LLM. Degree s - Amazon S3 · LLM. Degree s . The LLM in International Business Law . The LLM in...

LLM. Degrees

The LLM in International Business Law The LLM in Commercial Law

The LLM in Financial Regulation and Compliance The LLM in Comparative Commercial Law

The LLM in Trans-national Criminal Justice The LLM in Chinese Business and Investment Law

The LLM in Islamic Finance and Business Law The LLM in International and Comparative Tax Law

Programme Handbook 2016-2017

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Welcome by Professor Barry Rider, Director of LLM Programmes As Director of the LL.M Programmes at BPP Law School I would like to extend a warm welcome to you. The LL.M. degree is the highest taught law degree that you can take at any university and the standard that we hold to at BPP is no less than at the best international law schools. Consequently, you should find the programme that you have selected both challenging and intellectually rewarding. We have deliberately sought to incorporate into the structure, content and delivery of our degrees the best practice that is followed by some of the top law schools in Britain. Indeed, we are privileged in being able to use the expertise of so many teachers who have or still teach at the best schools around the world. The modules that we are able to offer have been carefully designed to offer you the opportunity not only to engage in advanced study of the relevant area but also acquire skills that you will find useful in practice. Thus, a significant proportion of the marks for each taught module are awarded for the writing of a practical memorandum of advice on a topical issue within the relevant subject area. Furthermore, when it comes to writing the dissertation, you will have the opportunity to conduct, under supervision, research on areas of the law that are of particular importance in the practice of law and its administration. The optimum balance that we seek to achieve between intellectual and conceptual rigor on the one hand and practical knowledge and application on the other is reflected in the backgrounds of many of those who teach on our programmes. You will find that the majority of our teachers hold doctorates in law, but also practice as lawyers or consultant. It is on the basis of this very sure foundation of ability that we have been able to offer new and dynamic courses on subjects that perhaps more traditional law schools would hesitate to offer. The LLM at BPP is not an easy option for study. It is demanding and if you are to do well, which is the best return on your investment for the future, you will need to work hard. For example, the first compulsory assessment is set four weeks into the start of each taught module! While we attempt to structure the courses into more or less conventional lectures and inter-active seminars, we appreciate and expect student participation. It is also the case that in some subjects given the amount of new material that it is necessary to get through the distinction between a traditional lecture and seminar might not always be too distinct. We appreciate that in some courses the material will be novel and relatively inaccessible to candidates otherwise than through the VLE system. Students are, of course, expected to prepare for each lecture and seminar so that they can get the most out of the course. I am confident that you will enjoy your time at BPP and find the programme a rewarding and useful experience. While you will be allocated a personal tutor, usually the leader of the programme for which you register, I am always available to discuss specific issues with you look forward to meeting you. With best wishes Professor Barry Rider OBE LLD

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CONTENTS INTRODUCTION TO THE PROGRAMME 7

1. Background and Structure of the Programmes 7

2. Credits 9

3. Delivery of Courses 10

4. Dissertation 10

5. Assessments 10

6. External Examiners 11

7. Modules 12

8. The Postgraduate Certificate and the Postgraduate Diploma 12

9. Overseas Students 13

10. Conduct in Class and within the School 13

11. LLM Staff 13

12. Personal Tutors and the Student Manager 14

13. Part-time Studies 14

14. The VLE 14

15. Student Liaison and Feedback 15 THE MODULES 16 1. Financial Regulation and Compliance 16

• Description of the Module 16 • Learning Objective and Outcomes 17 • Syllabus 18 • Reading and VLE Material 19

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2. Trans-National Criminal Justice 20

• Description of the Module 20 • Learning Objectives and Outcomes 21 • Syllabus 21 • Reading and VLE Material 22

3. Commercial Law 25


4. Fraud and Financial Crime 28


5. International Business Law 33


6. Comparative Commercial Law 35


7. Advanced Corporate Law 41


8. Business Organisations Law 44

• Description of the Module 44

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• Learning Objectives and Outcomes 45 • Syllabus 45 • Reading and VLE Material 46

9. Corporate Finance Law 46


10. UK and International Banking Law 52


11. Corporate Securities Law 58


12. Chinese Business Law 61


13. Chinese Finance and Investment Law 64


14. Islamic Finance Law 68

• Description of the Module 68 • Learning Objectives and Outcomes 69

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• Syllabus 69 • Reading and VLE Material 70

15. Islamic Business Law 72


16. International and Comparative Tax Law 76


17. Business Tax Law 79


18. Chinese Public Law and Human Rights 82


19. The Law of Investigations 85


20. International Financial Transactions: Law and Practice 89

• Description of the Module 89

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• Learning Objectives and Outcomes 90 • Syllabus 90 • Reading and VLE Material 91

