LL.M. Programme Modules

African Human Rights Law

Lecturer: Professor William Binchy

This module is available on the following programmes in 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:

Assessment: Take-home Assignment – 100%

Business and Human Rights

Lecturer: Dr. Rachel Widdis

This module is available on the following programmes in Semester 2:

Priority will be given to students registered for the LL.M (International and Comparative Law) and LL.M (International and Business Law) degree programmes. Any available places will be offered to students on other LLM programmes in September 2023.

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.

The Chinese Legal System In Comparative Perspective

Lecturer: Professor William Binchy

This module is available on the following programmes in 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:

Assessment: Take-home Exam – 100%

Comparative Constitutional Law and Theory

Lecturer: Professor Aileen Kavanagh

This module is available on the following programmes in 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:

Assessment:

Comparative Product Liability: Common Law, EU and US Perspectives

Lecturer: Mr. Alex Schuster BL

This module is available on the following programmes in 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:

Assessment: The assessment in this subject 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 10 of Michaelmas Teaching Term 2023. By that point in time, you will have received a thorough grounding in the fundamentals of Comparative Product Liability. 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.

Contemporary Issues in EU Law

Lecturer: Dr Catherine Donnelly

This module is available on the following programmes in Semester 1:

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 the war in Ukraine.

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment: Essay (5,000 word count) – 100%

Contemporary Issues in Intellectual Property Disputes

Lecturer: Mr Glen Gibbons BL

This module is available on the following programmes in Semester 1:

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:

Assessment:

Contemporary Issues in International Law

Lecturer: Dr Christiane Ahlborn

This module is available on the following programmes in Semester 1:

This module will give students a theoretical and practical understanding of international law in its broader context. The module will consider contemporary themes and issues that arise in general international law and its specialized fields. Students will consider how international law responds to these contemporary issues and 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.

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment:

Contemporary Issues in Refugee Law

Lecturer: Dr Patricia Brazil & Dr Samantha Arnold

This module is available on the following programmes in 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:

Assessment:

Corporate Governance in the EU

Lecturer: Professor Blanaid Clarke

This module is available on the following programmes in 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 social responsibility and corporate governance in banks 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. The impact of the Covid-19 Pandemic and the Global Financial Crisis will also be considered as will the role of corporate law in the social market economy. Reference will be made to both hard law and soft law in the corporate governance field with an emphasis on EU regulation.

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;
• critically evaluate legal and doctrinal scholarship on corporate governance in the light of current developments.

Assessment

Students are required to submit a written assignment (maximum 5,000 words) to be submitted by the last Friday in the assessment week). This will constitute 100% 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

Lecturer: Dr David Fennelly / Dr Eoin O’Dell

This module is available on the following programmes in 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), which came into force in May 2018, the legal landscape of data protection is 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 course will explore the key concepts and current issues in data protection, including: the principles of data protection; the rights of data subjects, including the right to be forgotten; the accountability of data controllers and processors; the challenge of international data transfers; 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.

In advance of the first class, please read Case C434/16 Nowak v Data Protection Commissioner (CJEU; 20 December 2017).

Learning Outcomes

On successful completion of this module, students should be able to:

Assessment: Essay (100%)

Assessment in this module will be by one Essay (100%). It must be

EU Aviation Law

Lecturer: Dr Ewa Komorek

This module is available on the following programmes in 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.a., Ryanair and Stephenson Harwood law firm (London and 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:

EU Consumer Law

Lecturer: Mr Alex Schuster BL

This module is available on the following programmes in 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:

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment: The assessment in this subject 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 10 of Hilary Teaching Term 2024. 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 Media Regulation

Lecturer: Dr Ewa Komorek

This module is available on the following programmes in 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):

Guest lectures are provided by industry experts.

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment:

EU Financial Services Law

Lecturer: Mr Donald A. MacLean

This module is available on the following programmes in Semester 2:

*Priority will be given to students registered for the LL.M (International and European Business Law) and then to LL.M (General) degree programmes. Any available places will be offered to students on other LLM programmes in September 2023.

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:

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment

EU State Aid Law

Lecturer: Dr Christopher McMahon BL

This module is available on the following programmes in Semester 1:

In the EU, the spending decisions of Member States are significantly constrained by State aid law. EU State aid law refers to the body of rules set out in Articles 107-109 TFEU, secondary legislation and the case law of the Court of Justice of the European Union which limits the ability of Member State governments to hand out subsidies or other advantages to businesses. These advantages have been interpreted in an increasingly broad manner and do not only cover direct payments but can also include loans, guarantees, tax exemptions, tax deferrals and certain forms of regulation.

