increasingly borderless and intangible access to creative works via web-based content platforms and social networks. Classes are designed to foster interactivity through a combination of lectures, discussions and analysis of a selection of relevant cases and policy documents. Participation in class discussion of each of the topics covered is encouraged, and is facilitated by the availability of a forum on Blackboard. Students will be provided with constructive feedback both from their fellow students and the lecturer.
Module Lecturer: Dr. Giuseppe Mazziotti
International Aviation Law
(LA7097) 10 ECTS
As noted by E.M. Giemulla, ‘Aviation is a transnational, border-crossing phenomenon. Without aviation, the globalisation 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 the 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 from i.a. the Irish Aviation Authority, Air Accident Investigation Unit, INCE law firm, Paris. Internship opportunities are provided for students achieving best results in the essay/exam.
Module Lecturer: Dr Ewa Komorek
International Business Tax Law
(LA7031) 10 ECTS
The tax environment in which transnational corporations operate has given rise to increasing challenges in recent years with inquiries by legislatures into corporate tax arrangements, investigations by the E.U. Commission as to whether certain tax arrangements constitute State Aid, lobbying by N.G.O.’s and activist groups in relation to the impact of the tax policies of O.E.C.D. members on developing economies and reputational damage following disclosures brought about by investigative journalism. National tax policy makers have faced challenges too, in particular in dealing with the growing importance of intellectual property rights, web-based business models and the impact of tax havens on their revenue base. International Business Tax Law explores these issues and their impact on international business
Module Lecturer: Mr. Niall O'Hanlon BL
International Dispute Resolution
(LA7068) 10 ECTS
The module compares and contrasts the various available dispute resolution methods in an international context. The course focuses on the function of international courts and tribunals, dwelling on the issues of state sovereignty, conflict of jurisdictions and conflict of laws while studying the relevant applicable international conventions and regulations. The module also compares traditional methods of dispute resolution with alternative methods such as arbitration and mediation.
Module Lecturer: Ms Johanne Brocas
International Economic Law
(LA7007) 10 ECTS
International Economic Law concerns the legal rules relating to trade between states. The course 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 tariff discrimination 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 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
Law and Regulation of Credit Institutions
(LA7125) 10 ECTS
The globalisation of capital markets and the increased interdependency of banks throughout the EU was highlighted during the financial crisis of 2008. The laws governing banks have arguably never been so important. The Law and Regulation of Credit Institutions concerns the laws regulating banks in Ireland and the EU. It will explain the laws which govern the banking sector and the role of the Central Bank of Ireland as the regulator of Irish banks, as well as explaining the role of the European Central Bank. The course seeks to put this material in a broader context and in addition to explaining the current law in this area, it will address the evolution of banking regulation in the era of global capital markets, legal responses to banking crises in Ireland and the EU, bank rescue mechanisms and corporate governance in credit institutions. The course does not presume any prior knowledge of or familiarity with the subject area.
Module Lecturer: Dr. Ailbhe O'Neill
Law and Risk
(LA7118) 10 ECTS
The word ‘risk’ is now everywhere. Whether one considers media reports, regulatory decisions or commercial transactions, there is inevitably mention of some form of risk: climate risk, credit risk, health risk, security risk, risks of migration. Such references are accompanied by actions taken by agents in different professional and governing capacities: risk assessment, risk communication, risk management, mitigation of risk. The governance of danger, however, is surely not a recent development. What, then, has changed? It is time to take a step back, explore the concept of risk and how it may be governed.
The governance of risk balances a fundamental tension between the danger of the unknown on one hand, and the ability to anticipate and control the unknown on the other. Understanding and institutionalising the anticipation and control of the unknown requires hard theoretical, political and technical choices. This module concentrates on how law shapes and responds to the prevalence of risk in private and public action. Given the array of legal tools to deal with risk, the module will cover conventional approaches such as command-and-control regulation as well as more recent approaches derived from Behavioural Law & Economics. This module will engage with some central themes of risk regulation, and allow the participants to analyse aspects of risk in their chosen areas of inquiry such as financial law, environmental law and health law.
