LL.M. Programme Modules
The table below lists the LL.M modules available in academic year 2025/2026.
Please read the "Guide to module availability'" below for information about availability and selection of modules for each LL.M programme.
*The School of Law reserves the right to vary the following list and, in particular, the right to withdraw and add modules.
LL.M Modules
Guide to module availability:
- The School of Law reserves the right to vary the following list and, in particular, the right to withdraw and add modules
- Each module is offered in one semester only. Note that timetabling considerations may also restrict choice
- LL.M students will study six modules (three per semester), choosing from an extensive and diverse range of modules, each worth 10 ECTS.
- Section A modules are directly linked to the LLM degree listed
- Section B modules are not related to degree listed but may still be of interest. Places can only be provided after all students on related LL.M degree/s are accommodated
- At least four modules must be chosen from the list of Section A modules set out below (two per semester). The remaining two modules may be chosen from either Section A or Section B modules
- M - Mandatory
- N - Not available on this programme
- R - Restricted. Highly subscribed module. Places can only be provided to LLM (General) after students on related LL.M degree are accommodated
African Human Rights Law
LA7013, 10 ECTS
Lecturer: Professor William Binchy
Semester: 1
The module 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 considers the expanding jurisprudence of the African Court on Human and Peoples’ Rights and 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.
Learning Outcomes:
On successful completion of this module students should be able to:
- Identify the relationship between global and regional human rights and the incorporation of human rights norms at national level in Africa
- Analyse key issues, including the death penalty, fair trial rights, gender equality and customary law
- Discuss African human rights law in comparative perspective
- Appraise and evaluate the role of tribunals and courts in Africa in protecting social and economic rights, freedom of expression and the right to liberty.
Assessment:
- Take-home Exam – 100%
(LA7117) 10 ECTS
Lecturer: Dr. Rachel Widdis
Semester: 2
Pre-requisite: Students are asked to take into account that this module includes discussion of cases and provisions for corporate liability in civil and criminal law. It remains fully accessible to students from non-law backgrounds once they engage in keeping up to date with pre-reading and with lectures.
Business and Human rights is concerned with business respecting human rights, preventing adverse impacts on human rights and the environment, and improving the accountability of companies when harm occurs. It is increasingly mainstream, and an understanding of the area is valuable for legal and business professionals. Alongside growing awareness amongst stakeholders, policy makers and business leaders that rights respecting and sustainable business models are needed, new regulation is driving change in Europe, with global impacts.
This module explores the adequacy of existing international initiatives, and changes relating to emerging regulation in particular within the EU.
It considers issues with accountability for business related harms in criminal law, and access to remedy within civil law. The class will study recent cases in the home states of parent companies concerning the involvement of group related operations in adverse impacts, such as environmental damage which also affects livelihoods and communities.
Lecture themes include new developments at EU and national levels which place obligations on companies to conduct human rights and environmental due diligence throughout their activities and supply chains, litigation based upon parent company duty of care, the rise of climate litigation against corporations, and the ongoing negotiations on a legally binding UN treaty on Business and Human Rights.
Within this fast-moving field, the objective is to explore existing challenges, emerging approaches and developments, and to encourage students to evaluate the effectiveness of means to prevent harm occurring and to enable access to remedy.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Appreciate the legal, commercial and human impacts at the interface between business and human rights.
- Understand the basis for attributing obligations to respect human rights to states, multinational corporations, and other business enterprises.
- Critically evaluate the main international instruments and policy initiatives in the area, and discuss the existing accountability gap
- Discuss recent developments in regulation both at EU level and national level, which places obligations on companies to conduct due diligence to prevent and address adverse human rights and environmental impacts across their own operations and supply chains.
- Evaluate evolving trends in the accountability of business for harm, and legal and procedural barriers to remedy for people and communities
- Demonstrate an understanding of causes of action and accountability when harms occur, and potential effects on business stemming from adverse impacts on human rights related to their operations and business relationships
- Understand the relationship of Business and Human Rights to broader trends in reporting and public disclosure relating to sustainability matters
- Discuss how business is adapting policies and practices to respond to increased focus on these issues, and crossover themes which link to ESG
Assessment:
- Essay - 80%. 5,000 word essay due at the end of the semester from a choice of assigned topics.
- Class Presentation - 10%. Students will deliver a short presentation in self-selected groups from a a choice of assigned topics. The mark for the group will apply to all students within the group.
- Class Attendance/Participation - 10%. This will be determined on the basis of individual participation in discussions in class.
Business and Human Rights
LA7117, 10 ECTS
Lecturer: Dr. Rachel Widdis
Semester: 2
Pre-requisite: Students are asked to take into account that this module includes discussion of regulations, cases and relevant provisions for corporate liability in civil and criminal law. It is fully accessible to students from non-law backgrounds once they engage in keeping up to date with pre-reading and with lectures.
This module is concerned with the impacts of business on human rights and the environment, improving practices, and the accountability of companies when harm occurs. Alongside new human rights due diligence and sustainability related regulation, there is increased focus on rights respecting and sustainable business models amongst stakeholders, policy makers and business leaders. Developing an understanding of the expanding field of Business and Human rights is valuable for legal and business professionals.
This module explores the adequacy of existing voluntary international frameworks, and new regulation primarily within the EU.
It considers issues with accountability for business related harms in criminal law, and rising litigation within civil law. The class will study recent cases in the home states of parent companies concerning the involvement of group related operations in adverse impacts, such as environmental damage affecting livelihoods and communities.
Lecture themes include new laws requiring human rights and environmental due diligence for companies operating in the EU, litigation based upon direct parent company duty of care, the rise of climate litigation against corporations, crossover themes such as sustainability disclosures, and the ongoing negotiations on a legally binding UN treaty on Business and Human Rights.
Within this fast growing field, the objective is to explore existing challenges with implementing business respect for human rights, understand both new developments and how companies are changing their practices, and to encourage students to evaluate the effectiveness of means to prevent harm occurring and to enable access to remedy.
Weekly reading lists and lecture notes will be made available throughout the semester via Blackboard. Students will are expected to have read materials in advance of class.
Learning Outcomes:
On successful completion of this module, students should be able to;
- Appreciate the legal, commercial and human impacts at the interface between business and human rights.
- Critically evaluate key voluntary international frameworks in Business and Human Rights, their implementation, and the existing performance and accountability gap.
- Discuss the fast-evolving regulatory context, in particular new obligations on companies to conduct human rights and environmental due diligence, and prevent and address adverse impacts across businesses’ operations and business relationships at EU (CSDDD, CSRD) level.
- Evaluate emerging trends in the accountability of business for harm via both regulation and litigation, and discuss continuing barriers to remedy for people and communities impacted by the activities of business.
- Demonstrate an understanding of growing litigation in this field, related to companies’ operations and business relationships.
- Understand the interaction between Business and Human Rights and heightened standards of reporting and public disclosure on sustainability matters.
- Appreciate by reference to practice how increased focus on these issues is influencing companies to adapt their policies and practices.
- Understand crossover themes, such as how Business and Human Rights links to the ‘S’ in ‘ESG’.
Assessment:
- Essay - 80%. 5,000 word essay due at the end of the semester from a choice of assigned topics
- Class Presentation - 10%. Students will deliver a short presentation in self-selected groups from a a choice of assigned topics. The mark for the group will apply to all students within the group
- Class Attendance/Participation - 10%. This will be determined on the basis of individual participation in discussions in class
The Chinese Legal System In Comparative Perspective
LA7080, 10 ECTS
Lecturer: Professor William Binchy
Semester: 2
China has emerged as a leading world economic and political power, with a distinctive legal system. The module examines the Chinese legal system, placing it in its historical context, and looking in particular at areas of comparative law interest. It considers such aspects as Chinese constitutional and administrative law; commercial law; intellectual property; the criminal justice system; tort law; family law; human rights; and the roles of judges and legal practitioners in Chinese society. The module aims to give students an understanding of the Chinese legal system in comparative perspective, with a good grounding in how law operates in a range of key areas of public and private law in contemporary China.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Identify key aspects of the Chinese legal system that are of importance from a comparative law perspective
- Appraise the main features of Chinese public and private law, in such areas as constitutional law, commercial law, tort law and family law
- Critically analyse human rights issues in the context of Chinese law and society.
Assessment:
- Take-home Exam – 100%
Commercial Litigation
LA7154,10 ECTS
Lecturer: Dr Ailbhe O’Neill
Semester: 1
This module will explore, from academic and practical perspectives, the practice of commercial litigation. Taking the Irish Commercial Court as the paradigm example, the module will focus on understanding the life cycle of litigation through the various procedural stages as well as engaging in critical analysis of the various rules, norms and procedures that govern commercial litigation. This will include the issuing of proceedings, interlocutory stages such as discovery up to the delivery of judgment. The Module will focus on issues which are of particular significance to commercial practice such as large scale ediscovery and the use of expert witnesses.
The module will be of interest to anyone planning to practice in the commercial law area whether in Ireland or elsewhere.
The module will have strong skills component with students learning the basics of preparing and understanding key elements of drafting. There will also be an opportunity to develop advocacy – both written and oral – towards the end of the module. A court visit will be built into the module time allocation.
The aim of the module is to enable students to understand the life cycle of a typical commercial matter, to think critically about the rules and norms of the court system in this area and to develop skills related to the practice of litigation. While the focus of the course will be the Irish legal system, the skills will be of general application including the interpretation and application of rules of court and pleadings, oral and written advocacy and presentation skills.
At the end of the module, students will prepare some drafting based on a set of written instructions.
The topics of the seminars will include:
- The special features of commercial litigation
- Transferring cases to the Commercial Court
- Corporate litigants – Security for Costs
- Pleadings – their function and drafting samples
- The use of Particulars, Interrogatories and Notices to Admit Facts
- Discovery and the use of ediscovery in commercial matters
- Expert witnesses – their function and engagement
- Advocacy – written and oral
Learning Outcomes
Upon successful completion of the module, students should be able:
- To formulate their own account of the life cycle of a typical commercial case
- To understand the use of interlocutory procedures such as discovery and interrogatories
- To understand the role of expert witnesses
- To assess critically the rules, norms and practices that govern commercial litigation
- To engage in drafting and both oral and written advocacy
Assessment
- Written assessment – drafting/submissions assignment (maximum 4,000 words in total) - 70%
- Oral presentation to be supported by a skeleton outline– 25%
- Class attendance - 5%
Comparative Private Law
LA7155, 10 ECTS
Lecturer: Dr Daniel Gilligan
Semester: 2
Roughly, private law is that part of the law comprised of rights and duties running between private (i.e. non-State) persons. This module addresses three subjects at private law’s core – tort, contract, and property. It does so comparatively. That is, it studies tort, contract, and property rules of several legal systems side-by-side; seeking, in the first instance, to specify, explain, and determine the significance of those rules’ differences and similarities. By doing so, it looks to explore abiding questions which confront all systems of private law: What is private law for? How, if at all, is private law distinct from other forms of law and regulation? What are private law’s proper limits?