EU State aid law represents a vitally important part of internal market regulation and competition policy in the EU that has come under increasing scrutiny in recent years due its role in policing the tax policies of Member States, in framing the competitive relationship between the EU and the UK in the aftermath of Brexit and in co-ordinating the fiscal response of Member States to the pandemic. Ireland has a particular strategic interest in the interpretation of these rules in light of the ongoing dispute with the European Commission over the alleged underpayment of €13 billion in taxes by Apple. Because of the broad reach of these rules into a wide range of public policy interventions, an understanding of these rules is essential in both the public and private sectors across the EU.

The topics covered in this module include:

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment

The assessment for this module will require students to produce a research proposal on a topic relating to EU State aid law which will form the basis of the research essay which will be the primary form of assessment for this module. The proposal will identify a research question, a preliminary review of the relevant case law, legislation and academic commentary and a brief account of the expected conclusions. The proposal will also outline an indicative structure and proposed abstract for the research essay. Students will also be required to produce a longer research essay based on the topic outlined in their proposal.

European Trademark and Design Law

Lecturer: Dr Gemma O’Farrell

This module is available on the following programmes in Semester 2:

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:

On successful completion of this module, students should be able to:

Assessment: Coursework in the form of 5000 word essay.

Freedom of Expression and Intellectual Property Law

Lecturer: Dr Eoin O'Dell

This module is available on the following programmes in Semester 2:

This module considers three ways by which Intellectual Property (IP) rules inter-operate with Freedom of Expression (F0E) concerns. First, some IP rules reinforce F0E. For example, copyright has been called an engine of free expression, and the protection of trademarks can similarly promote F0E. Here, the policies underlying IP and F0E are mutually reinforcing, and the question is the extent to which such doctrines protect initial speakers' IP and F0E rights. Second, many IP rules are restrictions upon F0E. For example, copyright law, trademark law and the equitable doctrine of breach of confidence can prevent subsequent speakers from publishing words, images, music, and so on. Here, the policies underlying IP and F0E are antithetical, and two questions arise: (i) whether the initial speakers' IP rights are legitimate restrictions upon subsequent speakers' F0E, and (ii) whether 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. Third, initial speakers' IP rights are restricted by exceptions and limitations, such as fair dealing and fair use in some copyright regimes. These restrictions provide some scope for the protection of subsequent speakers' F0E; and the question arises whether constitutional protections of F0E can influence the interpretation or application of such restrictions.

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. The first part of the course will develop a methodology to measure IP rights against F0E guarantees in various constitutions, conventions and charters. The conclusion here will be that where IP restricts F0E, the courts will generally regard the engaged speech as commercial in nature, and apply a flexible standard of review or scrutiny, so that the IP restriction is usually upheld. The second part applies that methodology in the context of injunctions against intermediaries to prevent infringements of IP rights, especially in copyright and trade mark cases. There are several injunctions and various rights in play here, including (but by no means limited to) F0E. The conclusion here will be that, whilst early cases correctly found that injunctions were proportionate restrictions upon various rights, later cases mechanically applying the earlier cases usually miss the point that, just because an individual restriction upon a specific right in specific circumstances is proportionate, it does not follow that a different restriction upon a different right in different circumstances is also necessarily proportionate. The third part considers the extent to which user interests should be conceptualised as user rights. The conclusion will be that such a reconceptualisation will have a considerable impact on the earlier analyses

In advance of the first class, please read Case C-401/19 Poland v Parliament and Council (CJEU; 26 April 2022).

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment:

The Essay (85%) must be:

The Continuous Assessment (15%) will consist of marks for participation in the module, and in particular for participation in one of the two in-class moots in the module. 

Globalisation and Law

Lecturer: Professor William Binchy

This module is available on the following programmes in 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.

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment: Take-home Examination (100%).

