| source London School of Economics (X) |
level |
department |
The course provides an introduction to current issues in the regulation of new media focusing on the Internet, but also examining Wireless Application Protocol and Third Generation Mobile Technology. It focuses on the regulatory structures which control Internet navigation and Content and carries out a comparative socio-legal analysis of those structures and the regulatory regimes in relation to new media. Why Study Cyberlaw Space and Cyberspace A Brief History of the Internet and Cyber-regulatory Theory Societies, Cultures and Cybersociety Regulating Societies: Controlling Individuals A review of Lawrence Lessig's 'modalities of regulation' model of Cyber regulation Architecture - Internet Structure and Regulatory Bodies Market Controls - Allocating bandwidth in 3G telecommunications Social and Cultural Controls - Community Based Regulation Law as Command - Hierarchical Controls Teaching 10 weekly two-hour seminars in a student-led discussion or debate format.
Score: 6.5770254 Details | Listing | Web page
Score: 6.5770254 Details | Listing | Web page
At a time when international law is said to be both pivotal and irrelevant, we investigate the contribution and limits of this body of law as a force in global affairs. This is an advanced course, designed for students wishing to take a step back from what they have learned and develop new modes of understanding and enquiry. Course readings encompass both legal literature and writing by scholars from other disciplines, such as philosophy, history, and anthropology. The course is divided into four parts. In the first part, we explore the character of international law. Among other questions, we ask: what is at stake in debates over whether it is ‘really law’? In the second part, we examine the spaces and subjectivities in and through which international unfolds, such as the state, the non-state and the international community. In the third part, we consider how international law relates to important contemporary problems. Can it help in resolving or alleviating war, poverty, and climate change? Might it also serve to sustain the conditions for these problems’ occurrence? In the fourth and final part of the course, our attention turns to international law viewed as an academic discipline. We take up a number of themes that have preoccupied scholars of international law in recent years, leading eventually to the question of how we are to assess the significance and prospects of international law today.
Score: 6.5770254 Details | Listing | Web page
This course seeks to provide an in-depth understanding of the institutional and legal underpinnings of the European financial economy by examining EC monetary and banking law and the regulatory regime which governs the EC capital markets. It examines the institutional structures and the legal rules which underpin the EC’s monetary system and its integrated banking market. It also considers the harmonized regulatory regime which applies to capital market actors across the Member States and which supports the integrated market. Topics covered include: the integration project; the free movement of capital and current payments; central banking and monetary policy in the European Monetary Union; banks and free movement rules; the harmonized regulatory regime which applies to banks; the institutional structure for banking supervision; retail banking services and consumer protection; the capital markets and the EC; the mechanisms used to integrate the capital market; market access and the investment services passport; the regulation of conduct of business and prudential regulation under the Markets in Financial Instruments Directive 2004; the liberalization of order execution and trading markets; the retail markets; investment products; the prospectus and disclosure regime; and the institutional structure for law-making and supervision. This course is also available in the form of two half-courses: European Monetary and Banking Law LL4G9 (MT) and European Capital Markets Law LL4K9 (LT).
Score: 6.5770254 Details | Listing | Web page
The course is a comprehensive study of the main features of competition law. While the focus is on EC competition law, reference will be made to the laws of other jurisdictions (e.g. the United States and the UK) when these offer relevant points for comparison. The first part of the course is an examination of the economics of competition law, considering the applications and limitations of economic analysis and the role of non-economic considerations. The second part is a review of the major substantive fields: merger control; restrictive practices; distribution agreements; the regulation of monopolies and dominant positions. The third part considers public and private enforcement of competition law. The final section considers international competition law (extraterritoriality; bilateral/multilateral co-operation agreements; incipient WTO competition law; competition policy and development).