In service of these twin aims, the module supplements close engagement with primary legal materials with insights from philosophy, economics, history, sociology, and so forth. The module thus has both a strong doctrinal or “black-letter” dimension, and a strong “theoretical” one. Moreover, special attention will be paid to comparisons between common law and civilian jurisdictions. For that reason, the module should be of particular interest to students familiar with civilian jurisdictions who are eager to gain insight into the common law’s distinctive methods, and vice versa.
In a course of some 12 weeks, attempting a fully comprehensive coverage of the tort, contract, and property law of any one legal system – let alone several systems – would be futile. As such, we will study selected topics. These have been chosen in part because of their practical importance, in part because of their theoretical interest, and in part because of the notable variations between common law and civilian jurisdictions with respect to them. The topics of the seminars are:
- General I: What is Private Law?
- General II: Varieties of Private Rights (The Hohfeldian Scheme)
- Tort I: Wrongs and Losses (Damnum Absque Iniuria; Iniuria Sine Damno)
- Tort II: Defamation and Insult
- Tort III: Motive and Abuse of Right (Abus de droit; Schikaneverbot).
- Contract I: Consideration
- Contract II: Interpretation – Objective and Subjective
- Contract III: Good Faith
- Property I: Ownership
- Property II: Trusts
- Property III: The Principle of Abstraction.
The module will be assessed primarily by a single independent research essay, to be completed at the end of the term. Students will be given broad discretion to choose a question of their own, so long as it addresses or is suggested by some topic(s) covered in class, and is approved in advance by the module lecturer. The remainder of the marks will go for (a) attendance; and (b) active participation in module discussion (both in class, and via an online discussion forum). Teaching will be conducted via interactive, discussion-based seminars, with all students expected to participate on the basis of reading done in advance.
Learning Outcomes
On successful completion of this module students should be able to:
- Understand the Hohfeldian scheme of jural incidents, and use it to break down and solve complex legal problems;
- Provide a general, theoretically-informed account of the key differences and similarities between civilian and common law systems of private law;
- Identify and critically analyse different perspectives – philosophical, economic, historical, etc – from which a given private law rule might be understood and assessed;
- On the basis of detailed knowledge of the comparative law, develop and articulate their own views on the discrete private law topics covered in seminars 3-11;
- Develop and articulate their own views on the significance for private law of general themes – (a) harm; (b) rights; (c) motive and intention; (d) economic efficiency; (e) formality – common to the selected private law topics covered in seminars 3-11;
- Engage in comparatively informed, theoretically sophisticated research and writing on private law.
Assessment
- 5,500 word research essay (incl. footnotes), topic to be selected by student and agreed with module co-ordinator – 90%
- Discussion participation (Blackboard online discussion forum + in class) – 5%
- Class attendance – 5%
Comparative Constitutional Law and Theory
LA7085, 10 ECTS
Lecturer: Professor Aileen Kavanagh
Semester: 2
This module explores some of the most important contemporary debates in constitutionalism, through the lens of constitutional change. exploring the conceptual parameters of amendment, its political stakes, and examples of amendment practices around the world. We will situate the amendment formula of the Irish Constitution as a critical international comparator that sheds light on many of the key debates in the field, from unconstitutional amendment and informal amendment to amendment difficulty and the role of the people. Among the topics that will be considered are the following:
- Articulating a concept of constitutional amendment
- The democratic value served by constitutional amendment
- The doctrine of unconstitutional constitutional amendment
- The role of the people in constitutional amendment
- Deliberative democracy and citizens’ assemblies
- Pathologies of constitutional amendment: abusive constitutionalism and de facto unamendability
- Informal constitutional amendment.
Learning Outcomes:
On successful completion of this module, students should be able to:
- To formulate their own account of the nature of constitutions and constitutional law
- To understand the benefits and dangers of comparative analysis in constitutional law
- To critically assess concepts of constitutional change
- To assess critically the democratic values served by constitutional amendment
- To design constitutional amendment provisions that appropriately protect core constitutional values
- To assess the contemporary challenges of democratic backsliding and populism
- To research independently about comparative constitutional amendment
- To write coherently about comparative constitutional amendment.
Assessment:
- 1,500 word response paper (incl footnotes) – 25%
- 3,000 word module essay (incl footnotes) - 75%
Comparative Product Liability: Common Law, EU and US Perspectives
LA7086, 10 ECTS
Lecturer: Mr. Alex Schuster BL
Semester: 1
Comparative Product Liability explores the extent to which manufacturers (and other businesses in the supply chain) are liable for injuries caused by defects in products. In examining selected areas of product liability law in the Common Law World, the EU and the US respectively, this comparative course is designed to afford participants with insights into how social, economic and cultural factors, as well as legal principles, have shaped the differences between the three legal regimes.
Issues to receive special emphasis in the context of this course will include the concept of a producer, 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 both the legal and practical obstacles faced by litigants in cases involving tainted blood transfusions.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Outline the common law principles governing liability for defective products
- Understand the pivotal importance of both the concept of defectiveness and the development risks defence in an EU context
- Trace the evolution of US Products Liability Law by acquainting themselves with the provisions of Section 402 (A) of the Restatement (Second) of Torts and the Restatement (Third) of Torts: Product Liability
- Explain the significance of instructions for use and design warnings and the manufacturing defect/design flaw dichotomy in both an EU and a US context;
- Compare the different legal regimes for compensating consumers (injured by allegedly defective products) in the Common Law World, the EU and the US respectively;
- Assimilate the technical rules governing the running of time in product liability claims;
- Identify and describe the key rules governing both the quantum and the recovery of damages;
Assessment:
- Essay/Assignment – 100%
Contemporary Issues in EU Law
LA7120, 10 ECTS
Lecturer: Dr Catherine Donnelly
Semester: 2
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. It is however important to emphasise that the basic principles of EU law and institutional structures of the EU will not be taught. Following a brief introduction to critical aspects of EU law, the module will focus on contemporary questions and challenges facing the EU. The topics covered will vary depending on what is currently facing the EU at the time. However, topics likely to be covered include: human rights in the EU and the impact of the Charter of Fundamental Rights of the European Union, data protection, rule of law in the EU, Brexit, and EU responses to crises, including the war in Ukraine.
Learning Outcomes:
On successful completion of this module, students should be able to:- Conduct effective and targeted research in case law and academic legal commentary regarding the EU law
- Assess the theoretical rationale for fundamental doctrines of EU law;
- Identify, evaluate and critique the evolution of human rights protection in the EU
- Discuss and debate the challenge of delivering accountability and remedial protections for individuals in the EU
- Discuss the substantive case law of the Court of Justice of the European Union;
- Classify and compare the grounds for judicial review in EU law
- Synthesise and evaluate case law on current issues of concern in the EU; and
- Apply EU law and theory to concrete practical contemporary problems.
Assessment:
- Essay (5,000 word count) – 100%
Contemporary Issues in Intellectual Property Disputes
LA7141, 10 ECTS
Lecturer: Mr Glen Gibbons BL
Semester: 2
The module will encourage students to critically evaluate the function of damages, injunctions (including the emerging jurisprudence on internet blocking injunctions) and ancillary relief in the case of infringement and the legal protection afforded to persons subject to groundless threats of infringement. The focus of the course will be to address contemporary issues and emerging trends in IP disputes including Patent litigation and also the role of criminal sanctions in the protection of Intellectual Property. This module will primarily be based on the Common Law position regarding remedies and sanctions but will frequently refer to CJEU judgments and to other EU jurisdictions where appropriate to provide jurisprudential examples.
Learning Outcomes:
On successful completion of this module, students should be able to:- Critically evaluate the impact of IP injunctive relief including in relation to blocking injunctions, the tests for interlocutory injunctions in patent, trade mark and copyright litigation
- Develop an understanding of the relevant tests or criteria for the award of damages in patent, trade mark and copyright litigation and the distinction that applies between each category
- Synthesise and evaluate an understanding of the role of account of profits as an alternative remedy to damages
- Debate the overlap between traditional Common Law/equitable relief and relief under EU law including the challenges of IP Enforcement Directive in the internet age
- Develop an understanding of the law concerning groundless threats
- Develop an understanding of the increased use of criminal sanctions for IP matters
- Critically analyse IP remedies in International Trade Law (including WTO and the TRIPS Agreement)
- Hone their research skills through their research paper
- Demonstrate familiarity and understanding of the module materials, which will allow them to explore topics in greater.
Assessment:
-
5,000 word essay – 100%. The essay is designed to assist students in developing their research skills and also to allow them to explore a topic in greater depth.
Contemporary Issues in Refugee Law
LA7121, 10 ECTS
Lecturer: Dr Patricia Brazil / Dr Samantha Arnold
Semester: 2
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.
Learning Outcomes:
On successful completion of this module students should be able to:
- Identify and describe essential characteristics of international refugee law
- Debate different approaches to the interpretation of the 1951 Convention on the Status of Refugees
- Explain and apply the legislative framework of the Common European Asylum System
- Critically analyse key rights and pathways to refugee protection
- Conduct independent research on a particular aspect of refugee law
Assessment:
-
Three x 2,000 word reflection pieces.
Reflection piece 1 and 2 are worth 33%, reflection piece 3 is worth 34% (totalling 100%)
Corporate Governance in the EU
LA7028, 10 ECTS
Lecturer: Professor Blanaid Clarke
Semester: 1
This module seeks to introduce students to corporate governance theories, regulations and reform proposals and to allow students to evaluate current academic research in light of current practice and challenges. The focus of the module will be on EU corporate governance but reference will also be made to the applicable regulations in the United States and other major industrialized countries.
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 contextualized and current controversial topics such as board culture, board pay, board diversity, corporate ethics, corporate purpose and ESG will be explored. The module will distinguish between “shareholder-oriented, Anglo-American governance regimes” which may be said to exist in the UK and Ireland and the more inclusive more stakeholder-oriented regimes which exist in Germany and other continental European countries. Reference will be made to both hard law and soft law in the corporate governance field with an emphasis on EU regulation.