Module Lecturer: Mr. Suryapratim Roy
Patent Law in the Globalized World
(LA7106) 10 ECTS
Present day business activities increasingly take place at an international level, with technology and information no longer confined to national borders. Science and technology companies, in particular, operate in this multinational environment and for these companies, patent rights are crucial.
With the progression of globalization, IP students and practitioners need to be aware of the variations in patent law in the key markets around the world, and also need to be prepared to respond to a variety of problems that only arise in the context of multi-jurisdictional patenting activities. This module takes a practical look at patent law in key international territories: principally in Europe (on a national and regional level), the US and Japan. As a relevant backdrop to this landscape, the principles, treaties and institutions that attempt to regulate and harmonise patent rights at the international level are also considered. Opportunity permitting, practitioners with different expertise may be invited as guest speakers to address certain topics in detail.
Module Lecturer: Mr. Naoise Gaffney
Principles of Commercial Arbitration
(LA7083) 10 ECTS
The module explores arbitration as a means of resolving commercial disputes without recourse to the courts, particularly in an international context. 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. The module compares and contrasts arbitration with litigation.
Module Lecturer: Mr. Barry Mansfield BL
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 of 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.
Pre-Requisite: 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. Class debate on key policy issues will facilitate development of the necessary expertise to be able to produce the module research paper.
Module Lecturer: Dr Deirdre Ahern
Regulation of Alternative Investment Funds
(LA7127) 10 ECTS
From Soros’ landmark bet against the British pound in 1992 to John Paulson’s big short against the US housing market in 2007, alternative investment funds have long attracted the covert admiration and suspicion of politicians, regulators and the public. The opaque nature of the alternative investment fund industry, its alleged role in major crises around the world and a perceived lack of investor protection have repeatedly led to calls for greater regulation of alternative investment funds.
The aim of this module is to offer an introduction to the world of alternative investment funds, in particular hedge funds and private equity funds, and their regulation and equip students with a sound understanding of the business model of alternative investment funds and the regulatory regime governing them. The module will examine the benefits offered and the dangers posed by alternative investment funds and assess the rationales for their regulation. Furthermore, the course will focus on the regulation of alternative investment funds in the EU comparing the approach adopted by EU lawmakers with the one adopted by the US, the largest market for alternative investment funds. The module is designed for students interested in financial markets and the growing field of law and finance.
Module Lecturer: Dr. Alexandros Seretakis
Section B Modules
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 extent to which the Charter has influenced domestic legal systems in Africa. Several specific human rights themes are examined, including the 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
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 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 and theoretical understandings of constitutionalism. It will focus on the making and alteration of constitutions, comparing different approaches from several jurisdictions, and probe questions of constitutional legitimacy, the authority of constitutions, and the role of popular sovereignty in constitutionalism.
The second part of the module will look at uses of theory and pragmatism in comparative constitutional law. We will ask when it is appropriate to shape or change constitutional norms based on constitutional theory, and when it is appropriate to be pragmatic and focus on the particular jurisdictional circumstances at the expense of theory. We will explore this by looking at the separation of church and state, freedom of speech, and standards of review in comparative perspective. The third part of the module will consider the use of conventions in constitutional law, including how they shape decision-making by judges and non-judges alike. We will ask whether conventional decision-making is inevitable and whether it poses problems of public accountability.
The fourth 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: Dr Oran Doyle/ Dr David Kenny
Contemporary Issues in Refugee Law
(LA7121) 10 ECTS
As the global refugee crisis continues, this course offers a timely opportunity to engage with the complex interaction of international and regional frameworks concerning forced migrants. The course will focus on contemporary issues in refugee law, including the right to asylum and safe passage, non-refoulement, the particular social group in refugee law, complementary protection, exclusion from protection, child refugees, durable solutions (including resettlement and relocation) and the externalisation of protection.
