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MODULES 20002001

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MODULES 20002001 ...

KENT LAW SCHOOL

    POSTGRADUATE

    MODULES

    2006/2007

    POSTGRADUATE MODULES 2006/2007

    Module Code Module Title Page

    LW801 Intellectual Property Law ………………………………………….. 4 LW802 International Business Transactions I ……………………………... 5 LW804 Principles of Corporation Tax …………………………………….. 6 LW805 Issues on Corporation Tax ………………………………………… 7 LW807 European Comparative Law ………………………………………. 8 LW810 International Development Law …………………………………... 9 LW811 International Commercial Arbitration …………………………….. 10 LW813 Contemporary Topics in Intellectual Property ……………………. 11 LW814 Public International Law ………………………………………….. 12 LW815 Constitutional Law of the European Union ………………………. 13 LW816 Information Technology Law ……………………………………... 14 LW824 International Business Transactions II …………………………….. 5 LW826 Competition Law of the European Union …………………………. 15 LW827 Banking Law I ………………………….………………………….. 16 LW832 The Free Movement of Persons in the European Union …………... 17 LW836 European Contract Law ……………………………………………. 18 LW837 Conservation and Natural Resources Law …………………………. 19 LW838 Land Development Law ……………………………………………. 20 LW839 Environmental Quality Law ………………………………………... 21 LW841 International Trade Law and the Environment …………………….. 22 LW843 The International Protection of Human Rights …………………….. 23 LW844 Legal Aspects of Contemporary International Problems …………... 24 LW846 International Criminal Law ………………………………………… 25 LW847 World Trade Organisation Law and Practice I ……………………... 26 LW848 World Trade Organisation Law and Practice II …………………….. 27 LW852 EC Environmental Law and Policy …………………………………. 28 LW858 The Law of the Single Market ………………………………………. 29

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    LW862 Death and Dying ……………………………………………………. 30 LW863 Consent to Treatment ……………………………………………….. 31 LW864 The Foundations of the English Legal System ……………………… 32 LW865 Issues in Medical Law ………………………………………………. 33 LW866 Medical Practice and Malpractice …………………………………... 34 LW867 Reproduction and the Beginning of Life ……………………………. 35 LW899 Corporate Governance ……………………………………………….. 36 LW900 International Migration Law …………………………………………. 37 LW8* Laws of the Maritime, Air and Outer Spaces ………………………. 38

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    INTELLECTUAL PROPERTY LAW

Module Convenor: Mr Alan Story

Module Code: LW801 Autumn Term

Intellectual Property Law I is the basic intellectual property module that will be taught on the

    LLM programme at the Kent Law School in 2006-2007.

In this module we start by looking at the phenomenon called “intellectual property”, its basic

    characteristics and why, in recent decades, it is growing in both economic and political

    importance, domestically and globally. We then examine the basic doctrine of copyright law, the

    requirements for copyright protection, infringement, and some of the leading copyright

    controversies, such as the term/duration of copyright and online music (eg, the post-Napster

    saga). Patents, the other leading type of intellectual property, is the third major topic; here we

    look in-depth at the requirements for patentability, exclusions from patentability, patent licensing,

    and contemporary patent issues (eg, biopiracy, parenting drugs (such as anti-HIV retrovirals),

    patenting software.). Throughout the module, both “black letter” and critical perspectives are explored.

No prior knowledge or study of intellectual property is required.

Note: Unlike most other LLM modules, 20 per cent of the mark in this module is determined by

    your preparation for and participation in this module. The remaining 80 per cent of your grade is

    derived from the one essay required for this module.

General Reading

Lionel Bentley & Brad Sherman, Intellectual Property Law (Oxford, latest edition)

    Jennifer Davis, Intellectual Property Law (Butterworths, latest edition) Blackstone’s Statutes on Intellectual Property (latest edition)

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    INTERNATIONAL BUSINESS TRANSACTIONS I

Module Convenor: Dr Gbenga Oduntan

Module Code: LW802 Autumn Term

     LW824 Spring Term

The two modules, taught over two terms, will examine the legal problems that arise in

    commercial transactions between businesses established in different States, specifically from the

    „transnational‟ nature of such transactions, and some of the legal solutions characteristically

    adopted by legal systems with emphasis on International, English or the US system or, where

    appropriate, legal rules and materials of other jurisdictions by way of illustration. The modules

    will also cover the unique features of transnational business transactions involving certain

    developing states and China.