Human Rights Law Clinic

Lecturer: Dr David Fennelly, Mr Colin Smith

This module is available on the following programmes in Semester 2:

*A maximum of 15 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 issues which form part of the organisation’s advocacy and case-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:

Assessment

Intellectual Property Rights and Emerging Technologies

Lecturer:

This module is available on the following programmes in Semester 2:

The module will give students an insight into and a critical understanding of current debates in the legal field of intellectual property, which are provoked by emerging technologies supplied through the digital environment. While the main focus is the EU law, the course will situate the EU approach in a broader, international context. Since the launch of the Digital Agenda in 2010, and even more so after the definition of a Digital Single Market Strategy for Europe in 2015, the EU Commission has never stopped proposing new legislation aimed at paving the way for the exploitation of intellectual property rights in changing technological and business contexts.. Recent and newly enacted legislation consists of both sector-specific measures, such as Directive 2019/790 on ‘Copyright in the Digital Single Market’, and horizontal regulatory interventions, such as the Digital Services Act and the Digital Markets Act, which place the EU in a unique position worldwide. IP law in the EU and some other regions recently touched upon the regulation of online platforms, artificial intelligence and algorithms, non-fungible tokens and blockchains, and access to public sector information and open data to strike a balance between the protection of innovation and investments in new contents and services and the pursuit of public policy goals. These goals include new ways to protect consumers, competitors, and business partners of the largest tech companies from their overwhelming bargaining power, and the preservation of cultural and linguistic diversity.

IP law in the EU and some other regions have raised criticism as regards the suitability of its burdensome approach to technology regulation and the effects of its digital laws and policies on economic growth, technological competitiveness and citizens’ freedom of expression, artistic and media freedom. This module critically evaluates IP law and policy by reflecting on their actual and future impact in different technological and business domains that have emerged or dramatically evolved in the past 10-15 years: (i) the digitisation of book, music, film and TV programs, especially through the phenomenon of content “platformisation” and Cloud-based streaming services; (ii) the protection of digital rights management technologies and its influence on the rights of IP users (iii) the emergence and exponential growth of a ‘Social Media Entertainment’ sector based predominantly on contents provided by users who access tech companies’ “free” communication and media service; (iv) the regulation of artificial intelligence technologies, including AI-generated works and algorithmic decision-making; (v) the regulation of non-fungible tokens, blockchains, and the metaverse; (vi) the original contents generated in videogames and electronic sports, and the relationships between electronic sports leagues, professional players, and audiences; (vii) mass digitisation projects curated by cultural institutions such as public libraries, museums and archives, aiming to give access to cultural heritage; (viii) mass digitisation projects developed by private companies to pursue both pro bono and corporate interests; (ix) EU sustainability and appliances whose manufacturing and programming heavily depend on pre-existing technologies and data covered by patents, copyrights and trade secrets.

Classes are designed to foster interactivity through a combination of lectures and discussions with the module instructor; recommended readings are accessible through libraries and Blackboard; relevant judgments, policy documents, commercial reports , as well as licensing schemes in several industry sectors will be analysed and discussed. Students will gain familiarity with the exploitation and enforcement of intellectual property rights to understand how emerging technologies have changed and challenged these rights’ basic functions as well as their nature and scope in the above-mentioned scenarios.

Learning Outcomes

• Critically evaluate current debates in the intellectual property legal field of regarding emerging technologies in the digital environment.
• Demonstrate a thorough understanding of intellectual property rights’ commercial exploitation strategies implemented for music, films and TV programs, books, newspapers, computer programs, and video games and their different consequences for the digital economy.
• Understand, from a legal perspective, the impact of emerging technologies and new business models on the development of the digital market and public policy goals.
• Analyse complex administrative decisions and judgments on the compatibility of the licensing and enforcement of national intellectual property rights with EU law.
• Understand the role that technologies such as non-fungible tokens and AI play in digital markets for content and services protected by intellectual property rights.
• Demonstrate an understanding of the scope of application of the existing and upcoming legislation and identify gaps, inconsistencies, or unsettled issues.

Assessment

• 80%: a final essay, not exceed 4000 words). Students will be able to choose one out of three questions the instructor will circulate
• 20%: one presentation related to a theme included in the module curriculum (as listed in module description (i)-(ix)), prepared in group work. The instructor will facilitate the preparation of presentations through a calendar made available shortly after the first lecture.

International and European Copyright Law and Policy

Lecturer: Dr Jiarong Zhang

This module is available on the following programmes in Semester 1:

* Priority will be given to students registered for the LL.M (Intellectual Property and Information Technology Law) and then students on LLM (General) degree programmes. Any available places will be offered to students on other LLM programmes in September 2023.