21. Advanced Islamic Financial and Business Law 93


Suspended Validated Modules 99

LEARNING AND TEACHING STRATEGY 100

• Assessment Strategy 100 • Modules 101 • Learning Outcomes 101

LLM FACULTY 102 LLM PROGRAMME REGULATIONS 115

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INTRODUCTION TO THE PROGRAMME 1. Background and Structure of the Programmes LL.M. programmes were first validated at BPP Law School during the summer of 2008. Initially there were two programmes namely, the LL.M. in Commercial Law and the LL.M. in International Business Law. Since then six further programmes have been added, the LL.M. in Financial Regulation and Compliance, the LLM in International and Comparative Tax Law, the LLM in Trans-national Criminal Justice, the LL.M. in Comparative Commercial Law, the LLM in Chinese Business and Investment Law and the LLM in Islamic Finance and Business Law. Our eight LLM programmes are designed to allow students a considerable amount of freedom and flexibility in selecting specific subject modules. Each programme has a core module bearing the name of the programme. Therefore, to take the LL.M. in Commercial Law it is necessary for candidates, usually in their first semester, to take the Commercial Law module. Students are also required to select a topic for their dissertation that is fairly within the scope of their core module. Therefore, for a LL.M. to be designated for example, an LL.M. in Commercial Law it is necessary for a candidate to take the core module and for the dissertation to be in commercial law. We in addition make recommendations as to other modules which might be particularly relevant for the particular area of law in question. However, our recommendations are not in any way mandatory. Note however, in the cases of the LLM in Chinese Business and Investment Law and Islamic Finance and Business Law candidates must take both modules in the relevant area of law. So for example, a candidate for the LLM in Chinese Business and Investment Law would need to take both the modules in Chinese Business Law and Chinese Finance and Investment Law, two further electives and write a dissertation within Chinese business or finance related law. To successfully complete the LL.M. in addition to the core module and dissertation, students must take three other elective modules. These may be other core modules or from the pool of elective modules on offer. Therefore, each student must take four modules in all. Each module carries 30 credits, the dissertation carrying 60 credits. Please note, however, that special arrangements exist for the PCL LLM and students who have accredited prior learning.

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The following modules are offered in the current LL.M. programmes:

• International Business Law (Dr Richard Alexander) • Commercial Law ( Mr Dominic Thomas-James) • Financial Regulation and Compliance (Professor Barry Rider and Professor Stuart Bazley) • Comparative Commercial Law (Professor Chizu Nakajima) • International and Comparative Tax Law (Professor Julian Hickey) • Trans-National Criminal Justice (Professor Chizu Nakajima and Professor Barry Rider)

These six modules are also core modules. Remember if an LL.M. is to be designated as an LL.M. in one of these areas of the law, then the relevant core module must be taken, usually (but not always) in the first term of study. Note that other core modules can be taken as ordinary electives.

• Chinese Business Law (Ms Li Hong Xing) • Chinese Finance and Investment Law (Ms Li Hong Xing)

(Note that for the LLM in Chinese Business and Investment Law both of the above modules are core modules and must both be taken)

• Islamic Finance Law (Professor Barry Rider and Dr Lu’ayy al Rimawi) • Islamic Business Law (Dr Lu’ayy al Rimawi)

(Note that for the LLM in Islamic Finance and Business Law both of the above modules are core modules and must both be taken)

• Advanced Corporate Law (Professor Chizu Nakajima) • Fraud and Financial Crime (Professor Barry Rider) • Corporate Securities Law (Dr Richard Alexander) • The Law of Business Organisations (Dr Richard Alexander) • UK and International Banking Law (Professor Andrew Haynes) • The Law of Corporate Finance (Dr Jacob Schumacher) • Business Taxation Law (Professor Julian Hickey)

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• Investigations Law and Practice (Professor William Tupman) • Chinese public law and human Rights (Ms Li Hong Xing) • The Law relating to Financial Transactions (Dr Jacob Schumacher) • Advanced Islamic Financial and Business Law (Dr Lu’ayy Al Rimawi)

(Please note that the Module Leader(s) named above are responsible for the design and assessment of the module and will teach on the module, however, they will be joined by other lecturers. For details on the Faculty please refer to the list at the end of this Programme Book). Not all modules that have been validated by the Academic Council are offered each academic year and not all modules are on offer each semester. Consequently, students need to ascertain exactly what modules are being run and when during the academic year. In large measure the decision when to run a module will depend upon student interest and support. It is important that for a module to run successfully in educational terms there are a sufficient number of students prepared to take it and attend class. Normally, a class would not be viable in educational terms if it consisted of less than 8 students. As it is not always possible to be sure how many students wish to take a particular module until just before the start of term, students must recognise that there is a need for flexibility in the selection of their subjects. Having regard to the relative intensity of the courses it is most important that students select their modules in good time and do not change their selection. While it may in exceptional circumstances be appropriate to allow a student to change a module, other than the relevant core module, before the end of the first week of the course, students who commence a course late are at a disadvantage. Selection of modules must be reported to the Student Records Office (SRO). Access to the VLE, which is of crucial importance, is dependent upon timely notification to the SRO at student [email protected]. 2. Credits Each taught module is worth 30 credits. The dissertation is worth 60 credits. To graduate with the degree of LL.M a total of 180 credits must be obtained.

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3. Delivery of Courses Each module is taught through lectures and seminars. Students are expected to prepare before classes and participate, particularly in seminars, in class discussions and exercises. For each module there are 40 contact hours, normally divided into ten hours of lectures and ten seminars. However, given the nature of some subjects this is not a hard and fast division. Text books and written materials are not provided given the fact that this is a master’s degree programme, but there is for each module extensive material made available electronically on the VLE to which each student has access. Of course, students are expected to resort to the library and access other sources, particularly when preparing their dissertation. 4. Dissertation All students are required to write a research based dissertation within the scope of their core module. The dissertation will normally be written over a period of three months during the last semester of a student’s study and is supervised. There is a strict word limit of 10,000 words. Guidance is provided on how to conduct research and write a dissertation, and lectures are provided on:

• Legal writing • Critical analysis • Legal research • Critical and referencing • Plagiarism

Please note that it is mandatory for Tier 4 students to attend these additional classes.