Learning Outcomes:
On successful completion of this module students should be able to:
- engage in high-level analysis of a range of corporate governance issues
- express an informed view on the ultimate interests that corporate governance regulations should seek to advance
- assess different regulatory mechanisms
- identify and discuss the main themes, perspectives and issues in the area of corporate governance
- make informed recommendations for reform in the area of corporate governance
- demonstrate an awareness and appreciation of the multidisciplinary approach to corporate law scholarship; and
- critically evaluate legal and doctrinal scholarship on corporate governance in the light of current developments.
Assessment:
-
Essay: 95%
In-class attendance: 5%
Students are required to submit a written assignment (maximum 5,500 words) to be submitted at the end of the module. This will constitute 95% of the total marks available for the module. This will take the form of a short essay and a reflective journal. The latter will allow students to engage critically on a selected theme throughout the duration of the module in the context of current legal scholarship, regulation, public discourse and the relevance of the module to everyday situations and examples.
Data Protection: Law, Policy and Practice
LA7122, 10 ECTS
Lecturer: Dr David Fennelly / Dr Eoin O’Dell
Semester: 1
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 (GDPR), and the experience of its implementation since 2018, the legal landscape of data protection has been undergoing significant and far-reaching change. The aim of this module 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 module 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; and 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.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Understand the core principles of data protection law and how they apply in practice
- Develop an insight into data protection law in its theoretical, policy and practical contexts
- Identify, interpret and apply the key sources and primary materials
- engage in advanced research and analysis on current issues in data protection
- Critically analyse the legal and policy framework of data protection.
Assessment:
- agreed with the lecturers on or before the class in week 6
- no more than 6,000 words (INCLUDING footnotes)
- referenced according to OSCOLA Ireland system of legal citation,
- submitted, only Turnitin on Blackboard, on the Friday of the week after the end of teaching term.
EU Aviation Law
LA7076, 10 ECTS
Lecturer: Dr Ewa Komorek
Semester: 2
Pre-requisite - Basic knowledge of EU law general, and EU competition law in particular, is a welcome although not essential requirement for participation in this module.
This module aims to provide students with an overview of the regulatory structure of civil aviation in the European Union. Out of all transport modes in Europe, air transport has experienced the fastest growth in recent years. It makes a key contribution to the European economy and plays a vital role in regional development and integration of Europe, as well as ensures connectivity with the rest of the world. This is largely due to the work of the European Union and the creation of single market for aviation.
This module deals with EU laws, policies and case law in the field of air transport. Main topics include the liberalization of air transport and the creation of the internal market for aviation; the European safety and security policies; the protection of passenger rights; the protection of environment; and the application of EU competition law to air transport industry. The relations of the EU with third countries, following the European Court's of Justice 'Open Skies' judgments are also addressed. The module also looks at the EU regulatory responses to the recent Covid-19 crisis. Guest lectures are provided by industry experts from i.e. IAA, Ryanair, Stephenson Harwood law firm (London) and Bird&Bird law firm (Paris). Internship opportunities are provided for students achieving best result in the module.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Appraise and evaluate the regulatory structure of civil aviation in the European Union
- Identify and evaluate the major developments in the regulatory framework since 1987
- Identify and analyse main areas affected by regulation in the aviation industry in the EU
- Critically evaluate the role of various regulatory bodies, national and international, in the aviation industry
- Apply critical analysis and problem-solving skills to questions relating to EU aviation law.
Assessment:
- Essay (5,500 word limit) - 95%
- Blackboard participation – 5%
EU Consumer Law
LA7042, 10 ECTS
Lecturer: Mr Alex Schuster
Semester: 2
The EU is comprised of circa 445 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 the internal market mechanism is designed to provide them with high quality goods and services at optimal prices). A closely related issue is whether the blueprint for EU law and policy in the consumer field has been adequately designed to turn its 445 million consumers from market passengers into market drivers. With all of this in mind, the module focuses on the following subject areas:
- The Evolution of EU Consumer Law and Policy
- The Concept of a ‘Consumer’; the ‘Vulnerable Consumer’ phenomenon; the importance of Behavioural Economics
- Positive Harmonization
- Negative Harmonization
- Consumer Contract Law (Principles of Contract Law, Digital Contracts, Unfair Terms in Consumer Contracts, Consumer Sales and Supply of Services Contracts)
- Product Liability and Product Safety
- EU Travel and Tourism Law (including Denied Boarding)
- Consumer Rights (including Digital Contracts)
- Unfair Commercial Practices
- Litigation, Redress and Enforcement.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Identify and describe the evolution of Consumer law and policy at an EU level
- Locate the relevant legislative and judicial texts
- Recall and correctly interpret substantive EU Consumer law
- Examine the extent to which EU Consumer law has transformed European consumers from market passengers into informed drivers of the internal market for goods and services
- Examine the legal principles underpinning digital contracts for the supply of goods and services
- Critically assess the problems inherent in the enforcement of EU Consumer Law
- Outline the importance of EU Consumer Law for businesses selling goods and services on a pan-European basis.
Assessment:
- Assignment - 100%
The assessment in this module (constituting 100% of the total marks available) is designed to measure your ability to produce a high calibre research essay/assignment within a relatively short space of time (an invaluable skill which will test your mettle as prospective practising lawyers/legal academics). You will be provided with a choice of four ‘take home’ essay topics/assignments in Week 9 of Teaching Term. By that point in time, you will have received a thorough grounding in the fundamentals of EU Consumer Law. You will then be afforded approximately five weeks to produce and submit a detailed essay/assignment (with an upper limit of 5000 words) during Assessment Week.
EU Financial Services Law
LA7025, 10 ECTS
Lecturer: Mr Donald A. MacLean
Semester: 2
This module is a survey of the primary principles in the regulation of financial service providers within the EU (and Ireland). We will look at past, current and future development of banking, securities, occupational pension and insurance regulation, such as:
- rationale for, and impact of, regulation on the provision of financial services;
- standardisation and harmonisation of law;
- coordination and cooperation among Member States; and
- comingling of sectors and resultant issues
with regards to the following subject matter:
- Major Concepts — The Single Market; Freedom of Movement of Capital; Authorisation, Mutual Recognition, Risk and Risk Management; Capital Adequacy; Prudential Supervision; Recovery and Resolution, Misconduct and Accountability; and Consumer Protection
- Regulation of EU Banking — Introduction to the Banking Directives/Regulations; the Single Supervisory Mechanism; the Single Resolution Mechanism
- Regulation of EU Capital Markets — Introduction to the Securities, Derivatives and Collective Investment Scheme Directives/Regulations; Regulated Markets & Trading; Market Integrity; Market Abuse
- Regulation of Pensions — Introduction to Occupational Pension Directives/Regulations; Pan-European Personal Pension Products, Portability
- Regulation of Insurance — Introduction to Insurance Directives/Regulations
- Cross-sectoral issues
Learning Outcomes:
On successful completion of this module, students should be able to:
- Explain in general terms the major directives and regulations governing financial services in the European Union
- Explain the principles behind authorization, regulation and enforcement related to financial services in Ireland and the EU
- Explain the need for regulation to protect consumers/ investors, financial stability, and market integrity
- Explain the EU and Irish approach to conduct regulation
- Identify specific EU and Irish financial services' issues related to the European system of regulation of financial services
- Assess the impact of regulation on financial services in the EU.
Assessment:
- 30% Midterm Assignment
- 70% Final Assignment
EU Media Regulation
LA7123, 10 ECTS
Lecturer: Dr Ewa Komorek
Semester: 2
The European media landscape is undergoing 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) 2018
- Media Freedom and Pluralism in the Digital Age – European Media Freedom act 2024
- Public Service Media
Guest lectures are provided by industry experts from the Coimisiún na Meán (Irish Media Commission), media consultancy companies, European Commission and others. The final student essay with the highest mark is published on the Coimisiún na Meán's (CnaM) website as part of the CnaM research papers.
Learning Outcomes:
On successful completion of this module students should be able to:
- Identify and evaluate the EU regulatory structure governing the (mainly audiovisual) media
- Appraise the importance of the Digital Single market initiative and the Audiovisual Services Directive for the EU regulation of the media
- Critically evaluate the role of European Union in the international regulation of the media industry in Europe
- Identify and assess the main issues connected with the need to maintain pluralistic and diverse media market in Europe and the role the European Union plays in this area
- Appraise the importance of promoting media literacy and identify and assess the EU’s initiatives in the area of EU regulations of the media.
Assessment:
- Essay (5,500 word limit) - 95%
- Blackboard/Online participation – 5%
European Trademark 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 including the Trade Mark Recast Directive. 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 module will also examine the registered trade mark and design regimes at an EU and national level.
Learning Outcomes:
- Compare, critically analyse and debate the approaches to trade mark protection at a national and European level
- Identify the applicable EU legislation in the areas of: trade marks, unfair commercial practices, comparative advertising, geographical indications and designations of origin, domain names and exhaustion of rights
- Interpret and analyse that legislation in the light of relevant and developing case-law of the Court of Justice of the European Union
- Give clients practical advice on the nature and extent of the rights conferred under EU law in the above identified areas
- Use their knowledge of EU law to interpret and apply national implementing legislation in these areas
- Analyse existing problems and deficiencies in the EU’s legislative framework governing these areas and the main challenges to be addressed by future legislation
- Apply critical analysis and problem-solving skills to essay and problem based questions on current Trade Marks issues in the EU
- Explain the interaction between trade mark and design laws
- Review different models of design protection and compare approaches to design protection.
- Coursework in the form of 5000 word essay.
Fintech Regulation and Policy
LA7136, 10 ECTS
Lecturer: Professor Deirdre Ahern
Semester: 1
New technologies and artificial intelligence (AI) are fundamentally changing how we work and do business. The objective of this module is to allow students to gain an understanding of both the opportunities and challenges presented by the use of AI and new technologies in producing new financial services fintech business models, and enhanced products and service and processes in the business world. To do so, the module will engage with cutting edge legal, policy and regulatory issues that are emerging as important to address.
Learning Outcomes:
Upon successful completion of the module students should be able to
- Appreciate the challenges of applying existing legal frameworks to regulation of fintech through robust engagement with law, policy and theoretical frameworks and synthesis of such material.
- Develop a coherent research proposal, undertake independent research and complete a research paper that effectively critically engages with contemporary law and policy concerns in relation to fintech.