This module sheds light on how international and EU legislative instruments, from the end of the 19th century onwards, have sought to ensure an effective and uniform recognition, enforcement and exploitation of copyright and related rights. The module aims at analyzing and critically evaluating the most important principles of artistic and literary property embodied in the 1886 Berne Convention, the 1994 TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement, the 1996 WIPO (World Intellectual Property Organization) ‘Internet’ treaties and several EU directives that, while seeking to harmonize national laws on copyright from the early 1990s onwards, embody measures of industrial, innovation and cultural policy. The module will place particular emphasis on technological aspects of copyright and of its enforcement with the aim to assess validity and desirability of rules, principles and legislative solutions in an increasingly broad and interconnected digital environment.

The module initially introduces copyright law by critically overviewing its history and justifications and the international and the EU legal frameworks. Classes detail the principles of international copyright law (territoriality, reciprocity, primacy of author’s rights, protection of so-called related rights) by emphasizing the centrality of the Berne Convention and its relationship with the World Trade Organization’s TRIPS Agreement and other international agreements administered by WIPO. The module engages in a comprehensive analysis of the EU legislative context, which includes the protection of literary and artistic works, computer programs and databases and unsettled issues regarding new types of works such as those generated by artificial intelligence technologies. Students will understand the relevance of this legislation from a constitutional perspective that sheds light on the legal basis of copyright harmonization; the implications of the principles of free movement of goods and exhaustion of rights for copyright’s protection; and the impact of competition law on copyright in Europe.

Specific classes will aim at detailing essential aspects of copyright’s protection such as: (i) history and justifications of copyright, the international and the EU legal frameworks, and important principles; (ii) copyright’s term of protection and persisting issues regarding its uniformity throughout the EU; (iii) the scope and character of moral and economic rights, including the exclusive rights of reproduction, communication to the public and distribution and other; (iv) copyright exceptions under international, comparative and EU law; (v) copyright exceptions under international, comparative and EU law; ; (vi) individual and collective management of copyright and related rights in the Internet age as well as the institutions, legal standards and EU law obligations that are relevant in these businesses; (vi) individual and collective management of copyright and related rights in the Internet age as well as the institutions, legal standards and EU law obligations that are relevant in these businesses; (vii) online copyright enforcement measures and their constitutional limits; (viii) the modernization of the EU legal framework, particularly through the provisions of the EU ‘Digital Single Market’ Directive (2019/790) and its (ongoing) national transpositions.

Lectures will be designed to foster interactivity, ensuring an ongoing dialogue between the instructor and the whole class. Most of the recommended readings will be freely accessible through libraries and Blackboard. To facilitate a critical review of all the materials, the module requires students to contribute to classes by actively participating in classroom discussions and publishing posts, questions and comments on a Blackboard discussion forum.

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment:

International Aviation Law

Lecturer: Dr Ewa Komorek

This module is available on the following programmes 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.a. the Irish Aviation Authority, Air Accident Investigation Unit, Stephenson Harwood 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:

Assessment:

Intellectual Property Rights and Emerging Technologies

Lecturer: Dr Jiarong Zhang

This module is available on the following programmes in Semester 2:

The course will give students an insight into and a critical understanding of current debates in the legal field of intellectual property, which are provoked by emerging technologies supplied through the digital environment. While the main focus is the EU law, the course will situate the EU approach in a broader, international context. Since the launch of the Digital Agenda in 2010, and even more so after the definition of a Digital Single Market Strategy for Europe in 2015, the EU Commission has never stopped proposing new legislation aimed at paving the way for the exploitation of creative works, new technologies and services, and new business models. Recent and newly enacted legislation consists of both sector-specific measures, such as Directive 2019/790 on ‘Copyright in the Digital Single Market’, and horizontal regulatory interventions, such as the Digital Services Act and the Digital Markets Act, which place the EU in a unique position worldwide. IP law in the EU and some other regions recently touched upon the areas of online platforms, artificial intelligence technologies and algorithms, non-fungible tokens and blockchains, and access to public sector information and open data to strike a balance between the protection of creativity, innovation and investments in new contents and services and the pursuit of public policy goals. These goals include new ways to protect consumers, competitors, and business partners of the largest tech companies from their overwhelming bargaining, commercial and technical power, and the preservation of cultural and linguistic diversity.

