Online LLM International Business and Commercial Law

Introduction to Comparative Law

This module provides the foundation for the transition from undergraduate to master's level study by introducing themes which underpin the higher-level study of the relationship between law and business in the international context as well as the advanced research skills needed for success at this level. You'll demonstrate a systematic and critical awareness of the interrelation of law and business in a global context and will also be expected to demonstrate a comprehensive understanding and advanced scholarship in the context of international trade and business. It has several main themes: firstly, it provides an analytical framework for international trade law that transcends particular jurisdictions and focuses on the context in which international business takes place. It will examine the need for the regulation of international trade and the development of legal frameworks for this, including an understanding of the WTO and regional trade organisations, such as the EU. International business operates within a variety of national legal systems as well as internationally. A critical awareness of comparative legal systems is therefore essential, as is an understanding of some elements of public international law (such as treaty law).

International Trade Law

This module provides an analytical framework within which international trade transactions take place across differing jurisdictions. There is consideration of international sales contracts, carriage of goods by sea and financing of international trade. The legal and commercial rules governing specific trade contracts and accompanying documentation will be examined in the context of English common law, as well as in the context of international rules and conventions concerning international trade. The different methods of financing international trade will also be considered. There is also analysis of the rights and duties of carriers of goods. You’ll have the opportunity to develop the application of these rules through practical problem solving, demonstrating your ability to apply your knowledge and understanding of your discipline in an original and creative way. You’ll also be expected to evaluate and critically analyse current legal doctrine and demonstrate advanced legal scholarship. Throughout the module you'll be exposed to and be expected to contribute to a range of skills building activities that underpin your employability. These range from the development of team working activities, communication skills both written and verbal, logical reasoning and the ability to undertake independent research. Criticality is introduced immediately within the module and will be sustained through both formative and summative assessment. The module contributes particularly to complex and creative problem-solving skills and the ability to engage in systematic, conceptual and critical analysis and synthesis of primary and secondary source materials. This module is especially relevant to all students attracted to business, professional or commercial careers, as well as students hoping to work as commercial lawyers.

Into ARU

Entering third level education is exciting; but it can also be a daunting experience. At ARU, we want all students to make the most of the opportunities Higher Education provides, so they reach their potential, become lifelong learners, and find fulfilling careers. However, we appreciate that the shift from secondary education, or a return to formal education is quite a journey. This module is designed to ease that transition. You’ll be enrolled on it as soon as you receive an offer from ARU so you can begin to learn about university life before your course starts. Through Into ARU, you will explore a virtual land modelled around ARU values: Courage, Innovation, Community, Integrity, Responsibility, and Ambition. This innovative module is designed as a game, where you collect knowledge and complete various mini tasks. You’ll proceed at your own pace, though we expect all students to have completed their ‘Into ARU’ exploration by week 6. Students who, for whatever reason, are unable to complete by that date, will be signposted to existing services so that we can be confident that they are supported.

Comparative Company Law

This module provides an analytical framework for corporate law that transcends jurisdictions, emphasising the underlying purpose of the rules and how they fit with theories underpinning corporate law. You’ll get an integrated view of the role and structure of corporate law that provides a clear framework within which to organise an understanding of individual systems, both alone and in comparison, with each other. Broadly you’ll be introduced to the theory of corporate law, introducing concepts and ideas which form the basis of the theoretical foundations of the subject. The focus will be on the main 'players' in the corporate arena, such as the directors, shareholders, creditors, and employees and how company law can best accommodate their sometimes-conflicting interests. You’ll also explore the main arguments in favour of and against state intervention in what are primarily private transactions. The module focuses on the theoretical aspects of corporate law and addresses the problems and legal strategies common to each of the identified jurisdictions. Five basic characteristics of business corporations will be considered: 1 legal personality 2 limited liability 3 corporate governance/shareholder protection 4 management of companies 5 investor ownership.

Corporate Governance

This module introduces you to the political, economic, cultural, social, legal, and other regulatory mechanisms which govern the activities of corporations. You’ll consider issues relating to the management of corporations and how to control the activities of management to ensure that the business is run for the benefit of stakeholders and not only for the benefit of the management. This module enables you to engage in an examination and critical evaluation of corporate governance in a global context. You’ll trace the development of corporate governance and critically consider the theories underpinning corporate governance and how those theories are manifested in practice. You’ll look at corporate governance practice from various parts of the world. In addition, the nature, scope and effect of corporate social responsibility and corporate sustainability will be examined as well as attempts to codify principles of corporate social responsibility at international law. The module will adopt a theoretical and problem-based approach so that you will have the opportunity to develop and demonstrate mastery of the subject.

Issues in Transnational Commercial Law

Anyone representing clients with commercial interests in more than one jurisdiction should possess a good understanding of commercial law in international practice referred to as international or transnational commercial law. As international commerce has developed, increasingly more international efforts have been made towards harmonising the law relating to international commerce. This is done in the belief that harmonisation is more beneficial than reliance on a single national law. Consequently, several different types of international instruments developed, comprising conventions, model laws, legislative guides, codifications of trade usages and practices and restatements of law governing various aspects of international commercial law and practice. The aim of this module is to develop your understanding of what drives international commercial law, the reasons for harmonisation, to examine the institutions involved in the harmonisation process as well as the scope of the harmonisation processes and the major problems and policy issues which must be confronted. The purpose of this module is not, therefore, to study the detailed substantive law relating to any specific aspects of international commercial law although several substantive areas of law will be covered in outline. The purpose of the module is to establish a conceptual framework enabling you to understand the scale, scope, and purpose of harmonisation of international commercial law and to critically evaluate the success of key international instruments. Even though the module will cover some international instruments, which you may already have studied in other modules (for example the Vienna Sales Convention), these instruments will be studied from a perspective of the need, purpose and success or failure of harmonisation of international commercial law.