Score: 6.5770254 Details | Listing | Web page
This course, which is divided into two parts, is designed to provide an overview of domestic and international arbitration as a means of settling commercial disputes. The first part of the course (MT) examines the fundamentals of international commercial arbitration and conveys the basic knowledge necessary for practice and for engaging with more advanced issues of international arbitration, which are the subject of the second part of this course (LT). Both parts of this course are available in the form of two half-courses: Fundamentals of International Commercial Arbitration (LL4C5) and Advanced Issues of International Commercial Arbitration (LL4C6).
Score: 6.5770254 Details | Listing | Web page
The course provides a detailed examination of the purposes and effects of legal regulation of the employment relationship between employees and other workers on the one hand and on the other hand their employers. Regulation of access to the labour market and the form of the employment relationship: employee status, self-employment. The Content of the employment relationship: express and implied terms in the employment contract. Regulation of pay and working time: deductions from pay, sick pay, guarantee pay, rights to pay on employer’s insolvency; national minimum wage;,, equal pay, time off rights; working time regulations. Discrimination and equality of opportunity: the employment provisions in the law on discrimination on grounds of sex, race, disability, sexual orientation, religion or belief, and age. Civil liberties in the workplace. Discipline and termination of employment: wrongful dismissal; unfair dismissal. Business reorganisation, insolvency and employment rights, and economic dismissals. Civil liberties in the workplace. The approach involves theoretical perspectives, economic analysis, comparative law of employment, and examination of relevant European Community law.
Score: 6.5770254 Details | Listing | Web page
This course will focus on the role of boards of directors in large public companies and groups of companies. It will deal with the legal regulation of agency problems arising between the board and shareholders as a class; between the board/majority shareholders and minority shareholders; and between the board and other stakeholder groups, notably creditors and employees. Although the main focus will be on board and shareholder relationships, the aim of the course is to develop and apply a framework of analysis which illuminates relations between the board and all stakeholder groups. The course will not be systematically comparative but will have a large comparative element.
Score: 6.5770254 Details | Listing | Web page
This course consists of two half courses, The Law of Corporate Finance A (LL4G8) and The Law of Corporate Finance B (LL4K8). The Law of Corporate Finance A (LL4G8) examines the private law rules governing how companies raise finance. The issues covered include e.g. capital structures, identifying and protecting shareholder rights, issuing shares, initial legal capital and alternatives, dividends, reduction of capital and share buy-backs, reform and moving to a solvency test and financial assistance. The course will focus on English law, but will also look at other legal systems in particular at German law. The Law of Corporate Finance B (LL4K8) examines the legal issues arising out of the operation of the capital markets as intermediaries between investors and issuers; it focuses on the regulation of capital-raising through the markets. The topics covered include: disclosure theory; the role of trading markets in finance-raising and their regulation; prospectus disclosure; ongoing disclosure; market abuse; the debt markets and regulation; and the internationalization of capital-raising and harmonization. The course will focus on English law but reference will be made to the relevant EU rules.
