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LLM Courses

International Law (LLM)

Course Descriptions

Foundations of International Law 
Course code: LAW5026
Course Co-ordinator: Professor Christian Tams

‘(Public) international law’ is that branch of the law which governs the everyday life of the international society. It supplies the normative framework for the international political process and various rules and institutions for regulating different aspects of international relations. In this context, it deals mainly (but not exclusively) with the conduct of sovereign nation-states with one another and their relations with international intergovernmental organisations, peoples, individuals, multinational corporations and other international actors. It is often violated and – every now and then proclaimed – dead. But it tends to survive.

The aim of the present course is to introduce students to the structures and limits of international law in international relations. We will revisit core themes of international law (such as ‘sources’, ‘state responsibility’, ‘enforcement’), but will do so from the perspective of law-appliers seeking to understand whether/how international law affects the international legal process. Our illustrations will be drawn from special areas such as the law of the sea, human rights law, or dispute resolution. However, no prior knowledge of these areas is expected, and the focus of our debates will be on general international law.

The basic assumption underlying the course is that international law in its ever-increasing diversity can only be properly understood by those with a solid background in general international law. This course is intended to provide students new to the discipline with such a background. Those already familiar with issues of international law will be given an opportunity to deepen their understanding and to reflect critically on the foundations of the international legal system.

Recommended Reading –

  • Vaughan Lowe, International Law (Clarendon Series, Oxford 2007) Chapter 1

Globalisation and Governance
Course code: LAW5029
Course Co-ordinator: Dr Gavin Anderson

What is the role of law and legal institutions in processes of globalisation? Specifically, what part do idea and practices of constitutionalism and human rights play in the global setting? This course considers these and other questions through a set of critical engagements with the economic, political and legal aspects associated with the (contested) meanings of global governance and accountability, democracy and human rights. It uses a range of empirical and conceptual material in analysing the main thematic questions, and through a series of case studies tries to understand some of the most pressing issues facing contemporary societies. The course should be of interest to students in many areas of LLM study. The course will be assessed by one essay and one exam. There will be no set textbook for this course; readings will be drawn from a variety of legal and other related literature.

Recommended Reading –

International and European Human Rights Law
Course code: LAW5035
Course Co-ordinators: Professor Jim Murdoch and Dr James Sloan

The course is designed to provide students with a detailed knowledge of the international and European human rights regimes. It focuses on the distinct but overlapping systems in place at the international level (under the auspices of the United Nations) and at the European level. The course will begin by setting out the various means by which human rights have been guaranteed and the mechanisms by which state compliance is ensured. The course will consider several important human rights guarantees from an International Law well as a European Law vantage point. The course also focuses on the domestic enforcement of the international standards.

Recommended Reading –

  • Rhona Smith, International Human Rights (OUP; 4th edn. 2010)

International Criminal Law
Course code: LAW5039
Course Co-ordinators: Dr James Sloan

This course examines a topical and rapidly developing area of International Law, namely the criminal responsibility of individuals under International Law, and the mechanisms provided by International Law for the enforcement of these offences and the prosecution of those accused. More specifically, it considers the core crimes -genocide, crimes against humanity, war crimes and aggression- the general principles of liability, superior/command responsibility, defences, immunities as well as the relationship between the Security Council and the International Criminal Court in the prosecution of international crimes. The above issues are considered through case-law from the ICC or other tribunals such as the International Criminal Tribunals for the former Yugoslavia and Rwanda. Alterative modes of attributing justice such as Truth Commissions are also considered.

Recommended Reading –

  • Cryer et als, Introduction to International Criminal Law and Procedure (CUP, 2010)

International Economic Law
Course code: LAW5040
Course Co-ordinator: Dr Akbar Rasulov

This course examines the role of International Law in the formation of the contemporary international economic order, with a particular emphasis on the law of the World Trade Organization (WTO). Its aim is to provide the students with a general introduction to the main legal components of the existing international trade order and to acquaint them with the relevant legal regimes, doctrines, and institutional arrangements. Seen in this context, our main concern in this course will be to develop a general understanding of the contemporary world trade system, its basic structure and principles, as well as its function and role in the constitution of the broader regime of international economic governance. The main target audience for this course is the students of International Law. You will not need any previous background in economics. Some of the themes that will be covered in the course include: (i) the rules and principles governing the discharge of international obligations concerning market access; (ii) the evolution of the national treatment regime; (iii) unfair trade practices; and (iv) WTO dispute settlement system.

Recommended Reading –

  • Peter Van den Bossche, The Law and Policy of the World Trade Organization: Texts, Cases and Materials (2nd edn. 2008)
  • Thomas Cottier, “From Progressive Liberalization to Progressive Regulation in WTO Law” (2006) 9 Journal of International Economic Law 779
  • www.worldtradelaw.net

International Investment Law
Course code: LAW5044
Course Co-ordinator: Professor Christian Tams

International Investment Law regulates relations between foreign investors and the states hosting their investments. It is of immense practical and theoretical importance, as evidenced by the growth of foreign direct and portfolio investment over the last decade, the rapid proliferation of international investment agreements and investment arbitration, and the emergence of a specialised literature on Investment Law. In fact, International Investment Law is quite rightly seen as the most dynamic branch of contemporary International Law.