Module Lecturer: Dr. Patricia Brazil / Ms Samantha Arnold
Copyright and Innovation
(LA7090) 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, case law 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
The Digital Society - Information Technology, Law and Society
(LA7124) 10 ECTS
We are living in the age of information. New technologies are coming to market frequently without regulatory oversight or pre-market review. Many of these technologies rely on the collection, storage, and transmission of personal data and often pose risks to privacy. They also often raises issues for consumer protection. This course is intended as a survey course. It will cover a number of topics, ranging from the use of electronic contracts to discussion of a number of new technologies. We will also consider examples of consumer healthcare technology. This course will also consider approaches to regulation, the societal impact of technologies, ethical issues raised by technologies, and a number of other issues.
The intention here is to encourage you to consider how we can regulate technology appropriately and to question the uses of particular technologies. While at present there has often been a reluctance to regulate the aim here is to challenge you to think about how we can improve the law for the benefit of society.
Module Lecturer: Dr Andelka Phillips
Digital Technologies, Privacy, and Security of Information
(LA7119) 10 ECTS
Our world is being altered by a wide range of new, emerging, and disruptive innovations, chiefly reliant on advances in information technology. Many of these technologies involve the collect, transmission, storage, and sale of personal and sometimes sensitive information about potentially every aspect of an individual’s life. From your smart television and Fitbit to your smartphone, your Internet browsing history, and records of electronic payments, all of these technologies can be combined to create highly detailed profiles of individuals and their families.
Data protection and the security of information are of vital importance in this context. In this module, we will discuss a range of these technologies and the issue they raise under data protection law, as well as the potential security risks they pose and discuss and debate their appropriate regulation. This will include discussion of wearable devices, the Internet of Things, and so-called smart computing technologies. We will also explore the use of wrap contracts (clickwrap and browsewrap) and online privacy policies and the data protection and consumer protection issues, which these contracts raise.
This is a comparative course, given the international nature of many of these technologies and the nature of the data flow, which many of these generate. While it will provide an introduction to Irish data protection law, the focus will be more on the potential impact of the new Data Protection Regulation globally and the potential role of the Irish Data Protection Commissioner in regulating these technologies. Time permitting we will also consider broader issues of Internet governance, and relevant consumer protection law. This module challenges you to think beyond the specific legislative enactments to the real world privacy and security implications of this range of digital technologies.
Module Lecturer: Dr Andelka Phillips
Freedom of Expression and Intellectual Property
(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
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 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‚ internationalised 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.
Module Lecturer: Dr. Rosemary Byrne
International and 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
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 people who are not taking part in hostilities.
This course is intended to familiarise students with the rules and principles of IHL as well as with the complex regime by which they are enforced. The course is divided across eleven teaching weeks, with two hours of lectures per week. The course begins with an introduction to IHL and to the law’s historical development. There follows an exploration of the sources of IHL and the scope of its application. The course then examines the protection that the law provides to the victims of both international and non-international armed conflicts. The focus here is on modern conflicts such as those taking place in Ukraine and Syria. The course will also 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. Students will have an opportunity to explore and discuss the implementation and enforcement of IHL by State and non-State actors, domestically and on the international stage. The course concludes with an analysis of the diverse challenges posed to IHL today, from cyber-attacks to Islamic State.
Module Lecturer: Mr Colin Smith BL
(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
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 is 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 module, 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 module draws on sources from common law jurisdictions, including Ireland, the UK and Canada.
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: Dr. Andrea Mulligan
National Security Law
(LA7126) 10 ECTS
This module will explore the growth of national security law as a discipline, and in particular the rule of law and human rights concerns that are in tension. The course will have an international emphasis, with considerable examination of the UK, and other major common law countries’ experiences dealing with national security law issues.
In addition, the module will examine Irish law and practice where it touches on national security law issues, and will include examination of evidentiary concepts including informer and public interest privilege that are invoked when national security considerations are at play.
Module Lecturer: Mr Eoin O'Connor
Theoretical and Comparative Criminal Law (Not available in 2017/18)
(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 the 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 – across 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: Dr. 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 must be completed on an approved topic relating to some aspect of International and/or European business law. Dissertation topics are subject to the approval of the LL.M Dissertation Director.