5. Assessments Assessment occurs during and immediately after the relevant module is offered. There are two types of formal assessment in each taught module. Students must pass each.

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The first assessment which is set mid-term consists of writing, without supervision, a memorandum of advice on a set issue. This exercise is worth 30 per cent of the marks for the relevant module and is designed to test students understanding of the law and their ability to apply it in a practical manner. Students are given about four weeks to complete this assessment. The second assessment is an examination with unseen questions. Usually students will be required to answer two out of no less than five questions within two hours. This is a closed book examination. Students who fail an assessment are allowed to re-sit on two occasions. However, the marks of a re-sit are caped at the pass mark of 50 per cent. The obligation to submit written material whether as an essay, memorandum or dissertation on time is most important. Given the length of time that students are given to prepare these assessments a deferral or extension will only be permitted in exceptional circumstances. Furthermore there must be strict compliance with the procedures set out in the General Academic Regulations. If a deferral or extension is not granted in accordance with these procedures, the assessment will be considered to constitute failure. Plagiarism and other forms of cheating (including unauthorised collaboration) are wholly unacceptable and will result in at least failure of the relevant assessment. Computer assisted and other methods are used to monitor the integrity of all written assessments. Guidance as to what constitutes plagiarism and unacceptable academic conduct may be found in the General Academic Regulations and also in the advice given on the writing of a dissertation placed on the VLE. If in doubt, students are strongly advised to consult the relevant module leader or their personal tutor. 6. External Examiners All LLM assessments are examined by at least two examiners who mark independently of each other. A significant proportion of assessments are also considered by an external examiner. The primary concern of an external examiner is to ensure that the appropriate academic standard is achieved in each assessment. For the first three years of our programmes our external examiners were Professor Eva Lomnicka, Professor of Law at King’s College, University of London and Professor Gerard McCormack, Professor of Law at the University of Leeds. They were succeeded by Professor Mads Andenas, of the universities of Leicester, Oxford, Oslo and London, a Master of the Bench of the Inner Temple and Chairman of the United Nations Committee on Unlawful Detention and the former Director of the British Institute of International and Comparative Law; Professor Andrew Haynes, of the Universities of Wolverhampton and Macao and an Associate Senior Research Fellow of the Institute of Advanced Legal Studies, University of London and Mr Michael Ashe QC, SC one of HM Recorders, Master of the Bench of the Middle Temple and

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former head of chambers, 9 Stone Buildings, Lincoln’s Inn and Visiting Lecturer at the University of Cambridge. Our current external examiners Professor Andrew Campbell, Professor of International Banking Law at the University of Leeds, Professor Antonello Miranda, Dean and Professor of Comparative Law at the University of Palermo and Judge Graham Ritchie of the First Tier Tribunal.

7. Modules

All modules are structured in the same way that is ten hours of lectures and thirty hours of seminars. However, the actual delivery of classes will, to some degree, depend upon the subject area. For example, there is an assumption that those studying Islamic Finance Law will have no familiarity with general Islamic law. On the other hand, those studying, for instance, commercial law or corporate finance law, will be taken to have at least a basic knowledge of English contract and tort law. 8. The Postgraduate Certificate and the Postgraduate Diploma

Candidates may register for a Postgraduate Certificate in the following programmes.

• Trans-national Criminal Justice • Financial Regulation and Compliance • Comparative Commercial Law • International and Comparative Tax Law • International Business Law • Commercial Law

To qualify for this Certificate the student is required to take the core module and an elective module of their choice.

For instance, you may achieve a Postgraduate Certificate in Commercial Law by passing the constituent elements of the Commercial Law assessment (a Memorandum of Advice and an unseen examination paper) and those of another module, such as Business Organisations or Corporate Finance Law.

Candidates may also register for a Postgraduate Diploma in their chosen Programme by taking the module that relates to that Programme, plus three other modules.

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For instance, you may achieve a Postgraduate Diploma in Commercial Law by passing the constituent elements of the Commercial Law assessment and those of three other modules.

If you take an LL.M. Programme, such as the LL.M. in Commercial Law, you may graduate with the Postgraduate Certificate or Postgraduate Diploma in that Programme if you leave the Programme after passing two or four modules, respectively. To do this, you must notify the Examinations Office in advance of the relevant Examinations Board.

9. Overseas Students

The UK Government has imposed a number of obligations on providers of higher education to assist in ensuring strict compliance with immigration law and in particular the observance of visa conditions. We take this responsibility very seriously. It is, however, the responsibility of individual students to ensure that they are fully compliant with the requirements of the law and comply with the conditions imposed upon them under their visa. Failure to do so may well have very serious consequences for the individual concerned. In particular, failure to attend classes and complete assessments may well be considered by the authorities as a breach of their visa conditions. BPP University College is under a legal obligation to report anything that indicates that a student may be in breach of their undertaking to comply with their visa to the authorities. 10. Conduct in Class and within the School Students are expected to conduct themselves in an appropriate manner and to act with courtesy and respect to their colleagues and members of staff. It is discourteous to arrive for classes late or to fail to give proper attention to the lecturer. Students who turn up more than 10 minutes late for a class might not be admitted if the lecturer considers that to do so would be disruptive. Indeed, in the case of students subject to visa requirements attending classes late may in certain circumstances constitute a breach of their visa conditions. 11. LLM Staff The core LL.M. teaching team is relatively small but is supported by a number of lecturers from other institutions. Students should appreciate that our staff are experts in their areas most with international reputations supported by practical experience. Exceptionally for a law school, all members of staff teaching on the LL.M. hold one or more doctorates from leading universities. Furthermore, most lecturers are also involved in teaching at other leading law schools in the UK and overseas. Consequently the calibre of our teachers is second to none. A list of members of our Faculty and Adjunct Faculty appears below.