- Effectively deliver a peer oral and slide presentation and delivery of mutual peer feedback that demonstrates an assimilation of technological, business and regulatory policy concerns.
- Engage flexibly with how the digital landscape is changing our society and develop an independent understanding of current and emerging technologies and how they are interfacing with financial service products and processes.
- Engage confidently with emerging and future technological developments and how regulatory goals are impacted.
Assessment:
- Research Paper 90%
- Class Presentation 10%
Foundations in International Law
LA7156, 10 ECTS
Lecturer: Dr Christiane Ahlborn
Semester: 1
* Priority will be given to students registered for the LL.M (International and Comparative Law) degree programme. Any available places will be opened to students on other LLM (General) programme in September 2025. Admissions will be reviewed on a case-by-case basis to ensure suitability for the module.
This module explores the foundations of international law. The module will cover the history and theory of international law, the sources of international law (customary international law, treaties, general principle of law, and soft law), the subjects of international law (states, international organizations, individuals, and corporations), and the determination and enforcement of international responsibility.
The module aims to introduce students to the foundational rules and principles of international law and apply them to contemporary transnational and global issues. The module does so by providing students with a solid theoretical foundation in the subject, grounded in both legal and political theory. Students will then explore the subject by engaging with both primary materials (treaties and other international instruments, case law, and relevant domestic legislation) and academic commentary and will be asked to consider international law from a critical perspective in light of the contemporary issues presented.
This module will give students a theoretical understanding of international law in its broader context and practical skills to navigate complex issues arising in contemporary international and transnational relations. The module will also consider current themes and issues that arise in general international law and its specialised fields, which may include international criminal justice, international investment law, international environmental law, or international cyber law. After gaining an in-depth understanding of the foundations of international law, students will consider how international law responds to these contemporary issues. The topics will be explored through primary materials and selected academic literature. Overall, the module will provide students with the opportunity to explore and evaluate the fluid relationship between international law, politics, economics, and culture, in the context of real-world international law issues.
The module will be assessed based on two components. During the module, students will participate in a simulated in-person activity/practice exercise, such as an international negotiation. At the end of the module, students will complete an independent research essay, on a topic approved by the lecturer, that explores in detail some topic covered in or suggested by the module.
Learning Outcomes
On successful completion of this module, students should be able to:
- Identify core principles and rules international law and evaluate its application to a range of domestic, regional and international issues
- Identify and analyse contemporary issues in international law and to develop practical solutions based on relevant concepts and theoretical approaches
- Critically analyse the interplay between international law and politics at the domestic, regional and global levels;
- To conduct effective and critical research regarding relevant legal instruments and case law by international, regional and domestic institutions, including courts and tribunals;
- To proficiently and effectively use the terminology of international law in oral and written communication.
Assessment
- 5,000-word essay (inc. footnotes) – 80%
- Simulated in-person activity/practice exercise – 20%
- Class attendance (pass/fail)
In case of a failure to pass any of the assessment components, the module leader will provide a make-up assignment.
Freedom of Expression and Intellectual Property Law
LA7091, 10 ECTS
Lecturer: Dr Eoin O'Dell
Semester: 2
This module considers various ways in which Freedom of Expression (F0E) and Intellectual Property (IP) inter-operate. Some IP rules reinforce F0E; but many IP rules are restrictions upon F0E. We will consider whether
- there is standard pattern of comparative analysis of constitutional protections of F0E;
- initial speakers' IP rights are legitimate restrictions upon subsequent speakers' F0E;
- subsequent speakers' F0E can limit initial speakers' IP rights, either by constraining the interpretation of the instrument affording the IP right in question, or by striking down that instrument, or by simply relying directly upon a constitutional protection of F0E; and
- exceptions (eg, fair use, fair dealing, parody) provide scope for the protection of subsequent speakers' F0E?
We will discuss, compare, and contrast treaties, legislation, caselaw, policy documents, scholarship, and other materials and online resources, from a wide range of common law, civilian, and international jurisdictions. We will see cases involving (in)famous people, characters, companies, NGOs, and products, such as: Andy Warhol, Audrey Hepburn, Barbie, Dom Perignon, Donald Trump, Google, Greenpeace, Ginger Rogers, Jack Daniel's, Jeff Koons, Kraftwerk, Leonardo da Vinci, Mickey Mouse, Victor Hugo, Zorro, etc etc. And we will look at leading F0E and IP cases from many Courts, considering such questions as:
- what do dog toys tell the US Supreme Court about fair use of trademarks;
- what do German teen movies tell the Court of Justice of the EU about immoral trademarks;
- what do commemorative stamps tell the ECHR about copyright;
- what do music samples tell the German Federal Supreme Court about copyright exceptions; and
- what does advertising tell the Irish Supreme Court about F0E?
Learning Outcomes:
On successful completion of this module, students should be able to:
- comprehend and critically understand key debates in modern IP law;
- critique the intellectual foundations of the law and theory relating both to IP and to F0E;
- assess IP doctrines in the context of policy, politics and the economy;
- address current and emerging issues relating to the protection of IP online;
- engage with such doctrines and issues from the perspective of F0E; and
- apply the insights gained in the course to current debates about reform of IP.
Assessment:
Essay (85%) and Continuous Assessment (15%)
The Essay (85%) must be:
- no more than 6,000 words (INCLUDING footnotes),
- settled on or before the class in week 6 of term,
- referenced according to the OSCOLA Ireland system of legal citation, and
- submitted, ONLY via Turnitin on Blackboard, by 4:00pm on the Friday of the week after the end of teaching term.
The Continuous Assessment (15%) will consist of marks for
- ongoing participation in the module (5%), and
- participation in one of the in-class moots in the module (10%) - topics are likely to include political exploitation of Louboutin shoes, parody of naming rights for Croke Park, and alcohol labelling requirements.
There will be more details about these assessments on Blackboard.
Globalisation and Law
LA7034, 10 ECTS
Lecturer: Professor William Binchy
Semester: 1
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.
This module 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. It addresses contemporary controversies relating to tariffs and international trade.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Assess the effects of globalisation on traditional approaches to law at the national and international levels
- Critically analyse the impact of globalisation of the categorisation of public and private law and of the interrelationship between constitutional and administrative law, international human rights norms, civil law and criminal justice
- Locate key legislative and judicial texts
- Debate current issues relating to such matters as the impact of globalisation on cultural and religious diversity, the responsibilities of transnational corporations and controls on the Internet.
Assessment:
- Take-home Examination (100%)
Human Rights and Deprivation of Liberty
LA7151, 10 ECTS
Lecturer: Dr Mary Rogan
Semester: 1
This module examines the deprivation of liberty from philosophical, sociological, and rights-based perspectives. It will examine the nature of liberty and when it can be considered ‘deprived’ under law. It will also assess the philosophical justifications for depriving liberty, including the protection of others, of the person whose liberty is deprived, or as a means of executing a punishment. The module will then assess multi-disciplinary research on the harms, problems, and rights concerns that arise from the deprivation of liberty. The module will then examine protections for rights in the context of the deprivation of liberty, including: inspection and monitoring and other forms of regulation; complaints procedures; reviews of detention; and assisted-decision making supports.
Students will be assessed by means of an independent research project which will require students to: provide a legal analysis of a problem question related to the deprivation of liberty, along with an assessment of academic literature on the issues raised from a socio-legal or philosophical perspective.
Learning Outcomes:
Upon successful completion of the module students should be able to
- Identify, evaluate and synthesise jurisprudential theories and concepts relating to the nature of the deprivation of liberty in international and comparative contexts at a level appropriate to masters graduates;
- Use appropriate legal theories, doctrines and concepts to identify, formulate, analyse and solve legal problems and issues relating to the protections necessary when liberty is deprived in national and international contexts;
- Engage in critical analysis of the deprivation of liberty and associated rights protections using legal research methodology, and demonstrate an awareness of relevant literature from other disciplines;
- Carry out in-depth research using caselaw, legislation, academic legal commentary, reports, and literature from appropriate other disciplines at national and international levels on the subject of the deprivation of liberty;
- Communicate the results of one’s research effectively and clearly.
Assessment:
- Take home Assignment - 5,000 word (including references) assessment of the legal and socio-legal/philosophical issues raised by a problem question relating to the deprivation of liberty.
Human Rights at Work
LA7148, 10 ECTS
Lecturer: Dr Alan Eustace
Semester: 2
This module will explore doctrinal and theoretical perspectives on the regulation of the labour relationship under international law and by way of comparative jurisdictional examples. Its focus will be on contemporary frontier challenges in the labour market and the world of work, from free speech to artificial intelligence, while bringing fresh analysis to abiding problems like freedom of association, disciplinary proceedings and protection of whistleblowers. The framing of the material will both offer and critique an approach to labour regulation predicated on the protection and enforcement of human rights norms within the relationship between workers and employers. The module lecturer will lead the seminars through structured discussion, with students expected to participate on the basis of reading done in advance.
The aim of the module is to enable students to think conceptually and doctrinally about labour law at international and jurisdictional level, and about the value and limitations of human rights within labour law doctrine and theory. It will thus encourage students to seek out solutions to the challenges thrown up by a rapidly-changing world of work that best protect the human rights of working people and the democratic values of modern societies.
During the module, students will prepare a response paper based on discrete doctrinal examples from the course, and present to the class on this material.
At the end of the module, students will complete a research essay on a topic chosen from among those approved by the lecturer, that explores in detail some issue covered in the module.
Topics of the seminars may include:
- Theories of labour law
- Forced labour and modern slavery
- Freedom of association, collective bargaining and strikes
- Disciplinary procedures
- Whistleblowing
- Freedom of expression, the free practice of religion and conscientious objection
- Privacy
- Algorithmic management and artificial intelligence
- Right to work and the value of human labour.
Learning Outcomes:
Upon successful completion of the module, students should be able:
- To examine international and comparative labour laws in light of different theories and philosophies of work relations and regulation thereof
- To examine international and comparative responses to discrete problems arising within and out of the labour relationship
- To engage in doctinal and comparative research and writing on approaches to legal regulation of discrete aspects of labour relations
- To conduct independent research using sources of and commentary on international and comparative labour law and theory
- To produce high-quality and theoretically-enriched writing on labour law doctrine.
Assessment:
- 3,500 word essay (exc footnotes) – 60%
- 1,500 word response paper (inc footnotes) and in-class presentation – 35%
- Class attendance – 5%
Human Rights Law Clinic
LA7131, 10 ECTS
Lecturer: Dr David Fennelly, Mr Colin Smith
Semester: 2
*A maximum of 12 students from LL.M (International and Comparative Law) only are permitted on this module.