Score: 6.5770254 Details | Listing | Web page
This course focuses primarily on registered companies and is concerned with the principles and policies underlying the legal treatment of corporate insolvency and corporate rescue. The course considers how the nature of the problems raised by insolvency varies and is dependent on the legal identity of the insolvent (for example, whether the insolvent is a company with limited liability or an individual running a business) and the course examines the legal responses to these problems. The formal legal procedures available for dealing with companies in distress are analysed as are informal approaches to corporate failure. The impact of these procedures and approaches on third parties, for example directors and employees, is also considered. Part I – Role, Objectives and Characteristics of Insolvency Law 1. Introduction: Aims and Objectives 2. Outline of procedures 3. The legal identity of the enterprise, the significance of limited liability and the problem of corporate groups 4. Causes of corporate failure. Who goes bankrupt? Part II – Averting Liquidation and Bankruptcy 5. Rescue Procedures: informal rescues 6. Rescue Procedures: formal corporate rescue procedures 7. Business rescues – comparative approaches: USA, Chapter 11 Part III – Liquidation 8. Control of Procedures 9. Setting Aside Transactions 10. The Pari Passu Principle and Preferential Claims 11. Secured Creditors and Security Devices Part IV – Administration of Insolvency Regimes 12. Insolvency Practitioners and the Insolvency Service Part V – Repercussions of Insolvency on Individuals 13. Company directors 14. Employees
Score: 6.5770254 Details | Listing | Web page
The purpose of this course is to acquaint students with the central issues faced by law and accounting in relation to problems of corporate accountability and regulation. It is interdisciplinary in focus, and provides students from varying backgrounds with new perspectives and leads to in-depth study by way of a Long Essay. Topics may include: • Overview of functions of accountants and lawyers in corporate governance and the relation between them • Models of the corporate form: corporate groups • Regulatory institutions and techniques: statutes, markets, financial reporting • The interrelated functions and the rights and duties of directors and auditors • Company law and stakeholders: shareholders, creditors, employees and the 'public interest' • Audit committees, internal controls; the audit process and auditor liability. Form, substance and the 'true and fair view' in financial reporting • Accounting standards and company law; capital maintenance; executive remuneration; accounting standards and tax law • Accounting for, and regulating, networks, SMEs and micro companies. Stakeholder reporting and environmental audit • Regulating the professions Other issues in accounting and the law may be substituted/added.
Score: 6.5770254 Details | Listing | Web page
Several distinguished academics from both the LSE and beyond join forces to offer their own critical assessment of the opposition between the Anglo-American common law and the continental laws of Western Europe, as the privileged subject of comparative law. Does that opposition make sense today? What are the politics that underlie that opposition? What does that opposition tell us of the nature of comparative law? And, anyway, has comparative law any longer a future that is worth imagining? Each teacher in his or her seminars will tackle those questions in different ways and through different case studies, each time looking at comparative law either from within, or from without its familiar domains. Accordingly, students will be exposed to a range of diverse approaches and sources (including the non-written and the non-legal), and should expect to engage in a free but decidedly irreverent examination of some of the most fundamental and influential premises on which much comparative law is generally understood and practiced.
Score: 6.5770254 Details | Listing | Web page
Litigation resulting from international business transactions. The following topics will be studied from the point of view of English, Commonwealth, American and (where relevant) European Community law: 1. Judicial jurisdiction in cases involving international business transactions, especially a. Jurisdiction over companies and individuals; b. Product liability actions, defamation, intellectual property and multinationals in the Third World; c. Branches and agents; d. Constitutional limitations on jurisdiction in the United States; e. Forum-selection clauses; f. Forum non conveniens and anti-suit injunctions; g. Lis alibi pendens. 2. Obtaining evidence in transnational business litigation: extraterritorial application of the forum’s own discovery rules, international judicial assistance, blocking statutes and injunctions. 3. Provisional remedies and procedural problems in transnational business litigation: freezing injunctions (Mareva injunctions), search orders (Anton Piller orders) and equivalent remedies. 4. Recognition and enforcement of foreign judgments in commercial matters. Extensive case materials are provided by the School for sale to students. These should be read before each seminar. Students will not be admitted to the course unless they purchase the materials.
Score: 6.5770254 Details | Listing | Web page
Legal problems (other than litigation) relating to international business transactions. The following topics will be studied from the point of view of English, Commonwealth, American and (where relevant) European Community Law: 1. Theories of choice of law in Europe and the US. 2. Proof and application of foreign law. 3. Torts: applicable law. 4. Contracts: applicable law. 5. The international reach of legislation for the regulation of business and the protection of consumers and employees. 6. The private international law aspects of boycotts and embargoes. 7. The application of international conventions to international business transactions. 8. Exchange controls. 9. Financing international business transactions: documentary credits and other financial mechanisms. 10. Currency problems in international contracts. 11. The international aspects of property transactions. 12. The recognition of foreign expropriations and other governmental acts affecting property (including financial assets). 13. The problem of extraterritoriality with special reference to American antitrust law and EC competition law Extensive case materials are provided by the School for sale to students. These should be read before each seminar. Students will not be admitted to the course unless they purchase the materials.