Commercial Contracts and ECommerce

Understanding commercial contracts is an essential tool for those seeking to become involved in international commercial practice or those seeking to understand commercial practice with an international element. A study of the law governing commercial contracts in their business context involves aspects of contract law, commercial law and will involve basic analysis of ecommerce although no previous knowledge of computer programming is required. English law is particularly suitable to govern international commercial contracts, it is therefore important to understand how English law approaches the issue of commercial contracting. The module will also use comparative law method to look at transnational law to establish and critically evaluate the differences in rules governing commercial contracts in English law, other national laws, and international instruments such as UN convention or International Sale of Goods and UNIDROIT Principles of International Commercial Contracts. The module examines several important themes, in particular, legal issues that relate to the contract formation (requirements for formation, comparing types of contractual arrangements); specifications and key performance indicators that are included in contractual arrangements and the key clauses that are included in formal contracts. Focus will be on the contracts for sales of goods (offline and online) as this is the basis of international commercial contracting. The aim of this module is to develop critical understanding of key theoretical concepts through their application in practical scenarios.

International Commercial Arbitration

In this module you'll examine and critically reflect on the choices businesses need to make about the methods of resolving commercial disputes. This module examines various methods of alternative dispute resolution (ADR) with particular focus on international commercial arbitration as this is the most popular method of dispute resolution in the international context. The module will address the main procedural and substantial topics related to international commercial arbitration demonstrating the advantages and disadvantages of such methods of dispute resolution. It will guide you through the main steps of arbitral proceedings, from the arbitral agreement to the recognition and enforcement of the arbitral award. The study of international commercial arbitration will be done by comparison and applicability of the diverse rules and laws from several jurisdictions to analyse difference approaches in developed and developing countries. This will also help you to critically examine the reasons why international commercial arbitration is so popular. This module combines theory and practical application relevant to international legal practice and business. You'll role play within alternative dispute resolution scenarios to develop and enhance your team working, negotiation, strategic thinking, and employability skills.

Research Methods in Law

This module will provide you with a critical knowledge and understanding of research skills, methods and methodology, including surveys, questionnaires, statistical analysis, interviews, in addition to bibliographical research methods in law. This module includes hands-on training on how to access reliable materials both through the University library and from other reliable sources and databases. Further, this module will discuss learning and teaching styles; academic expectations and learning strategies. This is particularly important for students with a multitude of prior learning experiences. Teaching is informed by active learning pedagogies and organised via practical workshops, hands-on library sessions and E-learning, all providing grounding in the various research methods and techniques. The workshops will focus upon selected topics in of International Business and Commercial Law, to which you are required to analyse and apply appropriate methodological skills. The module contributes particularly to research and analytical and critical thinking skills, which are transferable skills highly valued by employers. Understanding of advantages and disadvantages of legal research methods will be beneficial not only when designing and writing Postgraduate Major Project (LLM dissertation), but also when you carry out research in future career or business planning. This module will develop your cultural awareness when conducting research, including how to identify and address research ethics considerations (and follow the relevant procedures) for their Postgraduate Major Project (LLM dissertation), as required by the University and international research associations and societies. During the module, you’ll be able to build and enhance social networks and relations with their peers, tutors and law librarians. This will be done via designated class team working activities, tasks to enhance your face-to-face and digital professional oral and written communication skills, and when researching the leading scholars for your Postgraduate Major Project (LLM dissertation).

LLM International Business and Commercial Law Major Research Project

This module supports students in the preparation and submission of a Master's stage major research project. This project enables students to demonstrate the features associated with academic Mastery: The ability to raise significant and meaningful questions in relation to their area of specialism; A depth of knowledge that may involve working at the current limits of understanding; Critical understanding of method and its relationship to knowledge; Awareness of and ability to develop solutions to ethical issues and dilemmas likely to arise in their research and/or their professional practice; The ability to draw insightful and justifiable conclusions from information which may be complex or contradictory; The capacity to expand, refine or redefine existing knowledge; to develop new approaches and contribute to the development of best practice in their professional sphere; The ability to communicate in writing in a clear and cogent manner, consistent with the requirements of academic writing; The ability to undertake wide-ranging, independent research, using those methodologies appropriate to the chosen project; The capacity to evaluate their work from the perspective of an autonomous, reflective learner. This module will provide you with an opportunity to explore in depth a particular aspect of international business/commercial law which reflects your academic interest and career development needs (subject to your proposed research question being agreed to by the module leader and your potential supervisor to ensure its viability). You’ll be allocated a supervisor to assist you in formulating their research proposal/hypothesis, discuss their methodology (including the possible need for ethics clearance) and act as a mentor throughout. You’ll be expected to make regular reports to your supervisor on the progress of their work.

Modules are subject to change and availability.