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12. Personal Tutors and the Student Manager Mrs Judy Alexander is the Student Manager for the LLM Programme. She is the first point of contact in regard to all tutorial matters. However, the Programme Leaders for each programme also serve as personal tutors for students taking their programme. Students are at liberty to consult their personal tutor on any appropriate matter as they see fit. They are also encouraged to seek advice and appropriate assistance from other members of the teaching staff particularly those acting as module leaders. Of course, BPP University College’s Student Advisers also offer a significant level of student support and advice on a range of matters. Students with disabilities that may impact on their study should contact Mrs Judy Alexander on [email protected] 13. Part-time Studies Students taking an LL.M. programme on a part-time basis may complete the course over a period of two years. They should commence their study with the relevant core module and then ideally select a module for the remaining three taught semesters. Their dissertation should be completed in their final year. Dedicated classes for part-time students are not available. Furthermore, all classes are taught in Holborn. 14. The VLE The importance of the VLE has already been emphasised. It is necessary for students to use the VLE as a vital tool in the successful completion of their studies. However, access to relevant parts of the VLE will depend upon the Registry being made aware of student’s individual module choices. Access can only be granted once the Registry has been properly informed of choices. The tabs within the VLE are structured, but not all modules present material in the same manner, so therefore students are advised to make sure that they become conversant with the relevant module tabs as soon as possible. They should in particular monitor the announcements section on a regular basis as it is through this that important messages will be communicated. They should also review the general LL.M. tab which also carries information about assessments and the dissertation.

mailto:[email protected]

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15. Student Liaison and Feedback We are concerned to ensure that the learning experience of students studying the LLM not only meets their expectations, but is objectively of an excellent standard. In attempting to achieve and maintain this standard, those responsible for designing and delivering the various programmes and modules greatly value the feedback of students, as does the School. It is only by knowing what may be improved that we can ensure that it is! Consequently students are encouraged to give constructive feedback at every opportunity to their module leaders and in particular Programme Directors. Ideally this should, if written, be copied to Professor Barry Rider as the Director of the LLM Programme. During the academic year students are invited to complete feedback forms. These are most important and all students should make this s priority. There will also be opportunities, usually at the end of each term to raise issues whether relating specifically to the courses or any other relevant matter at a specially convened meeting. Concerns may also be expressed, at any time, to Professor Rider, the Chief Executive of Students and the Student Advisers.

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THE MODULES – Cores and Electives 1. Financial Regulation and Compliance – (Code 7066) Module Leaders:

Professor Barry Rider Professor Stuart Bazley Description of the Module

The contribution of the financial markets and the financial services industry to the national economy and the stability of the world financial system requires no emphasis. While there are early examples of attempts to regulate the financial markets in history, until the mid-1980s primary emphasis was placed in Britain on various forms of self-regulation. The financial services industry, including the markets which it serves, is today regulated by the Financial Services and Markets Act as amended by the Financial Services Act 2012 under the supervision of the Financial Conduct Authority and the Bank of England. However, while the present regulatory system is highly integrated it is not wholly inclusive and there are important areas of law and regulation outside of FSMA. The criminal law, which has particular purchase in regard to financial crime and money laundering is an obvious example. Conversely, since the 2012 amendments a number of areas of the financial service sector are now subject to FCA jurisdiction and indeed the FCA’s powers have in many areas been greatly extended. For example the FCA now has competition powers. There is also a considerable amount of so called ‘soft law’ resulting from various international initiatives which to a greater or lesser degree impact directly or indirectly on those engaged in financial business. Of course, many players also operate internationally and are therefore subject to a complex web of regulation and oversight. While the government attempts to ensure that regulation is cohesive and co-ordinated, few would pretend (particularly after the banking crisis) that there is not substantial scope for improvement). While in-house regulation, primarily through codes of conduct and employment contracts, has long played a significant role in promoting regularity and integrity, it has now developed into a significant system of compliance. The compliance systems and procedures that those engaged in financial business are required, directly and indirectly (often to minimise exposure to risk) play a critical role in the stability of the financial system. In many areas of activity including the criminal law responsibility has in effect been delegated and in some cases transferred to new compliance regimes. In the result the control and protection of the financial