Score: 6.5770254 Details | Listing | Web page
This course examines the role of constitutions and the nature of constitutional discourse. It considers the ways in which theorists have advanced understanding of constitutions and devised solutions to a range of constitutional questions. The course deals with the following topics: the scope of constitutional theory; the constitution of government; constitutional politics; representation; sovereignty; constituent power; constitutional rights; the rule of law; liberalism and republicanism; constitutional adjudication; cultural pluralism; theories of federalism; the cosmopolitan polity.
Score: 6.5770254 Details | Listing | Web page
The course is about the practice, theory and doctrine of international criminal law. It assumes a basic knowledge of principles of public international law, especially those relating to state responsibility, jurisdiction, and the relationship between international and domestic legal systems. The focus of the course is the area of international criminal law concerned with traditional “war crimes” and, in particular, the four core crimes set out in the Rome Statute (war crimes, crimes against humanity, genocide and aggression). It adopts a historical, theoretical and practical focus throughout. The course is mainly directed at the conceptual problems associated with the prosecution of war criminals and, more broadly, legalised retribution. There is relatively little focus on the procedural or technical issues associated with prosecution (e.g. in The Hague) though these matters may be taken up by qualified experts in tutorial. Michaelmas Term : Introduction and Concepts; the Origins of International Criminal Law (Nuremberg and Tokyo); Transitional Justice; Municipal Trials; Public and Private Responsibility; War Crimes; Crimes Against Humanity; Genocide; Terrorism; Torture. Lent Term: Immunities; Defences; Ad hoc Tribunals; The International Criminal Court; Hybrid Tribunals;Hybrid Tribunals; Law, War and Crime I (Simpson); Jurisdiction (Simpson); Agression (Simpson); Piracy (Simpson); Law, War and Crime II (Simpson).
Score: 6.5770254 Details | Listing | Web page
The course aims to give students an essential grounding in theories of regulation encountered in the public policy/administration/legal literature. It examines competing explanations of the origins, development and reform of regulation; the styles and processes of regulation; issues surrounding enforcement; the inter-organisational and international aspects of regulation; and questions of evaluation and accountability. Surveying the Scene: Lenses for viewing regulation; paradoxes and unintended effects; regulation and institutional design. Contrasting Perspectives on Regulatory Incidence: Regulation as functional response; public choice approaches; new institutional accounts; cultural theory. Regulatory Styles and Processes: Classical Regulation; economic alternatives. Regulatory Standard-Setting: Regulatory standard-setting; economics and optimal standard-setting; risk regulation. Regulatory Enforcement: Compliance and deterrence; public and private enforcement; self-regulation. Regulatory Regime Dynamics: The regulatory state; discretion, rules, proceduralization and juridification; regulatory reform; ideas, prophets and entrepreneurs. Evaluating Regulation: What is good regulation?; accountability and regulation; CBA, compliance cost and regulatory review; regulatory competition; whither regulation? Teaching The course is taught by 22, two-hour sessions in variable format (some lecture-discussions, student-paper led discussions, debates).
Score: 6.5770254 Details | Listing | Web page
The aim of the course is to study in detail those aspects of public international law which are concerned with international economic relations. We will concentrate primarily on the principles, norms and policies of international trade governed by the World Trade Organization, and may also cover some aspects of international monetary relations within the IMF, and international development assistance applied by the World Bank. The course topics may include: Historical background of the international economic order Theoretical approaches to international political economy International monetary relations and sovereign debt Bilateral investment treaty law and arbitration; NAFTA investment law WTO decision-making and dispute settlement; GATT/WTO basic principles: MFN, national treatment, tariffs, quotas and exceptions Specific WTO agreements on: Trade in Services; Trade-Related Intellectual Property Rights; Technical Barriers to Trade; Sanitary and Phytosanitary Measures; Subsidies and Countermeasures; Anti-Dumping Relationship between the WTO and Regional Integration Trade and Public Health/ Environment / Human Rights / Development Teaching There is a two-hour seminar each week, sessional.