This module will explore the application of human rights law in practice. Students – who will already have studied human rights law – will examine the practice of human rights, reflecting on the legal and policy framework for human rights protection and the deployment of core lawyering skills in this context. In order to gain an in-depth understanding of human rights law in practice, students - under the supervision of the instructors - will collaborate with a partner organisation on a topical human rights issue which is relevant to the organisation’s work.
. Students will undertake individual and group research, culminating in a final research report which will be presented to the partner organisation at the end of the module. In weekly workshops, students will review the work-in-progress with the instructors, gaining insight into the realities of human rights practice while also developing core lawyering skills.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Understand the application of human rights law in practice
- Apply core legal skills in a practical context
- Develop their knowledge and skills through practical experience / engagement
- Reflect upon practical experience / engagement to broaden and deepen their understanding of human rights law
- Understand the role of human rights litigation and its limitations
- Recognise and respond to ethical issues arising in human rights practice
- Work effectively in a group and professional setting
- Make a contribution to the community and gain an appreciation of the value of civic engagement as a method of learning.
Assessment:
- Learning Journal - 40%
- Group Report/Presentation - 60%
Intellectual Property, Competition Law and Innovation
LA7157, 10 ECTS
Lecturer: Dr Richard Bunworth
Semester: 2
This module explores the dynamic interaction between intellectual property law, competition law, and innovative products and markets. The innovation studied primarily relates to emerging products and services in the digital economy and pharmaceutical industry. However, the discussions and content will be broader and encapsulate questions regarding how the law should regulate and adapt in response to radical changes that are occurring on markets as a result of vastly accelerated technology and means of production. This will be studied through the lenses of IP law and competition law. The module will continuously analyse how the sometimes competing goals and interests of these respective legal subjects can exist harmoniously, and how they should impact the law’s response to innovative technology and products. Students will critically assess how these legal frameworks interact and clash, especially in the regulation of digital platforms, data-driven markets, and global innovation ecosystems.
The aim of the module is to enable students to think critically and practically about the challenges posed by emerging technology and social changes with particular reference to IP and competition law. This will challenge students to evaluate how different legal subjects interact (moving beyond thinking in terms of typical legal silos), and the need for the legal system to form a coherent whole.
At the end of the module, students will complete an independent research essay, on a topic approved by the module coordinator, that explores in detail some topic covered in or suggested by the module. In addition, students will complete a group presentation on a topic related to the module in groups of 4/5 students.
Learning Outcomes
On successful completion of this module, students should be able to:
- Understand how IP law and competition law shape and are shaped by innovation
- Understand and critically assess the tensions between the goals of IP and competition law, and how they interact with incentivising innovation and technological progress
- Critically assess how a changing social, cultural and technological environment should impact IP and competition law
- Critically engage with national and regional regulatory frameworks, particularly relating to digital markets
- Analyse recent case law in relation to innovation and digital markets
Assessment
- 4500 word essay (inc. footnotes) – 75%
- Group presentation – 25%
International and European Copyright Law and Policy
LA7092, 10 ECTS
Lecturer: Dr Eoin O'Dell
Semester: 1
This module sheds light on how international and EU legislative instruments seek to ensure an effective and uniform recognition, enforcement and exploitation of copyright and related rights, increasingly by harmonizing national laws on copyright. The module will place particular emphasis on technological aspects of copyright and of its enforcement.
Lectures will consider essential aspects of copyright protection, such as:
(i) history and justifications of copyright; relevant international, EU, and national, copyright frameworks; and important principles;
(ii) the subsistence of copyright; the requirement of 'originality'; the concept of ‘authorship’; and the ‘idea/expression’ dichotomy;
(iii) the challenges posed by Artificial Intelligence (AI);
(iv) copyright’s term of protection, and persisting issues regarding its uniformity throughout the EU;
(v) the scope and character of economic and moral rights, including rightsholders' exclusive rights of reproduction, communication to the public, distribution, adaptation, and so on;
(vi) copyright exceptions and user rights;
(vii) enforcement, immunities, and remedies, including damages and injunctions, in particular against serial uploaders and downloaders;
(viii) online copyright enforcement measures and their constitutional limits, in particular Article 17 of the EU ‘Digital Single Market’ Directive (2019/790); and
(ix) licencing, levies, and collective management of copyright and related rights in the Internet age.
Learning Outcomes:
On successful completion of this module, students should be able to:
- demonstrate a thorough understanding of international coyright instruments (especially those of the World Intellectual Property Organization (WIPO)), of the EU copyright acquis, and of how this interacts with national copyright laws;
- analyze the requirements for obtaining copyright protection;
- analyze the scope of copyright protection, of relevant exceptions, and of the enforcement of copyright - at international, EU and national level;
- demonstrate, in particular, a thorough understanding of the key legislative measures adopted by the EU, and of the key decisions of EU and national courts elaborating on these measures; and
- be able to participate in debates about the modernisation and reform of WTO treaties and of the EU acquis, in particular for reasons of innovation and technological neutrality.
Assessment:
Essay (85%) and Continuous Assessment (15%)
The Essay (85%) must be:
- no more than 6,000 words (INCLUDING footnotes),
- settled on or before the class in week 6 of term,
- referenced according to the OSCOLA Ireland system of legal citation, and
- submitted, ONLY via Turnitin on Blackboard, by 4:00pm on the Friday of the week after the end of teaching term.
The Continuous Assessment (15%) will consist of marks for:
- ongoing participation in the module (5%), and
- participation in one of the in-class moots in the module (10%) - topics are likely to include AI, copyright exceptions, and authors' remuneration.
There will be more details about these assessments on Blackboard.
International and European Environmental Law and Policy
LA7149, 10 ECTS
Lecturer: Dr Sarah Arduin
Semester: 1
In an era characterised by pressing environmental issues from climate change to energy crises, this module will provide an in-depth analysis of the foundations (history and policies) of environmental law both under EU Law and International Law. The module will provide students with the opportunity to explore the evolution of EU and international environmental law, analyse the core principles of environmental protection such as prevention, precaution, polluter pays, and environmental impact assessment, to name but a few, and the impact that environmental legal regimes have on trade, human rights, and increasingly international investment law. Other topics likely to be covered include climate change as a sustainable development challenge, different regulatory interventions from market instruments, command-and-control, to behaviourally informed interventions, and the interaction between risk, science, and precaution in the context of genetically modified organisms (GMOs). The classes will feature a combination of lectures, invited lectures, seminar-style debates, and group presentations.
Learning Outcomes:
Upon successful completion of the module students should be able to
- Trace the evolution of International and EU Environmental Law
- Identify the core principles of environmental protection under EU law and International Law
- Critically assess the benefits and risks associated with precaution, prevention, and polluter pays
- Appraise different regulatory interventions in environmental law
- Critically assess the role and challenges of environmental impact assessment
- Assess critically the influence that environmental law has on human rights, trade, and investment law
- Research independently about contemporary environmental challenges
Assessment:
- 4,000 word essay (incl. footnotes) – 75%
- Group presentation (oral presentation and written submission) - 25%
International Aviation Law
LA7097, 10 ECTS
Lecturer: Dr Ewa Komorek
Semester: 1
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 aims to provide students with an overview of the international regulatory framework governing civil aviation. This module explains the history of international aviation law and examines the international legal framework governing civil aviation. Particular attention is paid to the 1944 Chicago Convention which is a cornerstone governing international civil aviation. The course topics also cover the International Civil Aviation Organization (ICAO), the 1929 Warsaw Convention and 1999 Montréal Convention on carriers’ liability, the 1963 Tokyo Convention on crimes committed on board aircraft and the 1970 Hague Convention on unlawful seizure of aircraft (the ‘Hijacking Convention’). The module also looks at the international legal responses to the recent Covid-19 crisis and 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.e. the Irish Aviation Authority, Air Accident Investigation Unit, Bird&Bird law firm, Paris.
Internship opportunities are provided for students achieving best results in the module.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Identify and evaluate the international regulatory structure governing civil aviation
- Appraise the importance of the Chicago Convention for the public international aviation law
- Critically evaluate the role of ICAO in the international regulation of civil aviation
- Analyse the principles of private international aviation law as governed by the Warsaw and Montreal Conventions
- Identify main international legal instruments dealing with crimes committed on board aircraft
- and unlawful seizure of aircraft
- Analyse main principles governing the international regulation of aviation liability insurance
- Identify and assess legal principles governing the international interests in mobile equipment
- Apply critical analysis and problem-solving skills to questions relating to international aviation law.
Assessment:
- Essay (5,500 word limit) – 95%
- Blackboard Participation – 5%
International Business Tax Law
LA7031, 10 ECTS
Lecturer: Ms Lisa-Marie Mönch
Semester: 2
This module is gives students an introduction to international and European tax law.
The module will start with the history of international taxation, double taxation, and tax treaties. The primary focus will be on the OECD Model Tax Convention and the main business articles therein. The interpretation of tax treaties and the main business taxation articles will be studied. Recent developments in international tax law will be outlined.
The history of direct taxation within the European Union will be outlined, starting with EU primary law and its impact on Member States’ direct taxation, seen through fundamental cases and case studies. Key EU tax directives in the area of direct taxation and fiscal state aid will be introduced.
Throughout the module, there will be discussions of tax competition and cooperation, emerging trends in international and European taxation and a consideration of the role of businesses as taxpayers within European and global society.
Previous knowledge of taxation or tax law is not required.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Identify and critically engage with the jurisdictional bases upon which states impose business taxation with particular reference to the OECD Model Convention
- Critically evaluate and discuss key business taxation articles of the OECD Model Convention
- Critically evaluate and discuss international tax law case law across a number of jurisdictions
- Critically evaluate and discuss key EU measures in the area of direct taxation
- Critically evaluate and discuss key jurisprudence of the CJEU in the area of direct taxation
- Critically evaluate and discuss recent developments in international tax law.
Assessment:
- Two Essays (2,500 words each) – 47% each
- Attendance in class – 6% (measured via attendance list)
International Commercial Arbitration
LA7083, 10 ECTS
Lecturer: Mr Barry Mansfield BL
Semester: 1
The module explores arbitration as a means for 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.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Identify and analyse the challenges posed by the out of court resolution of civil and commercial disputes
- Identify and analyse arbitration as a method of resolving civil and commercial disputes without recourse to the courts, particularly in an international context
- Appraise the advantages and disadvantages inherent in arbitration as a dispute resolution mechanism, particularly in contrast with litigation
- Apply critical analysis and problem-solving skills and techniques to arbitration as a dispute resolution mechanism; and
- Discuss and debate perspectives on arbitration as a means of resolving commercial disputes.