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services industry operates at a number of levels and those engaged in practice, in a wide variety of financially related activities, need to be aware of the substance and impact of the various rule and procedures. Indeed, the establishment and maintenance of suitable and adequate systems of control and the management of risk (particularly legal and regulatory risk) is a serious responsibility of management and those concerned with governance. This module will provide a detailed introduction to the relevant laws and regulations as they impact on persons authorised to conduct financial business in the UK. In particular it will focus on the responsibilities of those who seek or who are authorised under FSMA to establish, administer and monitor adequate and suitable compliance systems and procedures. This involves the legal, regulatory and other procedures involved in the identification and assessment of risks and the determination of appropriate strategies. The design and implementation of compliance and related systems and procedures that are acceptable under UK law and where relevant other laws, will be considered. The management, supervision and development of such systems focussing by way of example of particular risk areas will be considered in depth. The consequences of compliance failures will be examined in terms of legal and regulatory exposure (at various levels within the organisation) and the process that are involved in recovery, rectification and resilience. An important feature of the module on Financial Law and Compliance is its emphasis on equipping students with the knowledge and skills suitable to practice in those specific areas of law associated with the financial services industry. This is achieved by ensuring that the choice of modules (and the content within them) is relevant to a practice that involves financial, corporate and business activity at domestic and trans-national levels and that they are delivered in a way that integrates law, theory and practice. Learning Objective and Outcomes The rationale for the LLM in Financial Law and Compliance is to explore the key legal rules, principles and policies relating to financial services activity and the management and delivery of compliance, including:

• The identification of relevant operational (and in particular legal and regulatory) risk and the use of legal rules and principles to control and manage such risk

• The legal and regulatory issues faced by those engaged in the writing and provision of financial products and services and the facilitation of transaction related business

• The legal rights and obligations of those engaging in financial activities • The controls and limits placed on the freedom to engage in financial activities • The key business and economic context and implications of relevant rules, regulations, freedoms and liabilities

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Syllabus The nature and character of financial regulation in the UK Overview of UK financial services regulation The relationship of financial law and regulation with other aspects of the legal system The concept of legal and regulatory risk in the financial sector Risk assessments and audit External threats to financial institutions Protecting financial institutions from disruption The international dimension to financial regulation The long-arm of US law and regulators The authorisation process and related issues Marketing of investments and related issues Customer Agreements Customer related compliance issues Compliance and legal risk Constructing an effective compliance system Conflicts of interest and Chinese Walls Insider dealing and market abuse Money laundering compliance related issues Compliance and financial crime Legal and regulatory responsibilities of compliance officers Management issues related to compliance function

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Management of compliance breakdown Co-operation between the regulators Enforcement and investigation issues Reading and VLE Materials In additional to relevant regulatory and compliance material is already available on the VLE the following will be specifically used: Rider, Alexander, Linklater and Bazley, Market Abuse and Insider Dealing (2nd Ed) Tottle Nakajima and Sheffield, Conflicts of Interest and Chinese Walls, Tottle Rutledge and Haines, Electronic Markets, Butterworths Kirk and Ross, Modern Financial Regulation, Jordans Alexander, Insider Dealing and Money Laundering in the EU, Ashgate Leong (Rook), The Disruption of International Organised Crime, Ashgate Bazley S. Market Abuse Enforcment: Practice and Procedure. Bloomsbury. Blair and Walker, Financial Markets and Exchange Law, Oxford Blair, Allison, Morton et al, Banking and Financial Services Regulation (3rd Ed) Butterworths Haynes, Financial Services Guide, Tottle Cogan P. The Money Machine, How the City Works. Penguin. Hill-Smith A, Consumer Credit Law and Practice. Informal law. 2nd edition

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Recommended electives Students are recommended to consider taking, with the core module, one or more of the following modules: Fraud and Financial Crime, Corporate Securities Law, UK and International Banking Law, the law relating to International Financial Transactions and Trans-national Criminal Justice.

2. Trans-national Criminal Justice – (Code 7127)

Module Leaders:

Professor Chizu Nakajima Professor Barry Rider

Description of the Module

The proper administration of the criminal justice system is integral to the rule of law. Criminal activity increasingly takes advantage of the traditional restraint of criminal justice systems to confine their roles within the sovereignty of their own national boarders. Developments in modern technology, communication and travel permit criminals to function effectively beyond the reach of traditional law enforcement. States and inter-governmental organisations aware of the implications that this has for the protection of the state and its citizens have over the last fifty or so years adapted and developed the criminal law and its institutions and established the foundations for trans-national responses and interventions. There is now a body of law and practice which can be recognised as trans-national criminal law, which includes within it international criminal law. This is a dynamic and highly important body of law and practice, the impact of which is increasingly significant throughout the world.

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Learning Objectives and Outcomes

To provide candidates with the opportunity to:

• Acquire a detailed knowledge and understanding of selected key principles, rules and concepts of the law and practice relating to trans-national criminal justice primarily (although not exclusively) from the perspective of the UK;

• Evaluate the extent to which the relevant law and its institutions have adapted to developments in technology and cope with new challenges;

• Investigate and discuss selected proposed reforms and the developments; • Develop the practical and cognitive skills appropriate for practice in the law and practices of trans-national crime control; • Develop the transferable skills appropriate for professional employment and in particular specialised practice in criminal

justice and related areas of activity.