Score: 6.5770254 Details | Listing | Web page
The aim of this course is to develop an understanding of the principles of international law which regulate the use of force in international society. The course examines both the law relating to when it is permissible to use force (The Jus ad bellum) and the law governing the conduct of hostilities once the decision to resort to force has been taken (The Law of Armed Conflict or International Humanitarian Law) The first half of the course is devoted to the law on resort to force. It concentrates on the prohibition of resort to force in Article 2(4) of the United Nations Charter and the exceptions to that prohibition. This part of the course looks in detail at the right of self-defence, humanitarian intervention, intervention to promote democracy, self-determination and to protect nationals, reprisals and intervention in civil war. The use of force by or with the authorization of the United Nations is also considered. The second half of the course is concerned with the legal regulation of the conduct of hostilities and examines the concepts of war and armed conflict, the right to participate in hostilities, the law of weaponry (including nuclear and chemical weapons), the protection of civilians, belligerent occupation, the law of naval warfare and the enforcement of the laws of war (including the activities of the Yugoslav and Rwanda international tribunals).
Score: 6.5770254 Details | Listing | Web page
This course is concerned with the international protection of human rights and its relation to a range of contemporary global problems involving deprivation, violence and exclusion. A recurring question will be: in what ways does the international protection of human rights help in alleviating these problems, and in what ways does it instead serve to sustain the conditions for their occurrence? Through the consideration of topical thematic issues, students will learn about, and critically analyse, human rights concepts, norms, institutions and actors. We begin with a review of the key institutions and instruments which define the international human rights regime, along with some fundamental questions to do with the legal protection of human rights. The course is then composed of three sections. The first is concerned with human rights and deprivation. Here we relate human rights to such issues as globalisation, poverty and climate change. The second section addresses human rights and violence. Here we consider the bearing of human rights for counter-terrorism, arms control and war. The final section of the course focuses attention on actors and agency. Here we explore how human rights affect personal identity, group claims and corporate activity, and also study the social movement that has taken shape around the law and practice of human rights. At the end of the course students are invited to take stock of the contribution, limits and further possibilities of the international human rights regime as a force for emancipatory change.
Score: 6.5770254 Details | Listing | Web page
An introduction to a gender based analysis of the mainstream normative and institutional frameworks for human rights. The course explores the following issues: the concept of women’s human rights; international instruments guaranteeing civil and political and economic and social rights; the approach of the mainstream human rights mechanisms and institutions, including the UN Human Rights Committee and the European, American, and African regional human rights systems; the UN Commission on the Status of Women and the development of specific normative standards relating to women; the background, drafting, content and experience of the Convention on the Elimination of All Forms of Discrimination against Women 1979 and its Optional Protocol 1999; the work of the Committee on the Elimination of Discrimination Against Women in report monitoring and the elaboration of recommendations; debates around universalism and cultural particularity; the establishment of new standards at the global and regional levels; violence against women, including in armed conflict and trafficking; economic rights and the right to development; examples of domestic protection of women’s rights, including India and Commonwealth Africa; the rights of the girl child.
Score: 6.5770254 Details | Listing | Web page
This course examines how taxation applies to transactions in the international context, and considers tax law that operates at the international and supra-national levels. The course explores the ways in which tax law applies to transactions in the international context. The focus is on rules that operate at an international or supra-national level, though we will look at some domestic rules that are important to international taxation and that can be found in a number of important tax systems. The course will look at a series of international transactions, starting with the very basic example of an export and import of goods and culminating with the treatment of some complex and artificial structures. The features of tax systems will be studied through these transactions, particularly those features found in double tax conventions and in the law of the European Union. In the first part of the course this will be supplemented by introductions to some key foundation concepts that are needed in the study of international taxation. Throughout the course examples will be drawn from the tax systems of a range of countries.