The course is designed to provide a sound understanding of this dynamic branch of International Law and to enable students to advise on investment-related disputes. It addresses substantive principles and standards of investment protection (such as the legal rules governing expropriations; most-favoured-nation treatment; and fair and equitable treatment) as well as frameworks for the settlement of investment disputes (notably investment proceedings brought under the ICSID Convention). Its final part looks at the most pressing challenges facing contemporary Investment Law – notably problems of conflicting awards; the relationship between investment protection, human rights and environmental standards; and the perception that the system is biased in favour of investors.

Recommended Reading –

International Law and International Security
Course code: LAW5130
Course Co-ordinator: Professor Robin Geiss

This course deals with the international legal framework that applies to international security issues. Just as the notion of international security, it cuts across common disciplinary boundaries, bringing together questions of United Nations law, human rights and international humanitarian law, as well as counter-terrorism law, the law of the sea and international energy law.  None of these areas of law will be covered in depth; instead, the focus throughout is on their relevant security-related aspects.

As much of international law aims at safeguarding some form of security, the course begins with an examination of legal approaches to ‘international security’. Part 2 addresses what might be referred to as ‘core aspects’ of international security, namely the international regime regulating recourse to military force as set out in the United Nations (UN) Charter. In this context, it will deal in particular with the use of force for humanitarian ends, pre-emptive and preventive self-defence and the use of force to suppress terrorism.

Part 3 focuses on international humanitarian law, especially its material and geographical scope of application, fundamental humanitarian law principles pertaining to the conduct of hostilities and the challenges that are posed by new military technologies such as drones and increasingly autonomous weapon systems.

Part 4 examines the extraterritorial application of human rights law in transnational law enforcement operations and the relationship between human rights law and international humanitarian law.

Part 5 traces the evolution of sectorial security regimes in fields as diverse as energy security, maritime security, cyber-security, counter-terrorism, arms and drugs trafficking, disaster response law etc. Throughout the course particular attention will be devoted to contemporary security issues and challenges to the international legal order.

Recommended Reading –

  • Dinstein, War, Aggression and Self-Defence (CUP, 2011)
  • Dinstein, The Conduct of Hostilities under the law of International Armed Conflict (CUP, 2010)

International Tax Law
Course code: LAW5150
Course Co-ordinator: Professor Iain MacNeil and Ms Eileen Beaton

This course will consider the mechanisms in place to address the tax issues which arise from cross border commercial activity conducted by individuals and corporate bodies. In particular students will examine the approach endorsed by the OECD, UN and EU and the methods and attitudes adopted by governments/tax authorities and corporate bodies who are confronted with these issues. Particular attention will be paid to implementation of international standards in Model Tax Treaties, Double Tax Treaties, commentary and associated information as well as to legislation giving domestic effect to those standards in the UK and elsewhere.

Recommended Reading –

The Settlement of International Disputes
Course code: LAW5066
Course Co-ordinator: Professor Christian Tams

International Law obliges states to settle their disputes peacefully. It does not however prescribe one particular mechanism of dispute resolution. This course introduces the main techniques allowing for the peaceful settlement of disputes. It addresses non-binding techniques such as negotiation, mediation, conciliation, etc., but mainly focuses on the binding settlement of disputes before international courts and tribunals. It covers inter-State disputes (e.g. before the International Court of Justice, arbitral tribunals or WTO dispute settlement organs) as well as mixed disputes between States and non-State entities (e.g. investor-State disputes or human rights claims).

Given the focus on disputes, the course will look at International Law “in action” and with a clear focus on actual disputes practice, thus seeking to disprove the common assertion that International Law had little or no practical relevance. However, the course is intended to be more than a survey of judicial/arbitral decisions and will inevitably cover broader debates about the role of courts and tribunals in the international system or the risks of fragmentation brought about by the co-existence of different dispute settlement mechanisms.

Recommended Reading –

United Nations Law 
Course code: LAW5068
Course Co-ordinators: Professor Robin Geiss

So much of what is currently relevant in International Law stems from the activities of the United Nations. This means that it is essential for a student who wants to progress beyond basic International Law principles to gain a broader and deeper understanding of the functioning of the Organisation and the legal and political factors that surround it.

The course will initially focus on the establishment of the organisation, its legal status and the functioning of its main organs, including the Security Council, the General Assembly, the Secretary-General and the International Court of Justice - all major players in current International Law. Once the functioning of the United Nations has been elaborated, the second part of the course will be devoted to the UN’s efforts to maintain peace and security. The third part of the course will consider the functioning of the UN through reliance on case studies.

The purpose of this course is to enable participants to acquire a comprehensive overview of the functioning of the United Nations. The activities of the organisation will be considered in the context of the development of international organisations in the 20th century. The political processes associated with the functioning of the UN will also be focused upon. Additionally, students will examine how successful the UN system has been in coping with a growing array of global problems and what its potential is for the future.

Recommended Reading –

  • Chesterman, Franck and Malone, The Law and Practice of the UN (OUP 2008)