Syllabus

Theories of criminal responsibility and the Rule of Law Comparative Criminal Justice Systems Jurisdiction in criminal and regulatory actions The character and nature of trans-national crime Traditional and non-traditional organized crime Terrorism Cross boarder initiatives against organized crime Trans-national business and enterprise crime The role, competences and powers of domestic law enforcement International investigations and the pursuit of criminal assets Non-traditional law enforcement Criminal intelligence

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Civil and administrative enforcement International and regional initiatives Extradition, rendition and surrender Disruption of and intervention against serious crime International criminal law and the International Criminal Courts Economic sanctions Private enforcement and litigation Development and law reform Reading and VLE Material Comprehensive materials are available on the VLE, but reference may also be made to the following: Demestis D., Technology and Anti-Money Laundering – A systems theory and risk based approach, (2010) Edward Edgar, ISBN 9781848445567 Ehrlich I. and Liu Z., The Economics of Crime (2006) Edward Elgar, ISBN 9781852787783, Chs 1,2 8 and 10. Chaikin D (ed), Money Laundering, tax Evasion and Tax Havens, (2009) University of Sydney, ISBN 9781921509735 Fijnaut, C. and Huberts, L., Corruption, Integrity and Law Enforcement, (2002),Kluwer, ISBN 9041118667 Fiorentini, G. and Peltzman, S. (eds), The Economics of Organised Crime, (1997), Cambridge University Press, ISBN 0521629551 Ch 7. Holmes L., Terrorism, Organised Crime and Corruption (2007) Edward Elgar, ISBN 9781845425371, generally.

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Newburn, T. and Sparks, R., Criminal Justice and Political Culture – National and International Dimensions of Crime Control (2004) Willan, ISBN 1843920549, generally. Masciandaro D. et al (Eds) Black Finance (2007) Edward Elgar, ISBN 9781847202154 Ashworth, A., Human Rights, Serious Crime and Criminal Procedure, (2002) Sweet and Maxwell, ISBN 0421783001 Misha Glenny: McMafia – Crime without Frontiers (2008), Bodley Head ISBN 139780224075039 Angela Veng Mei Leong; The Disruption of International Organised Crime – An Analysis of Legal and Non-Legal Strategies, (2007) Ashgate Publishing, ISBN 139780754670667 Holmes L., Terrorism, Organised Crime and Corruption, (2007), Edward Elgar, ISBN 9781845425371 Millington T and Sutherland Williams M.,The Proceeds of Crime (2nd Ed 2007) Oxford ISBN 9780199298648 Smith, Owens and Bodnar, Asset Recovery and Criminal Confiscation and Civil Recovery (2007) Oxford ISBN 9780199298983 Fisman R (et al) Economic Gangsters – Corruption, Violence and the Poverty of Nations (2008) Princeton, ISBN 9780691144696 Abadinsky, H., Organised Crime, (3rd Ed), Nelson-Hall, ISBN 0830412344 Young S., Civil Forfeiture of Criminal Property (2008) Edward Elgar, ISBN 978184720862 Hill P., The Japanese Mafia, Yakuza, Law and the State, (2006) OUP, ISBN 9780199291618 Hinterseer, K., Criminal Finance, The Political Economy of Money Laundering in a Comparative Legal Context, (2002), Kluwer, ISBN 9041198644 Renfrew, C., Loot, Legitimacy and Ownership, (2000), Gerald Duckworth, ISBN 0715630342 Rider, B. (ed.), Money Laundering Control, (1996), Round Hall, Sweet and Maxwell, ISBN 189973823

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Napoleoni, L., Modern Jihad, Tracing the Dollars Behind the Terror Networks,Pluto Press, ISBN 0745321178, Chs 1, 6, 11, 14 and17 Society for Advanced Legal Studies, (Ross Cranston), The Funding of Terror – theLegal Implications of the Financial War on Terror, (2002), SALS, London. Robinson, J., The Sink, Terror, Crime and Dirty Money in the Offshore World, (2003), Constable and Robinson, ISBN 1841196827 Ulph J.: Commercial Fraud – Civil Liability, Human Rights and Money Laundering (2006) Oxford University Press ISBN 0-19-826867-X Deflem, M., Policing World Society, Historical Foundations of International Police Cooperation, (2002), Oxford University Press, ISBN 0199259623, generally but in particular Chs 1 and 8 Finckenaer J., Mafia and Organised Crime, (2007) Oneworld, ISBN 9781851685264 Ledeneva, A.V. and Kurkchiyan, M., Economic Crime In Russia, (2000), Kluwer, ISBN 9041197826, Chs 2 and 18. Maquire, M., Morgan, R. and Reiner, R. (eds), The Oxford Handbook of Criminology (3rd Ed 2002), Oxford University Press, ISBN 0199249377, Chs 23 (David Nelken) and 24, (Michael Levi). Bantekas, I. and Nash, S., International Criminal Law, (2nd Ed, 2003), Cavendish, ISBN 1859417760, Chs 2 and 10. Kaczorowska A., Public International Law (4th Ed 2010) Routledge, ISBN 0415566827, Chs 1, 2, 7 and 14. Means D.P., American Criminal Justice Policy (2010) CUP ISBN 9780521762465 Reiner, R., The Politics of the Police, (2nd Ed) Pearson, ISBN 0745009592, Ch 6 in regard to accountability. Romano C.R.P., The Sword and the Scales – the US and International Courts and Tribunals (2010) CUP ISBN 9780521728713 Kichaisaree, K., International Criminal Law, (2001) Oxford University Press, ISBN 018765770, Chs 1, 2 and 6.