Score: 6.5770254 Details | Listing | Web page
The course is designed to integrate a practical and theoretical understanding of mental health law, from the perspectives of law and mental health sciences. It tries to provide students with a broad conceptual understanding of the particular problems encountered in the application of mental health law. Since the course is taught jointly to lawyers and clinicians it assumes no prior knowledge of either discipline, and is designed to facilitate inter-disciplinary understanding. The introduction to the course is concerned with the context of mental health law and covers issues relating to legal and clinical terminology, basic legal structures and the interaction between law and psychiatry. The remainder of the term is devoted to civil mental health law and looks at; issues of capacity, compulsory treatment both in hospital and in the community, and discharge from hospital. We also touch on issues of law, rights and discrimination. The second term focuses more on issues relating to mentally disordered offenders; it reviews relevant issues of criminal law and sentencing, and covers materials relating to the relationship between mental disorder and offending. Finally we look at issues of mental health law policy and reform.
Score: 6.5770254 Details | Listing | Web page
The course provides a detailed study of the international legal framework in which the causes, problems, policies, standards, techniques and institutions concerning the protection of asylum seekers, refugees and refugee women, internally displaced persons and migrants are situated. The course explores the overlap between International Refugee Law, Human Rights, International Humanitarian Law and Humanitarian Assistance, the phenomenon of legal and illegal Migration, including Human Trafficking in the context of refugees, persons displaced within states during armed conflict, legal and illegal migrants. It covers: the definition of refugees, internally displaced persons, legal and illegal migrants, including trafficking in human beings; the concepts of ‘well-founded fear’ of persecution and group eligibility to refugee protection; procedures for determining refugee status on an individual and group basis, in Africa, Asia, Australia, the European Union, North America, and Latin America; temporary protection; the process of exclusion from refugee protection and individual criminal responsibility for persecution and associated crimes; the role of the ad hoc Tribunals with criminal jurisdiction and the International Criminal Court; the role, in refugee law and human rights, of the principle of non-refoulement in refugee protection; the cessation of refugee status, voluntary repatriation, and safe return; standards applicable in international law to the protection of refugees, internally displaced persons, migrants, and evolving standards against human trafficking; the regulation of migration in regional economic and political unions, namely the European Union, East African Community, the Union of West African States, the Caribbean Community and the Southern African Development Community; the regime of humanitarian assistance to displaced persons in armed conflict and in refugee settlements, including the Sphere Project and the Humanitarian Ombudsperson; and finally the institutional protection of refugees, displaced persons, and migrants by the United Nations High Commissioner for Refugees, the United Nations High Commissioner for Human Rights and the United Nations Human Rights Treaty Bodies, the Red Cross, the International Organisation for Migration, and Non-Governmental Organisations.
Score: 6.5770254 Details | Listing | Web page
The objective of this course is to introduce students to the law and regulations relating to collective investment funds in the UK and selected European jurisdictions (Germany, Italy, Sweden). The course will include both study of the relevant law of the countries selected and also a comparative assessment of the development and current features of the regulation of the collective investment fund industry in the European context. The history of the development of collective investment in the UK and the individual European countries selected with particular emphasis on the business association used as the vehicle; a comparative assessment of the effect of the different systems of law on the growth of investment funds, both historical and current; an examination of the different types of funds developed with particular emphasis on variation and innovation; the regulation of the establishment and marketing of collective investment funds both domestic and cross-border, including consumer protection measures, and the effect of EC law especially the 1985 UCITs Directive as amended by the Product and Management Directives of 2002.
Score: 6.5770254 Details | Listing | Web page
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