IP law in the EU and some other regions has raised criticism as regards the suitability of its burdensome approach to technology regulation and the effects of its digital laws and policies on economic growth, technological competitiveness and citizens’ freedom of expression, artistic and media freedom. This module critically evaluates IP law and policy by reflecting on their actual and future impact in different artistic, technological and business domains that have emerged or dramatically evolved in the past 10-15 years: (i) the digitisation of the music, film and TV businesses, especially through the phenomenon of content “platformisation” and streaming services; (ii) the transition of the book publishing, news publishing, and software from businesses models based on sales of physical media or devices to platform- and Cloud-based subscription services; (iii) the emergence and exponential growth of a ‘Social Media Entertainment’ sector based predominantly on contents provided by users who access tech companies’ “free” communication and media service; (iv) the regulation of artificial intelligence technologies, especially the hurdles in accessing and evaluating algorithmic decision-making; (v) the legal regulation of new technologies such as non-fungible tokens and blockchains in metaverse; (vi) the original contents generated in videogames and electronic sports, and the relationships between electronic sports leagues, professional players, and audiences; (vii) mass digitisation projects curated by cultural institutions such as public libraries, museums and archives, aiming to give access to cultural heritage in the public domain and other materials, including orphan works and out-of-commerce works; (viii) mass digitisation projects developed by private companies to pursue both pro bono and corporate interests; (ix) markets for consumer and mobile appliances and the related applications, whose manufacturing and programming heavily depend on pre-existing technologies and data covered by patents, copyrights and trade secrets.

Classes are designed to foster interactivity through a combination of lectures and discussions with the module instructor; articles, research results and other contents presented or made available by a selected group of academics and industry experts will be shared on Blackboard; relevant judgments, policy documents, commercial disputes, as well as licensing schemes in several industry sectors will be analysed and discussed. Students will gain familiarity with the management and enforcement of intellectual property rights to understand how emerging technologies have changed and challenged these rights’ basic functions as well as their nature and scope in the above-mentioned scenarios.

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment:

International Business Tax Law

Lecturer: Lisa-Maria Monch

This module is available on the following programmes in 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:

Assessment:

International Commercial Arbitration

Lecturer: Mr Barry Mansfield BL

This module is available on the following programmes in Semester 2:

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:

Assessment: Research Paper (100%) - 6,000 words.

International Dispute Resolution

Lecturer: Mr Mike Becker

This module is available on the following programmes in Semester 1:

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%)
• Presentation based on the research paper (15%)
• Assignment in which students (working in small groups) will respond to a hypothetical problem based on issues addressed in the module (25%).

International Economic Law

Lecturer: Mr T P Kennedy

This module is available on the following programmes in Semester 1:

* Priority will be given to students registered for the LL.M (International and European Business Law) and MSc Law and Finance students and then to students on the LLM (General) degree programme. Any available places will be offered to students on other LLM programmes in September 2023.

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:

Assessment: Essay to be set on a topic during the modules.

International Humanitarian Law

Lecturer: Mr Colin Smith BL

This module is available on the following programmes in 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:

Assessment:

Essay Topics: 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.

Length: The deadline will be advised at the start of term. The word limit for the essay is 5,000 words, including footnotes. This is a limit, not a suggestion. Marks may be deducted from students who exceed the word limit at a rate of one percentage point per 100 words or part thereof that the student exceeds the limit. A bibliography is not required.

Style: In style, essays should conform to the Oxford Standard for the Citation of Legal Authorities (‘OSCOLA’), and in particular to the Citing International Law Sources Section of OSCOLA 2006, which is available here

Format: In format, essays should be submitted in size 12 point Arial font, with footnotes in size 10 point. The text should be 1.5 spaced. Pages should be numbered. The first page of the essay should clearly state the title of the essay together with the student’s examination number.

Submission: The deadline for submission will be the last Friday in Semester 1 Assessment Week. Submission will be through Turnitin. Students should familiarise themselves with Law School policy on marking penalties for late submission of coursework. Any extensions must be requested in advance by email to the lecturer.

International Trade Law

Lecturer: Mr T P Kennedy

This module is available on the following programmes in 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:

Assessment:

Introduction to Cyber Security Law And Policy

Lecturer: Dr Maria Grazia Porcedda

This module is available on the following programmes in Semester 1:

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 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:

Assessment:

Islamic Law

Lecturer: Professor Neville Cox

This module is available on the following programmes in Semester 1:

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:

Assessment:

Judicial Review and Human Rights: Theory and Practice

Lecturer: Dr Alan D.P. Brady BL

This module is available on the following programmes in 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:

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: Students must have previously studied the constitutional law of at least one common law State.