Assessment:
- Research Paper (100%) - 6,000 words
International Criminal Law
LA7051, 10 ECTS
Lecturer: Dr Audrey Plan
Semester: 2
International criminal law is more than ever under scrutiny today. Decisions to prosecute or not prosecute, debates on the constitutive elements of different crimes, and proposals to create new regional or ad hoc criminal courts are the subject of public and academic discourse. This module aims to equip students with the expertise required to engage in these debates at a scholarly and practical level.
The module will include a historical contextualization of International Criminal Law; the institutions and jurisdictional architecture of international criminal justice today; rules of procedure and evidence before international criminal courts; the core international crimes and their elements; modes of individual criminal liability and grounds for excluding such responsibility; alternative forms of international criminal justice; and the relationship between international criminal law and domestic courts, including the principle of universal jurisdiction.
The module will rely on doctrinal analysis of sources, case law, and commentary of International Criminal Law, complemented by socio-legal scholarship contextualizing the role and impact of ICL on past and ongoing conflicts.
The module aims to provide a practically grounded, in-depth understanding of International Criminal Law, in both its institutional and substantive components. Students will acquire the tools to engage with international criminal case law from multiple national and international jurisdictions and develop the analytical tools to apply ICL to contemporary cases. They will be able to critically engage with both doctrinal and normative debates on International criminal justice today.
Learning Outcomes
On successful completion of the module students should be able to:
- Explain the historical development, sources, and objectives of international criminal law.
- Navigate the institutional and procedural architecture of international criminal justice today: institutions, relevant actors and their respective roles, and limitations.
- Identify and describe in detail the different categories and constitutive elements of core international crimes.
- Analyse critically the case law of the International Criminal Court and other criminal tribunals, in light of different doctrinal debates and the evolving international context.
Contribute effectively to ongoing debates on potential developments and reforms in ICL.
Assessment
- 75% Research paper (word count 4,500 words)
- 25% Class simulation
International Dispute Resolution
LA7068, 10 ECTS
Lecturer: Mr Mike Becker
Semester: 2
The module provides an introduction to different methods of international dispute settlement (mediation, conciliation, inquiry, arbitration and adjudication). It then takes a comparative approach to examining how various international courts and tribunals deal with a range of key procedural issues, including:
(1) jurisdiction and admissibility;
(2) evidence and fact-finding;
(3) incidental proceedings; and
(4) enforcement and compliance mechanisms.
Students will engage with key theoretical and doctrinal debates, such as the benefits and risks of the proliferation of international courts and tribunals, the recent turn towards advisory opinions in international law, and controversies surrounding the role and function of investor-state dispute settlement.
Learning Outcomes:
- Identify, explain and critically analyse judicial and non-judicial methods of international dispute resolution
- Understand the fundamental principles and mechanics of resolving a dispute before international courts and tribunals
- Describe and apply relevant rules governing fundamental procedural aspects of international arbitration and adjudication
- Engage with theoretical and doctrinal debates about key aspects of international dispute resolution.
Assessment:
- 2,500-word independent research paper (60%)
- Participation through individual and/or group presentations (10%)
- Assignment in which students (working in small groups) will respond to a hypothetical problem based on issues addressed in the module (30%).
International Economic Law
LA7007, 10 ECTS
Lecturer: Mr T P Kennedy
Semester: 1
International Economic Law concerns the legal rules relating to 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 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.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Identify the essential characteristics of the rules of international trade and appreciate the tensions between a normative legal approach and state interest
- Explain the operations and functions of the World Trade Organisation
- Critically analyse the provisions of the General Agreement on Tariffs and Trade
- Analyse the methods used for resolving international trade disputes.
Assessment:
- Essay to be set on a topic during the modules
International Humanitarian Law
LA7072, 10 ECTS
Lecturer: Mr Colin Smith BL
Semester: 1
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 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. The module is divided across eleven teaching weeks, with two hours of lectures per week. The module 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 module 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 module 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 module concludes with an analysis of the diverse challenges posed to IHL today.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Describe and assess the concept and purpose of IHL and the place of IHL in the corpus of general international law
- Identify and evaluate the source and scope of IHL
- Explain and apply the rules protecting victims of armed conflict
- Locate, apply and critically evaluate the rules governing the conduct of hostilities on land, at sea and in the air
- Compare and contrast the rules applicable in law of non-international armed conflicts with those applicable in international armed conflicts
- Describe and assess how IHL is implemented; and Identify and understand the contemporary challenges facing IHL.
Assessment:
- The International Humanitarian Law module is assessed by way of an essay which makes up 100% of the student’s final mark for the module.
The essay must be a critical engagement with some area of international humanitarian law. Students are free to choose their own essay topic, subject to approval by the module lecturer. It is the topic and not the title which must be approved; provided the essay remains within the boundaries of the approved topic, students are permitted to choose the title at a later stage. Several pre-approved topics will be provided. Students are not limited to material covered in lectures and are welcome to speak to the lecturer after lectures to discuss topics.
International Investment Law and Sustainable Development
LA7150, 10 ECTS
Lecturer: Ms Jesse Coleman
Semester: 2
This module provides students the opportunity to learn about the history, evolution, and impact of international investment law and policy, focusing on the relationship between investment law and sustainable development. The module covers: (1) the nature of foreign direct investment and the rationale for investment treaties and associated methods of dispute settlement; (2) the substantive and procedural standards and their interpretation, application, and evolution over time; (3) the impacts of investment treaties and policy on stakeholders and other key areas of law and policy, with a particular focus on human rights and climate change; (4) efforts to reform investment treaties and investor-state dispute settlement; and (5) alternative approaches to international investment governance that are aligned with sustainable development objectives. The module encourages students to think critically and creatively about the relationship between investment law and sustainable development.
Learning Outcomes:
Upon successful completion of the module students should be able to
- Explain core elements of foreign direct investment (FDI), investment treaties, and investor-state dispute settlement (ISDS)
- Understand and evaluate the relationship between international investment law and sustainable development
- Critically analyze the impacts of investment treaties and ISDS on specific areas of law and policy, including human rights and climate change
- Engage with investment law reform options advanced at national, regional, and international levels
- Identify and assess opportunities and challenges associated with alternative approaches to international investment governance.
Assessment:
- 3000-word essay. Topic to be chosen by the student among course topics. Turnitin submission (60%)
- In-class presentation and summary paper (30%)
- In-class attendance and participation (10%)
International Trade Law
LA7050, 10 ECTS
Lecturer: Mr T P Kennedy
Semester: 2
International Trade Law draws on issues of International Economic Law and Public International Law. This module examines a number of controversial trade issues and considers the approach of law and regulation to them.
The module 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, issues surrounding the regulation of international intellectual property, rules relating to foreign investment and the conflicts that can arise between international environmental law and international trade law.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Debate different theoretical and legal approaches to economic development and global inequality
- Evaluate the application of multilateral treaties to agriculture and the weakness of these treaties
- Identify the legal rules for the protection of intellectual property and varying levels of international application of these rules
- Explain international rules relating to international investment protection
- Critically analyse the tension between emerging international environmental legal norms and rules of international trade.
Assessment:
- There is a tutorial during the module where teams of students are asked to engage in a mock WTO negotiation round. The tutorial may be provided in an online format.
- Students will be assessed on a combination of the written work submitted in advance of the tutorial (80%) and performance in the tutorial itself (20%).
Introduction to Cyber Security Law and Policy
(LA7135) 10 ECTS
Lecturer: Dr Maria Grazia Porcedda
Semester: 2
Cybersecurity has evolved from a specialised technological concern addressed within computer science, engineering and information security circles, to an exciting novel field of law that is being shaped as you read this descriptor. This is no surprise: network and information technologies have taken centre stage in economic growth, the fight against crime, defence and diplomacy. Cybersecurity is now regarded as essential for discharging the duties of the state and the endeavours of economic and civil society actors. In this highly technical, hands-on module, we will critically engage with what cybersecurity means legally, how and why the law has morphed into its current shape, as well as who is responsible to deliver cybersecurity. We will examine relevant concepts, such as capacity building, ‘CIA’, cyber war and peace, resilience and risks, unpack the interplay between ‘data’ and ‘cyber' security, question whether entities should be allowed to ‘hack back’ and whether cybersecurity should be a right.
Thanks to a decade of EU cybersecurity policymaking, we will focus on flagship instruments including the Network and Information Systems Directive 2, the Cybersecurity Act and the Cyber Resilience Act. Yet, to truly understand cybersecurity law, we will need to broaden the horizon beyond the EU Digital Single Market and take into account the role of Member States and other relevant stakeholders. We will also analyse international developments pertaining to standardization and relevant treaties adopted or under discussion within the African Union, the Council of Europe and the United Nations. The classes will feature a combination of lectures, invited lectures, seminar-style debates and group presentations, allowing for the in-depth analysis of the legal frameworks and the discussion of case studies, case law and policy documents. Participants will cover a broad range of legal instruments, including soft law, having a bearing on cybersecurity. Students will gain the necessary knowledge to appraise the effectiveness of such instruments, their interaction and the affordances of cybersecurity law. The course further aims to enable students to identify policy trends in cybersecurity as they unfold and analyse current legal developments.
Priority will be given to students registered for the LL.M Intellectual Property and Information Technology Law degree programme.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Understand the different meanings of cybersecurity and other key terms and how these affect the interpretation of cybersecurity law and policy
- Apply relevant national, regional and international sources of primary, secondary and soft law to a given case
- Analyse the impact of technological, economic and political developments on cybersecurity law and policy
- Evaluate the tensions between areas of cybersecurity policy and the effectiveness of applicable laws
- Critically engage with cybersecurity scholarship by leading authors.
Assessment:
- 60%: Take home Assignment
- 35%: Group Presentation
- 5%: participation (pass=100/fail=0)
Islamic Law
(LA7065) 10 ECTS
Lecturer: Professor Neville Cox
Semester: 2
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 ‘hot topics’ in so far as Islamic law is concerned namely the relationship between Islamic law and modern conceptions of International Human Rights and, more briefly, the concept of Islamic finance, that is, the efforts to try to create new and innovative methods of engaging in global commerce which are compliant with Sharia Law.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Critically assess the sources and history and nature of Islamic Law
- Identify and critically examine the legal issues arising in respect of a range of factual scenarios connected to the application of Islamic Law within the field of international law
- Identify and evaluate the interplay between Islamic Law and International Human Rights Law
- Appraise and evaluate the difficulties emerging from the operation of Islamic Finance Law
- Apply critical analysis and problem-solving skills and techniques to different essay questions based on material covered in the module.