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Cassese, A., International Criminal Law (2003), Oxford University Press, ISBN 0199259119, Ch 7. Recommended electives Students are recommended to consider taking, with the core module, one or more of the following modules: Fraud and Financial Crime, the Law of Investigations, Chinese Public Law and Human Rights and Corporate Securities Law

3. Commercial Law – (Code 7049) Module Leader:

Mr Dominic Thomas-James


The commercial law course combines an analysis of advanced contract law principles, agency law, sale of goods law and more contemporary areas such as the role of unfair contract terms legislation, distance marketing and selling regulation and international commercial arbitration. An understanding of the law included within this module, combined with the use of real-life scenarios to provide commercial context, will develop the students’ ability to advise on complex commercial transactions as well as comprehend the way that a business may behave in order to limit or (where possible) eliminate its exposure. Key issues discussed in this course include an overview of the legal principles in relation to offer, acceptance, consideration and intention to create legal relations, the termination of commercial contracts including a discussion of repudiatory breach, an introduction to the use that businesses make of exclusion and limitation of liability clauses and an outline of the law applicable to the validity of such clauses, the statutory foundations of sale of goods law and the ways that goods are classified, a discussion of why it is so important to be able to establish when ownership passes (including goods that perish and risk) and the overlap with frustration, an overview of the provisions of Ss 12-15 of the Sale of Goods Act 1979 (implied conditions and warranties), an outline and review of Consumer Protection law as it applies to distance selling, a review of an agent’s authority and the different classifications of agency arrangements – including an introduction to the main provisions of the Commercial Agent regulations, and

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an introduction to international commercial arbitration as opposed to other methods of alternative dispute resolution for commercial disputes.


A student who successfully passes the Memorandum of Advice (30% of the assessment) and the unseen examination (70% of the assessment) is expected to

• Acquire a detailed knowledge and understanding of selected key principles, rules and concepts of commercial law in the UK, including their application in a practical context and to complex fact scenarios;

• Evaluate the extent to which commercial law has adapted to the modern business environment in relation to those subjects within the syllabus;

• Investigate and discuss selected proposed reforms in commercial law; • Research and analyse current issues in commercial law and to research the law of other jurisdictions in order to undertake a

comparative analysis with UK law; • Develop the practical and cognitive skills appropriate for practice in commercial law; and • Develop the transferable skills appropriate for general professional employment.

Syllabus

Formation of Commercial Contracts Breach and Termination in Commercial Contracts Remedies in Commercial Contracts Unfair Contract Terms Transfer of Property and Risk in Sale of Goods Introduction to the statutory foundations of sale of goods law and the manner in which goods are classified Breach and Remedies in Sale of Goods Law

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Reservation of Title Clause Credit and Security in Commercial Transactions Agency: Definition of an Agency Agreement The Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 International Commercial Arbitration

Reading and VLE Material

Most of the Units have dedicated ‘Cases and Materials’ on the VLE, each of which contains an edited version of the relevant texts, cases, and articles.

Students are also encouraged to read the latest editions of the major treatises in this area, which are mentioned below:

Adams, J and Brownsword, R , Understanding contract law (Sweet and Maxwell)

Atiyah, P , The sale of goods (Pearson)

Beatson J, Ansons’s Law of Contract (OUP) 2010

Benjamin, J , Benjamin’s sale of goods (Sweet and Maxwell)

Bowstead and Reynolds, Bowstead and Reynolds on agency (Sweet and Maxwell)

Chitty, Chitty on contracts (Sweet and Maxwell)

Christou, R, Drafting commercial agreements (Sweet and Maxwell)

Goode, R, Commercial law (Butterworths)

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Sealy, L and Hooley, R, Commercial law: text, cases and materials (Butterworths)

Stone, R (2005), The modern law of contract (Cavendish)

Recommended electives Students are recommended to consider taking, with the core module, one or more of the following modules: Comparative Commercial Law, the Law of Business Organisations and Advanced Corporate Law.

4. Fraud and Financial Crime – (Code 7054) Module Leader: Professor Barry Rider Description of the Module The exposure of banks and other financial institutions to the risk of fraud and other financial crimes is one of the mores significant issues in regard to the accounting for operational risk under Basle 11. The response by intergovernmental and national agencies to the threats posed by economically motivated crime and in particular organised crime, as well as terrorist organisations, to place ever increasing burdens on those who mind other peoples’ wealth to assist in the identification and interdiction of criminal property has had a significant impact on the way in which financial and other businesses operate. The obligation on those in senior management to actively engage in the protection of wealth vis a vis the actions of those for whom they have a supervisory or employment responsibility has also had a major impact on many areas of the law. This module will draw together issues relating to the substantive law, both criminal and civil, regulatory practice and compliance providing students with knowledge of an increasingly important area of practice and risk management. While the law will be primarily that of the United Kingdom there will be extensive reference to the impact of US law, as applied on an extra-territorial basis.

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Learning Objectives and Outcomes To provide candidates with the opportunity to:

• Analyse and develop a thorough understanding of the theoretical justifications of the law relation to fraud, corruption and other abuses, and the significance of their control in the business sector.

• Develop a detailed understanding of the fundamental principles of prevention, interdiction and control of financial crime and in particular the impact on other areas of the law and practise.

• Focus in depth on selected current issues of practical significance to the identification, control and management of risk associated with economically motivated financial crime.

• Place the UK law in the international context, and develop understanding of some of the current international issues in the control and interdiction of serious financial and economically related crime.