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment:

Law and Bioethics

Lecturer: Dr Andrea Mulligan

This module is available on the following programmes in Semester 2:

This module aims first to introduce students to current issues in bioethics and provide them with a sound understanding of the technologies and practices involved. It then aims to engage students in evaluating the ways in which these practices may be regulated, and the legal and policy choices that must be made in relation to them. There are no requirements for students taking this module but it is especially suited to students with an interest in law and policy, the interaction of law and morality or the response of law to technological and scientific developments.

Bioethics is the study of the ethical and moral implications of new biological discoveries and biomedical advances. This module examines the way in which law should respond to the challenges presented by these advances and, in particular, the extent to which the state should regulate individual access to certain technologies. Students are expected to read in advance of class and encouraged to engage in discussion with a view to developing their understanding of these controversial issues. As well as using traditional legal materials the course will draw on relevant work from the fields of health sciences, genetics, philosophy, sociology and politics.

The topics covered will include:

• Ethics of clinical research;
• Issues in assisted human reproduction such as surrogacy and donor anonymity and reproductive genetic enhancement;
• End-of-life decision-making;
• Ethical issues in pregnancy and birth.

Learning Outcomes

On successful completion of this module students should be able to:

• Describe ethically contested scientific or medical technologies and practices to non-specialist audiences.
• Describe schemes of bioethics regulation adopted in various jurisdictions.
• Identify organizing principles around which schemes of regulation are built, such as the maximization of individual liberty, or the protection of human life.
• Assess the rights at stake in the use of various technologies and make appropriate recommendations on how they should be balanced in a scheme of regulation.
• Debate bioethical issues in a thorough but sensitive manner.
• Construct nuanced arguments relating to the topics studied and present them orally while responding to questions and comments. 

Assessment

• Research Paper (85%)  - Students will be required to write a 5,000 word research paper. Students are free to choose any topic of interest, but the title of the paper must be pre-approved with the lecturer.
• Presentation of research proposal (12%) – Students will be required to put together a proposal for their research paper and present this proposal to the class. Class members, as well as the module lecturer, will be given the opportunity to ask questions.
• Contribution to online discussion forum (3%)  - Students will be required to make a weekly contribution to an online discussion forum. To count towards this mark, comments must relate to, and demonstrate reflection on, issues discussed in the previous class. Students are, of course, free to make additional comments on other topics of interest.  

Law and Risk

Lecturer: Dr Suryapratim Roy

This module is available on the following programmes in 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:

Assessment:

Review (30%)

Choice between a book review, a response to an article or a case note of around 3000 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 - 4,000 words should be submitted individually (50%). The date for submissions will be specified during term.

Law and International Institutions

Lecturer: Dr Christiane Ahlborn

This module is available on the following programmes in Semester 2:

This module explores the law of international institutions. The module will cover intergovernmental organizations (such as the United Nations, the World Bank, or the European Union) and other forms of international cooperation (such as international public-private partnerships or the G7).

The first part of the module gives a background to the historical and theoretical foundations of the study of international institutions in international law. Based on theories of international law and international relations, the module critically reviews the reasons for the rise of intergovernmental organizations and other forms of institutional cooperation in the 20th century. The second part examines international institutions from an internal perspective, characterizing them as legal orders and fora for states. This part focuses on the internal structures of international institutions, their powers of decision-making and their role in treaty-making. The third part considers international institutions from an external perspective, namely as autonomous actors in international law. This part treats topics such as legal personality in international law and domestic law, privileges and immunities and questions of accountability and responsibility for their internationally wrongful acts. The aim of the module is to give students a critical understanding of the theory and practice of international institutions as drivers of legal, political and social change at different governance levels (global, regional, national). After introducing the main theoretical debates in scholarship, the lecturer – who has significant practice experience in different international institutions – will illustrate how these debates are reflected in practice. For that purpose, the module will use case studies of different international institutions. Based on assigned readings, students will be encouraged to discuss solutions to both theoretical and practical challenges in international institutional law. The module will be assesses 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. An indicative list of topics includes:

• Part I: Introduction to the Study of International Institutions 1. Background and Purpose of International Institutions 2. Theoretical Approaches to International Institutions
• Part II: Internal Perspectives on International Institutions 3. Institutional Structures of and Representation in International Institutions 4. Powers of and Decision-Making by International Institutions 5. International Institutions and Multilateral Negotiations
• Part III: External Perspectives on International Institutions 6. Life and Death of an International Institution 7. Accountability and Responsibility of International Institutions 8. Immunities and Privileges of International Institutions.