Topics Covered

Sources of Transnational Commercial Law and the interactions of Lex Mercatoria with public

    international law, International Conventions, Model Uniform Law, UNCITRAL, Reception and

    Approximation in National Law, Conflicts of Law, International Commercial Customs and

    Practice, The Role of International Chamber of Commerce; Public Regulatory Background to

    Private Transaction (GATT & WTO) with special emphasis on the conflict between international

    trade and environmental legislation as well as the conflict between the so called developed and

    developing states; International Sales of Goods, The Vienna Convention 1980, UNIDROIT

    Principles; Standard Trade Terms especially INCOTERMS; Commercial Paper and Finance of

    International Sales, Documents of Title, Bills of Landing, Mates‟ Receipts, Consignment Notes,

    Paperless Documents and EDI, UNCITRAL Model Law on Electronic Commerce, comparative

    analysis of electronic commerce and electronic signature regimes, Negotiable Instruments,

    Payment Collection Arrangements, Letters of Credit, Performance Bonds and Guarantees,

    Export Credit Guarantees; Licensing and Franchising; Dispute Resolution with special emphasis

    on the resolution of disputes involving parties across the developed and developing states divide.

Core Reading

H Van Houtte, Law of International Trade thC Schmitthoff, Export Trade (10 edition 2000)

    Ray August, International Business La: Texts, Cases and Readings Fourth Edition (Jew Jersey:

    Pearson Prentice, Hall, 2004)

    I Carr & R Kidner, Statutes and Conventions on International Trade Law

    J Jackson, The World Trading System (MIT Press, 1997)

Further Reading

Deborah Z Cass, China and the World Trading System: Entering the New Millennium (CUP,

    2003)

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    PRINCIPLES OF CORPORATION TAX

Module Convenor: Mr Graeme Macdonald

    Module Code: LW804 Autumn Term

    This module does not assume any prior knowledge of UK taxation. Students will be introduced to the UK tax system in general and its legal structure in particular, and will consider a framework for the analysis of any tax system. There will be a VAT case study which will reflect the way English statute law is interpreted, and the development of that interpretation through the courts in contrast to the European approach of the interpretation of tax rules. The UK

    Corporation Tax is based on the legislation for the taxation of personal income and gains so students will also gain some insight into the personal tax system. As well as studying the law of corporation tax, students will consider alternative corporate tax systems and will analyse these and the existing system in the context of their economic effects, notably on saving and investment, capital structures and distribution policy.

General Reading

Kay and King, The British Tax System (OUP)

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    ISSUES ON CORPORATION TAX

Module Convenor: Mr Graeme Macdonald

    Module Code: LW805 Spring Term

    This module builds on Principles of Corporation Tax, which is a pre-requisite for Issues on Corporation Tax.

    The module will concentrate, in particular, on the issues that arise in the context of taxing groups of companies including gains on inter-company transactions and loss reliefs. In depth

    consideration will then be given to the nature of anti-avoidance legislation and the developing approach of the courts in tax avoidance cases, with attention being given to corporate cases. Direct taxation is not formally subject to EU harmonisation, and the ECJ has been active in effectively controlling national corporate tax systems, particularly in the context of groups. This development will also be studied.

General Reading

Kay and King, The British Tax System (OUP)

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    EUROPEAN COMPARATIVE LAW

Module Convenor: Professor Geoffrey Samuel

Module Code: LW807 Autumn Term

This module on comparative law is designed to act both as a foundational introduction for those

    studying the joint French law/English law Transmanche LLM programme and as a first module,

    for all the LLM programmes, on the general theory of comparative law in Europe (the second

    module is LW829). Accordingly the topics to be examined will be those that are of particular

    relevance to postgraduates studying the French and common law systems, but they will equally

    transcend the specifics of these two traditions to encompass themes and debates that are of

    general importance to European legal theory and to practical comparative law. Thus topics such

    as comparative methodology, European legal concepts and institutions, legal reasoning and

    methods, legal taxonomy and the relationship between fact and law, problems of harmonisation

    and the idea of legal mentalities will be core focal points. If there is one overall European and

    comparative theme it is epistemological: what is it to have knowledge of „law‟ and „comparative

    legal studies‟ in Europe? However such a theme will be examined as much from the viewpoint

    of the European practitioner as the academic theorist. It will, in other words, be a useful module

    for those studying European Union law and/or international business law modules.