Assessment:
- Essay 1 - 80%
- Participation in Online Discussion Forum (Blackboard) - 20%
Judicial Review and Human Rights: Theory and Practice
LA7066, 10 ECTS
Lecturer: Dr Alan D.P. Brady BL
Semester: 1
This module 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 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 course draws on sources from common law jurisdictions, including Ireland, the UK and Canada. While there are no formal perquisites for taking this course, students are expected to be familiar with the constitutional law of at least one jurisdiction
Module Pre Requisite: There is no pre-requisite for this module. However, if students have not previously studied the constitutional law of at least one common-law state, additional reading will be assigned at the start of the module.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Describe and analyse the role played by judicial review in the broader political context of human rights guarantees
- Explain and appraise the merits and disadvantages of the systems of judicial review in operation in various common law jurisdictions
- Evaluate the leading constitutional debates on the subject of rights-based judicial review
- Critically evaluate the practice of rights-based judicial review from the perspective of constitutional theory and institutional design
- Categorise and discuss the practical effects produced by the operation of the practice of judicial review and the practical experiences of litigants.
Assessment:
-
The summative assessment for this module is primarily by way of an essay, which will account for 95% of each student’s final mark for this module.
Students are free to choose their own essay topic, subject to lecturer's approval and the word limit for the essay is 5,500 words. -
5% of each student’s final mark will be based on participation in online discussions through Blackboard. Students will need to make a minimum of one substantive contribution per week to obtain these marks
Law and Risk
LA7118, 10 ECTS
Lecturer: Dr Suryapratim Roy
Semester: 1
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. This is especially true for the European regulatory space, where ‘risk’ is ubiquitous. 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.
Given recent concerns brought about by COVID-19, the effective handling of risk has brought about an additional concern – could emergency powers be invoked to regulate risk while diluting democracy and the Rule of Law in the process?
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. 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 decisions. 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 economic law, environmental law and health law.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Have a grasp on the legal principles that guide risk regulation, such as the precautionary principle and the proportionality principle
- Approach legal principles from perspectives found in other disciplines. In the bargain, students would appreciate the distinction between normative questions and empirical questions
- Pursue a practical interest in institutional engagement with risk and/or theoretical inquiry in the relationship between law and risk.
Assessment:
- Review (30%)Choice between a book review, a response to an article or a case note of around 2500 words (30%). The subject could be a legal or non-legal text. If it is a non-legal text, students would be expected to analyse the subject using legal concepts and tools. Students may also review fiction, but then the review must tease out what the author is trying to say (or has the luxury to avoid saying) about a non-fiction world.
If you like a book that's not there in the library, then I can try and convince the library to get it. I would recommend students to purchase the subject of review. If you intimately read a work, it is good to have this item in your collection.
It is suggested that the first draft be submitted around the middle of the term. The date for submission of final draft will be specified during the term. You must use the standard law school assignment cover sheet with its anti-plagiarism declaration for the final submission.
- Essay (70%)
Proposal for Essay: Students must submit a proposal of their interests about a potential subject for their essay (10%). This needs to be submitted by the end of the Reading Week. This will be distributed to a specific student serving as a Discussant for the presentation. I have nothing against the essay having an empirical component, with three caveats: (1) I am not an expert in advanced statistics; (2) empirical research takes time and resources; and (3) you would need to secure an ethics approval from the College before conducting empirical work, and this takes time. Should you have conducted empirical work (or are conducting empirical work for your Masters thesis), or are particularly interested in a particular line of empirical inquiry, I would recommend concentrating on how such empirical work could be used for legal decisions or policy recommendations in this module.
Oral/Online Presentation of preliminary draft of Essay: Presentation of a preliminary draft of essay + Discussion of a proposal by another student in class (10%) will take place after the reading week, to allow enough time for revision before submission of Final Essay. Depending on the choice of topics, I will seek to pair students on similar themes. The presentations begin one week after the Reading Week.
Final Essay: Final Essays of around 3,500 words should be submitted individually (50%). The date for submissions will be specified during term.
Legal Issues in Sustainable Finance
LA7137, 10 ECTS
Lecturer: Dr Felix Mezzanotte
Semester: 1
The aim of this module is to provide students with specialised knowledge and understanding of key legal issues involved in sustainable finance policy, an area of policy that has become of paramount importance in both Europe and internationally. Students registering to this module show interest in sustainability issues, in general, and in the interplay of law, finance and sustainability, in particular.
After introducing students to the aims of sustainable finance policy, the first part of the module will develop basic terminology including sustainability risks and sustainable investments . Institutions, markets and products shaping the progress of sustainable finance will also be examined. The second part of the module consecrates to the fiduciary role of investment service providers in terms of meeting the client’s investment preferences acting in the best interest of the clients and exercising stewardship functions including voting in shareholders general meeting. This part also conceptualises a pressing problem in sustainable finance, notably ‘greenwashing’. Private and public enforcement tools have been used to tackle greenwashing and such tools will be identified and examined. The third part of the module looks at information disclosure obligations. These rules constitute the foundations of EU sustainable finance law and regulation, including the Corporate Sustainability Reporting Directive, Sustainable Finance Disclosure Regulation, and the EU Taxonomy Regulation.
Although the content taught in this module will orbit around EU sustainable finance law and policy, the various subjects under consideration and discussion typically find source and application across countries, legal systems and academic disciplines.
This module will equip students to address sustainability issues in a professional, expert manner. Student taking this module will not only satisfy their eagerness to learn and engage in exciting and innovative topics but also boost their job prospects among relevant actors in the sustainability ecosystem including corporations, government, financial institutions, NGOs and international organisations, among others.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Explain key concepts, principles of sustainable finance at the level of law, regulation and policy
- Critically analyse problems in sustainable finance and the interplay of law, environment, society and finance in this policy context
- Communicate ideas, opinions and findings effectively in oral and written modes
- Conduct research and reading independently to address specific problems and questions in sustainable finance.
Assessment:
- (90%) 5000-word essay due at the end of the semester. Topic chosen by the student among the course topics
- (10%) class participation. Class participation represents 10 points out of the 100 points grading system (the essay assignment represents 90/100 points). Out of these 10 points, a total of 4 points are allocated to attendance to the weekly lecture, and 6 points to the frequency (number) of participations in class in oral mode. Class participation means that the student will attend the lecture and intervene or engage orally in class discussion by posing relevant questions, making comments, explanations or critiques, or stating arguments. Pedagogically, class participation is strongly encouraged not only to improve communication skills but also to achieve deep learning. Students will be required to complete weekly pre-lecture readings on key issues and examine them in class along peers in group discussion or by way of individual presentations. Unless the lack of attendance to lectures is duly justified with probatory documents (e.g., medical reasons), this absence will discount the student’s attendance mark.
Mergers and Acquisitions
LA7128, 10 ECTS
Lecturer: Dr. Alexandros L. Seretakis
Semester: 2
The continuous growth of the financial sector and its ability to channel large amounts of funds in a short time and the quest of companies for global expansions have led to the constant rise of merger and acquisition (M&A) activity. The total value of global dealmaking exceeded 3 trillion dollars in 2017. While North America still accounts for 44% of global M&A volume, Europe has been witnessing an exponential increase in M&A activity with European activity reaching 27% of total dealmaking. The aim of this module is to equip students with a sound understanding of the business drivers of M&A transactions and the legal regime governing them. The module will predominantly focus on the European and Irish M&A landscape. Topics covered include the market for corporate control, domestic and cross-border mergers and their regulation in the E.U., takeover regulation in the E.U. and Ireland and takeover defense tactics. The module will also include practitioner talks.
Please note that the course is more focused on the law and regulation of takeovers and mergers. As a result, students enrolling in the class must have a sound knowledge of company law.
Learning Outcomes
On successful completion of this module, students should be able to:
- Understand the business drivers and sources of value creation of M&A transactions.
- Assess the regulation of domestic and cross-border mergers and takeovers in the EU and Ireland.
- Critically evaluate the benefits and perils of hostile takeovers.
- Assess the desirability of takeover defenses.
Assessment
- Research Paper - 85%
- Presentation - 15%
National Security Law
LA7126, 10 ECTS
Lecturer: Dr Eoin O’Connor
Semester: 1
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.
Some of the seminar topics will include:
- National security and the courts. Consideration of informer privilege and public interest immunity. Comparative analysis of the Closed Material Procedure in the UK.
- National security and legislation - examination of legislation which has placed on national security issues on a statutory basis.
- National security and immigration – examination of whether the State can expel a person on the basis of a threat to national security without providing details of same to the person concerned. Comparative analysis of UK and Irish approaches to this issue, and how the ECtHR has dealt with same.
- Coercive or enhanced interrogation and intelligence sharing. What is the legal position, and what are limits on the use of such intelligence? Comparative approach to the UK position.
- National security and Ireland. Examination of the use of informers, the Special Criminal Court and the Witness Protection Programme.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Identify and critically analyse national security law concepts, doctrines and rules both orally and in writing
- Apply the law of national security in practical and theoretical settings
- Pinpoint and critically analyse international and comparative perspectives on national security law
- Develop theoretical and policy perspectives on the law of national security
- Assess the development of the law and formulate proposals for reform
- Conduct effective international, comparative and multidisciplinary research where relevant.
Assessment:
Coursework (100%)
The coursework will take the form of a 6,000 word independent research paper. Students will be expected to read materials in advance of class and to participate actively in class discussion. Some classes will involve individual and group student presentations.
Patent Law in the Globalized World
LA7106, 10 ECTS
Lecturer: Mr Naoise Gaffney
Semester: 1
This module seeks to give students a good grounding in the basic principles of patent law. It is anticipated that with this basis, students should be well placed to develop an informed understanding of efforts to align patent law internationally through the relevant international agreements and also to develop an appreciation of the extent to which patent law remains unharmonized internationally. The module seeks to provide students armed with this knowledge with the skills to view patent law issues from an international perspective, and to advise prospective clients on best practice in multijurisdictional patent protection, enforcement and commercialization. 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 in Asia. As a relevant backdrop to this landscape, the principles, treaties and institutions that attempt to regulate and harmonize 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.