Learning Outcomes

On successful completion of this module students should be able to:

• To develop a critical understanding of the concept of ‘international institution’ and the relevant international law and international relations theories;
• To identify and analyse problems in international institutional law and to develop practical solutions based on relevant concepts and theoretical approaches;
• To evaluate whether and how international institutions contribute to addressing domestic, regional and global challenges;
• To critically assess the relevant case law by international, regional and domestic courts and tribunals;
• To proficiently and effectively use the terminology of international institutional law and relations in oral and written communication.

Assessment

• 5,000 word essay (inc. footnotes) – 75%
• Simulated in-person activity/practice exercise – 20%
• Class attendance – 5%

Legal Issues in Sustainable Finance

Lecturer: Dr Felix Mezzanotte

This module is available on the following programmes in 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:

Mergers and Acquisitions

Lecturer: Dr. Alexandros L. Seretakis

This module is available on the following programmes in Semester 1:

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:

Assessment

National Security Law

Lecturer: Dr Eoin O’Connor

This module is available on the following programmes in 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:

Learning Outcomes:

On successful completion of this module, students should be able to:

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

Lecturer: Mr Naoise Gaffney

This module is available on the following programmes in 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%
• Group presentation / class participation - 20%

Privacy Law and Theory: Transatlantic Perspectives

Lecturer: Dr Roisín Costello

This module is available on the following programmes in Semester 2:

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.

At the end of the module, students will complete an independent research essay, on a topic approved by the lecturers, that explores in detail a topic covered in the module.

The topics of the seminars will include: 1. Classical conceptions of private spaces and private life 2. Privacy of the home in common law thought 3. Privacy and property: a patriarchal rights jurisprudence? 4. Constitutionalising Privacy in the Eighteenth Century 5. Privacy as a personality based right in the Nineteenth Century 6. The Great Schism: Private and Public law conceptions of privacy 7. Privacy as a Human Right in the Twentieth Century 8. Privacy as Control and the Emergence of Data Protection 9. Interrogating the Content of Modern Privacy Law 10. Relational Theories of Privacy: Trust, Communication and Relationships 11. 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) – 95%
• Class attendance - 5%

Regulation of Alternative Investment Funds

Lecturer: Dr Alexandros Seretakis

This module is available on the following programmes in Semester 2:

*Priority will be given to students registered for the LL.M (International and European Business Law) and MSc Law and Finance students.. Any available places will be offered to students on the LLM (General) programme in September 2023.

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:

Assessment:

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

Lecturer: TBC

This module is available on the following programmes in 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 regulating AI tools and systems are feasible, appropriate and achieve stated objectives. The proposed 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, including interacting with AI tools and systems, and 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 proposed 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

Regulation of Cyberspeech

Lecturer: Dr Ewa Komorek

This module is available on the following programmes in Semester 1:

*Priority will be given to students registered for the LL.M (Intellectual Property and Information Technology Law) and LL.M (International and Comparative Law) degree programmes. Any available places will be offered to students on other LLM programmes in September 2023 .

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.

Learning Outcomes:

On successful completion of this module, students should be able to:

Assessment:

LL.M Dissertation

(LA7047) 30 ECTS

The research dissertation is mandatory on the following programmes All year:

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 with a number of thematic groups, each led by an academic with a research interest in that broad area. Students will be able to choose a group based on the research dissertation that they wish to pursue, indicating a number of preferences. They will be assigned into groups on a first-come, first-served basis. The dissertation groups, including all students and the academic leader, will meet, in-person or virtually, on three occasions during the first semester and three occasions during the second semester. All students will be provided with a general introductory lecture at the beginning of each of the two semesters. 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 make presentations of their work 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 for one individual meeting with the academic leader during May to review progress on the dissertation.

The word limit for the dissertation is 15,000 words, including footnotes, and must be submitted by 28 June 2024.

Module Learning Outcomes:

On successful completion of this module students should be able to:

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, a student should be capable of carrying out independent research and writing and working in a timely fashion in order to meet the deadline for submission of the dissertation.