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Postgraduate Diploma in International Commercial Law



Postgraduate Diploma in International Commercial Law

  1. Introduction

    This programme is aimed at students who wish to develop expertise in legal aspects of commerce, corporations, finance, and trade at an international level. It has a specialist International Human Rights pathway, where it is recognised that this course will attract students from regions where human rights efforts may be needed. It is designed for students from any legal jurisdiction. Students may wish to join other universities on their LLM, where it is possible that some exemptions may be provided to students against their Postgraduate Diploma achieved at SOEL. The School is currently pursuing options where students can join a top up programme.
  2. Course Structure

    Students will be required to pass all 6 modules to be awarded the Postgraduate Diploma.


Postgraduate Diploma in International Commercial Law

120 credits

All modules are compulsory for a postgraduate diploma:

  1. Advanced Legal Research Methods (15 credits)
  2. Law of International Trade (20 credits)
  3. International Banking Law (20 credits)
  4. EC Competition Law (30 credits)
  5. International Company Law (20 credits
  6. International Human Rights Law (15 credits)


Note: students who achieve a combination of minimum 60 credits, one of which must be Advanced Legal Research Methods, may be awarded a postgraduate certificate.

Optional modules:
Note: the below optional units can be taken in addition to the above compulsory units in order to further enhance knowledge in these areas.

  1. Public International Law
  2. Law, the State & Justice

Stand alone modules:

The below stand alone units do not form part of the postgraduate diploma or the postgraduate certificate but can be taken to develop knowledge in the foundations of law as defined by the Solicitors Regulation Authority.

  1. Contract and Tort Law
  2. Criminal Law
  3. Property/Land Law
  4. Equity and Trusts

Summary of Units

a. Advanced Legal Research Methods
The aim of this module is to assist students in developing a number of core legal study skills needed during the dissertation/LLM stage such as reading and analysing legislation/cases and legal articles, and academic legal skills such as writing a coursework, assignment or project and answering problem questions and preparing for exams. Students should be able to identify suitable research issues; formulate appropriate research questions. It is important to locate, evaluate and use relevant legal and non-legal information sources. Student should be able to undertake a critical analysis of literature relevant to a chosen research topic. Overall the students should analyse and develop a sustained written legal argument appropriate to the level of study.

b. Law of International Trade
This module explores the different types of international sales contracts that exist, the requisite transportation documents and ways of financing the sales contracts. The module also covers the arrangements for the carriage of goods by sea and the carrier’s liabilities for any loss or damage to the good. It then examines the importance of the insurance contracts when goods are lost or damaged. Indicative Content: international sale contracts (CIF, CIP and FOB contracts), obligations and rights of seller and buyers, questions of title and risk, remedies for breach, INCOTERMS, International Chamber of Commerce (ICC), Vienna Convention 1980.

c. International Banking Law
This module will commence with an overview of the role of international banks, their products and global corporate customers. It begins by considering issues of banking regulation, looking at international and European requirements and reflecting upon the difficulties in transposing these within particular jurisdictions.
Indicative Content: English law as an express choice of applicable law and the use of exclusive English Courts jurisdiction clauses in international banking transactions , the methodology of local law legal opinions, syndicated lending transactions, finance lease and asset finance techniques, legal issues arising out of contracts of corporate guarantee.

d. EU Competition Law
The main principles of competition law are discussed in this module. It uses European Union competition law as a framework within which to understand the law, economics and policy of competition law. It also contains a significant comparative element, looking at other competition regimes both within Europe and beyond.

Indicative content: Treaty on the Functioning of the European Union (TFEU), horizontal agreement, vertical agreements, predatory pricing, etc

e. International Company Law
This module includes a critical assessment corporate governance issues in respect of corporate liability, financing of corporations, corporate and directors duties and its consequences. It considers the different types of companies in the UK and one EU context, and in particular looks the UK Companies Act 2006. It considers issues such as companies in financial distress. The notion of accountability is also a very important principle and so this area will be examined within the confines of financial crime to assess whether the laws are adequate to administer justice. This module is of use to those students that wish to embark on any career that involves working for large commercial organisations were such laws determine how it functions and is regulated.

f. International Human Rights Law
The module begins with the understanding of the international legal framework for the protection of human rights, and the themes and debates in this field. Students will then examine the roles of key institutions and bodies in international human rights, in particular UN bodies, and how they are responding to current human rights challenges.
Indicative Content: International Human Rights System, The UN Human rights system; universality and relativism, the right to life, the prohibition of torture, liberty and security, fair trial, freedom of expression, women’s rights, Workers’ rights, human rights obligations of corporations. NGO’s in Human Rights.

Other
Awarded by
: School of Economics and Law.
Mode of Study: full time; part time; online, distance and blended learning
Duration: 12 months (FT); 12-24 months (Online Learning/Distance Learning/Blended Learning) - depending on pace of student learning. Exemptions are also available - see below.
Exemptions: available based on previous learning and work experience - contact the admissions team for the exemptions form. For evidence of previous learning you must provide your transcripts and certificates for subjects studied at Bachelor degree level or higher (or equivalent, QCF levels 5-7). For evidence of work experience, you must detail this in the form (e.g. your roles and duties), you must provide your CV, a letter from your employer confirming your position and duties, a sample of work that you have carried out whilst working (case preparation etc.). If you have already completed an LLB, LLM, LPC, BVC/BPTC, you will be given exemptions for a significant part of the programme.
Tuition Fee: £4,900
Scholarships: available from £500 to £2,000.