Learning Outcomes
On successful completion of this module students should be able to:
- Demonstrate an understanding of the fundamental precepts of international patent law
- Demonstrate knowledge of the applicable conventions and treaties attempting to harmonize aspects of patent law at an international level
- Apply knowledge of the international conventions and treaties to resolve complex multijurisdictional patent issues
- Demonstrate knowledge of the extent to which questions of validity, infringement and remedies differ between jurisdictions
- Devise appropriate patent protection and enforcement strategies for different scenarios taking into account chronological and jurisdictional considerations as well as substantive variations in patent law
- Demonstrate a practical appreciation of the interface between patent law and other areas of law such as competition law.
Assessment
- Written Assignment - 80%
- Class Participation (including Group Presentation) - 20%
Some classes will involve individual and group student presentations.
Privacy Law and Theory: Transatlantic Perspectives
LA7147, 10 ECTS
Lecturer: Dr Roisín Costello
Semester: 1
This module will explore, from a legal, historical and social perspective, how the concept of privacy emerged in European and North American political and legal thought (in particular from the eighteenth century onwards). The module is particularly concerned with how, following this emergence, the right to privacy (and the content of that right) developed in large part as a result of judicial and academic dialogues between the North America and Europe.
The aim of the module is to enable students to identify the historical and social origins of modern privacy jurisprudence, and to highlight how modern, European, civil law privacy thinking has been formed not in isolation, but through the exchange of ideas with North American and common law jurisdictions. In doing so, the module seeks to equip students to unpick the influences on modern privacy thinking, and to analyse the limits and shortcomings – as well as the strengths – of modern privacy law.
During the course of the semester, students will present a two page ‘presentation paper’ in class. This paper will analyse an assigned reading from the course using a template which will be provided to students in the first week of classes.
At the end of the module, students will complete an independent research essay, on a topic approved by the lecturer, that explores in detail a topic covered in the course of the module..
The topics of the seminars will include:
- Classical conceptions of private spaces and private life
- Privacy of the home in common law thought
- Privacy and property: a patriarchal rights jurisprudence?
- Constitutionalising Privacy in the Eighteenth Century
- Privacy as a personality based right in the Nineteenth Century
- The Great Schism: Private and Public law conceptions of privacy
- Privacy as a Human Right in the Twentieth Century
- Privacy as Control and the Emergence of Data Protection
- Interrogating the Content of Modern Privacy Law
- Relational Theories of Privacy: Trust, Communication and Relationships
- The Future of Privacy Law
Learning Outcomes
Upon successful completion of the module students should be able to:
- To formulate their own account of the development of the concept of privacy
- To formulate their own account of the development of modern privacy laws
- To understand the benefits and risks of different models of privacy protection
- To critically assess the differences and similarities between European and North American concepts of privacy, and the laws which give force to those concepts
- To identity issues with modern privacy jurisprudence
- To assess critically the uses and limits of privacy law
- To engage in comparative research and writing on privacy law and theory.
Assessment
- Essay 5,000 maximum word limit (inc. footnotes) – 80%
- Class attendance - 20%
Regulation of Alternative Investment Funds
LA7127, 10 ECTS
Lecturer: Dr Alexandros Seretakis
Semester: 2
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.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Understand the business model of alternative investment funds, most notably hedge funds and private equity funds
- Critically evaluate the benefits offered and the risks posed by alternative investment funds
- Assess the different regulatory regimes governing alternative investment funds in the EU and the US
- Appraise the effects of regulation on the alternative investment fund industry, financial stability and investor protection
- Comprehend the changing business and regulatory environment for alternative investment funds
- Further develop their interest in financial markets.
Assessment:
- 5,000 world essay (incl. footnotes) - 85% of total mark
- Class presentation- 15% of total mark
The assessment method is designed in order to enhance students’ research, writing and presentation skills and allow them to obtain in-depth knowledge of specific topics.
Regulating Artificial Intelligence
LA7146, 10 ECTS
Lecturer: Dr Brian Barry
Semester: 2
Artificial intelligence (AI) is an expanding family of technologies broadly comprising computer systems that can perform tasks normally requiring human intelligence. The rapid development and deployment of AI tools and systems bring extraordinary societal and economic benefits alongside profound risks, threats and challenges. Necessarily, lawmakers have responded by introducing laws and regulatory frameworks that attempt to serve the broader societal project of harnessing the benefits of AI while mitigating threats and risks associated with it. This module begins by exploring definitions of AI, its foundational concepts, its technical rudiments and certain use cases. Students will then consider the literature and commentary on principles and values often espoused as justification for regulating AI in the first place; for example, fairness, accuracy, accountability, accessibility, transparency, procedural justice norms, equality, sustainability, security, and data protection and privacy, among others.
Building on this, students will then examine primary source legal instruments and secondary source commentary to reflect on and debate whether laws and regulatory frameworks directly and indirectly regulating AI tools and systems are feasible, appropriate and achieve stated objectives. The EU Artificial Intelligence Act will be considered in particular depth.
Students will consider the implications of regulation, not just for the developers and users of AI tools and systems, but also its wider ethical, societal and economic impacts.
Throughout the module, students will be prescribed reading material and will engage in short tasks through workshops geared towards their assessments. Students will be expected to participate in structured class discussions and debates facilitated by the lecturer.
Learning Outcomes
On successful completion of this module students should be able to:
- Comment upon the rationale and purpose of regulating AI tools and systems by reference to relevant academic literature and broader political discourse
- Explain, critique and compare the provisions of various legal instruments that currently (or propose to) regulate AI tools and systems including, but not limited to, the EU Artificial Intelligence Act
- Critically reflect on the effectiveness and feasibility of various legal instruments that regulate AI through the broader lenses of their economic, social and ethical implications for society
- Recognise, identify and apply legal rules and principles that are appropriate and relevant to address legal issues and problems that involve AI tools and systems
- Identify and locate relevant sources and materials to keep abreast of developments in AI regulation and to assist in solving legal issues and problems in a variety of contexts that involve AI tools and systems.
Assessment
- 4,000 word essay (including footnotes) – 80%
- Presentation – 20%.
Regulation of Cyberspeech
LA7133, 10 ECTS
Lecturer: Dr Ewa Komorek
Semester: 1
We are living in the age of information and expanding potential channels for expression. Nowadays, internet allows everyone to be content creator and as a result freedom of expression is wider than ever. However, with this great potential comes great risk and the limits of freedom of expression are being tested in new ways. While up until recently there was reluctance to regulate the internet in general and social media in particular, the present trends are increasingly shifting towards more and more regulation. Thus, the aim of the module is to challenge students to think about whether and how the law can be shaped and improved for the benefit of (digital) society.
The module will cover a number of topics in the four main subject areas: internet governance, cyber-speech, privacy in the Digital Society and selected (speech related) aspects of cyber-crime. In particular, the following issues will be discussed:
1. Brief overview of the theory and regulation of freedom of expression in different jurisdictions
2. Internet governance in general (who should regulate internet and to what extent)
3. Characteristics of cyber-speech (anonymity, trending, sharing, permanent nature, transient nature)
4. Types of problematic cyber-speech, including:
- Online defamation
- Breach of privacy (other than breach of data protection law
- Hate speech
- Grossly offensive speech
- Disinformation
- Cyber-bullying and harassment
- Hacking and cyber-terrorism or social protest? (example of the actions of Anonymous)
Guest lectures will be delivered by experts from the industry (for example, Philip Lee law firm, Dublin and Google Ireland), providing practical insight into the topics covered.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Identify and assess the main issues and challenges connected with online expression
- Identify and evaluate the international, EU and national regulatory structures applicable to cyberspeech
- Critically assess the effectiveness of existing regulatory solutions and identify and evaluate areas for improvement
- Appraise the importance of promoting online media literacy and identify and assess the regulatory and self-regulatory initiatives in this area
- Apply critical analysis and problem-solving skills to questions relating to regulation of cyber-speech.
Assessment:
- 95% essay (5,500 word limit) on a topic selected by a student from the range of topics discussed
- 5% Blackboard participation.
Research Dissertation
LA7047, 30 ECTS
Semester: All year
The research dissertation is mandatory on all LL.M programmes.
All candidates must complete a dissertation as part of their LL.M degree at Trinity. The total mark available for the dissertation counts for 33% of the LL.M degree or the equivalent of three modules.
The dissertation is intended to be self-directed research with broad guidance given in the manner described below. Students are presented in August with a number of thematic groups, each led by an academic with a research interest in the area. Students will be able to choose a group based on the research topic that they wish to pursue, indicating a number of preferences. Every effort will be made to assign students to dissertation groups in accordance with their preferences, based on availability. Where a dissertation group is focused on an area of law that corresponds to a specific degree, priority will be given to students enrolled in the related degree.
All students will be provided with a general introductory lecture at the beginning of each of the two semesters. The dissertation groups, including all students and the academic leader, will meet on three occasions during each semester. The academic leader will provide individual feedback on the research plan, a sample of writing and the final plan for the dissertation. In the dissertation groups, students will present their work and ideas and provide feedback to one another, facilitated by the academic leader. The academic leader will, in consultation with the students, assign them into sub-groups of three or four to facilitate peer-to-peer learning and mutual support outside the classroom.
There will be an opportunity in May for a one-on-one meeting with the academic leader to review progress on the dissertation and discuss its completion. Any final questions or concerns relating to the completion of the dissertation should be addressed to academic leaders before the end of May.
The dissertation will be due for submission by 26 June 2026. The word limit for the dissertation is 15,000 words, including footnotes.
Learning outcomes:
On successful completion of this module students should be able to:
- Complete a substantial dissertation based on independent, largely self-directed research;
- Work effectively under the guidance of a research academic leader and collaborate within themed workgroups;
- Conduct effective and targeted research that draws upon a broad range of primary and secondary legal sources on a particular topic;
- Critically assess in writing legal theories, concepts and doctrines;
- Determine the scope and structure of a research project and establish a viable research plan;
- Identify, discuss and debate various research methodologies; and
- Present arguments in a clear and coherent manner that supports a logical conclusion based on the analysis.
Module Aims:
The aim of this module is to encourage students to engage in largely self-driven research and writing leading to the completion of an analytical and critical piece of research. While students are proceeding under the direction of an academic leader who is a member of the Law School staff, to successfully complete the dissertation, students must be able to carry out independent research and writing in a timely fashion to meet the deadline for submission of the dissertation.