General Reading (*Transmanche students)

J Bell, French Legal Cultures (Butterworths, 2001)

    *D Fairgrieve & Muir H Watt, Common Law et tradition civiliste (PUF, Les Notes, 2006) M Lasser, Judicial (Self-)Portraits: Judicial Discourse in the French Legal System (1995) 104

    Yale Law Journal 1235 nd*P Legrand, Le droit comparé (PUF, 2 ed, 2006) (Que sais-je? Nº 3478)

    P Legrand, How to Compare Now (1996) 16 Legal Studies 232 G Samuel, Comparative Law as a Core Subject (2001) 21 Legal Studies 444 G Samuel, Comparative Law and Jurisprudence (1998) 47 International & Comparative Law

    Quarterly 817

    A Watson, The Importance of “Nutshells” (1994) 42 American Journal of Comparative Law 1 rdK Zweigert, & H Kötz, An Introduction to Comparative Law (Oxford, 3 ed, 1998; trans T

    Weir)

Further reading and reference

P Legrand, & R Munday (eds), Comparative Legal Studies: Traditions and Transitions

    (Cambridge UP, 2003)

    A Riles (ed), Rethinking the Masters of Comparative Law (Hart, 2001) ndG Samuel, Sourcebook on Obligations & Legal Remedies (Cavendish, 2 ed, 2000) M Van Hoecke (ed), Epistemology and Method of Comparative Law (Hart, 2004

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    INTERNATIONAL DEVELOPMENT LAW

Module Convenor: Ms Donatella Alessandrini

Module Code: LW810 Autumn Term

The aim of the module is to provide a thorough understanding of the theoretical and practical

    implications of different legal and policy issues relating to foreign investment for economic

    development of the host state. These will be analytically and critically examined not only in the

    light of public international law, but also from the perspectives of private international law,

    public law, private law, EC law and comparative law wherever necessary. The principal task here

    is to examine the scope and contents of this newly emerging branch of public international law,

    ie, international development law in the context of protection of foreign investment. The

    examination will also concern the practical implications of different arguments put forward by

    different jurists to support their respective theoretical standpoints.

General Reading

M Sornarajah, The International Law on Foreign Investment (CUP, 1994)

    F V Garcia-Amador, The Emerging International Law of Development: A New Dimension of International Economic Law (Oceana, 1990)

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    INTERNATIONAL COMMERCIAL ARBITRATION

Module Convenor: Dr Gbenga Oduntan

Module Code: LW811 Spring Term

The aim of the module is to focus on the theoretical, institutional and practical aspects of modern

    international commercial arbitration. This would involve a close examination of the ad hoc

    systems and the main institutional structures (eg, ICC, ICSID, WIPO, Iran-US Claims Tribunal,

    PCA). The course covers current issues and developments relating to jurisdiction and applicable

    procedural and substantive laws, the status and role of arbitration agreements, the conduct of the

    arbitral proceedings, the arbitral award, and challenge, recognition and enforcement of award,

    online arbitration/online dispute resolution (ODR). The English Arbitration Act 1996, and the

    UNCITRAL Rules and the UNCITRAL Model Law will also be examined closely. The course

    will also critically examine the relationship between international arbitration and international

    development law as well as aspects of the international arbitration between sovereign states.

    Comparative study will be made of the emerging arbitration legislation and international arbitral

    practice of certain developing states such as Nigeria, India and China.

General Reading

    A Redfern & M Hunter, Law and Practice of International Commercial Arbitration (student ed, Sweet & Maxwell, 2003) ndM Huleatt-James & N Gould, International Commercial Arbitration (2 ed, LLP, 1999)

Further Reading

     thJ G Merrills, International Dispute Settlement (4 ed, CUP, 2005)

    Francisco Orrego Vicuña, International Dispute Settlement in an Evolving Global Society

    Constitutionalization, Accessibility, Privatization Series: Hersch Lauterpacht Memorial Lectures

    (No. 16) (CUP, 2004)

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