• Develop and apply an understanding of the relevant law and regulations in a practical commercial, business and financial context

• Develop the practical and cognitive skills appropriate for practice in commercial and business law • Develop the transferable skills appropriate for general professional employment

Syllabus The characteristics of financial crime control Theories of white collar and organized crime Management responsibility for the prevention and control of financial crime Economically motivated crime Organized Economic Crime Crimes of Dishonesty Comparative analysis of fraud related offences Insider dealing and market abuse

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Corporate Crime Fraud and abuse in the financial market Money laundering and criminal property Terrorist related finance Facilitator liability Disrupting serious crime Corruption and bribery related offences International financial crime Offshore centers and the role of financial intermediaries Computer assisted and related crime Financial Crime, compliance and governance Investigation and prosecution of financial crime Civil and administrative enforcement International investigations and international mutual assistance Civil fraud and recovery Restitution


Most of the material to which reference should be made will be available on the VLE or provided in a CD. However, additional recommended reading would include the relevant passages in:

Paul Allen Scott: Reference Guide to Anti-Money Laundering and Combating the Financing of Terrorism (2003) The World Bank

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Janet Ulph: Commercial Fraud – Civil Liability, Human Rights and Money Laundering (2006) Oxford University Press ISBN 0-19-826867-X Alldridge, Money Laundering Law (2003) Hart, ISBN 9781841132648 Neal Shover and Andy Hochstetler: Choosing White Collar Crime (2006), Cambridge University Press ISBN -10 0-521-66554-X Arlidge and Parry on Fraud (3rd Ed), (2007) Sweet & Maxwell, ISBN 978 0 421 89210-1 Misha Glenny: McMafia – Crime without Frontiers (2008), Bodley Head ISBN 13 9780224075039 Angela Veng Mei Leong; The Disruption of International Organised Crime – An Analysis of Legal and Non-Legal Strategies, (2007) Ashgate Publishing, ISBN 13 9780754670667 Holmes L., Terrorism, Organised Crime and Corruption, (2007), Edward Elgar, ISBN 9781845425371 Blair W and Brent W, Banks and Financial Crime (2008) Oxford ISBN 978019921724 Masciandaro D. et al, Black Finance (2007) Edward Elgar, ISBN 9781843769514 Millington T and Sutherland Williams M., The Proceeds of Crime (2nd Ed 2007) Oxford ISBN 9780199298648 Smith, Owens and Bodnar, Asset Recovery and Criminal Confiscation and Civil Recovery (2007) Oxford ISBN 9780199298983 Society for Advanced Legal Studies (Lord Steel and Sir Richard Scott), Banking on Corruption, The Legal Responsibilities of Those Who Handle the Proceeds of Corruption, (2000) SALS, London, Abadinsky, H., Organised Crime, (3rd Ed), Nelson-Hall, ISBN 0830412344 Furnell, S., Cybercrime – Vandalizing the Information Society, (2002), Pearson,ISBN 0201721597 Holder J. and Lee M., Environmental Protection Law and Policy, (2nd Ed, 2006), CUP, ISBN 978052169026

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Ashworth, A., Human Rights, Serious Crime and Criminal Procedure, (2002) Sweet and Maxwell, ISBN 0421783001 Young, S., Civil Forfeiture of Criminal Property (2008) Edward Elgar, ISBN 978184720862 Hinterseer, K., Criminal Finance, The Political Economy of Money Laundering in a Comparative Legal Context, (2002), Kluwer, ISBN 9041198644 Raphael, M., Blackstone’s Guide to the Bribery Act 2010, (2010) Oxford, ISBN 9780199579785 Rider, B. (ed.), Money Laundering Control, (1996), Round Hall, Sweet and Maxwell, ISBN 189973823 Society for Advanced Legal Studies, (Ross Cranston), The Funding of Terror – the Legal Implications of the Financial War on Terror, (2002), SALS, London. Pearce, F. and Snider, L. (eds), Corporate Crime – Contemporary Debates, (1995), University of Toronto Press, ISBN 0802076211, Chs 1, 7, 8 and 9. Pieth M., Low L. and Cullen P., The OECD Convention on Bribery (2007) CUP, ISBN 9780521868174. . Rider, B. (ed.), Corruption – The Enemy Within, (1997), Kluwer, ISBN 9041107124 J. Kelly Strader and Sandra F. Jordan: White Collar Crime, cases, Materials and Problems (2005), Lexis Nexis ISBN 0820562041

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5. International Business Law – (Code 7055) Module Leader: Dr Richard Alexander Description of the Module

The objective of the module is to familiarise you with key legal issues that arise in the context of international business. The defining nature of this subject is that the legal transaction involves a cross-border element and is entered into by both parties in order to make a profit. The lectures and seminars will consider a range of topics and interactions that fulfil these criteria. This will provide the student with a good grounding in issues that he or she may encounter in various areas of international practice. This module also considers a range of international institutions, which are crucial participants in providing the legal framework. Learning Objectives and Outcomes At the end of the module, students will be expected to have an understanding of the following:

• The international instruments, such as conventions and model laws that provide a framework for harmonising the legal rules for international business.

• The role played by leading international institutions. • The international measures providing a resolution of a conflict of laws. • The international measures relating to the sale and carriage of goods. • The particular challenges that can arise when carrying on a business involving another jurisdiction. • The legal aspects of foreign direct investment. • The core principles of Islamic (shari’a) business law. • Regulatory risks involved in cross-border business • Alternative dispute resolution mechanisms in the context of international business

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Syllabus

Sources and institutions of international business law Conflicts of laws Multilateral trade agreements, including the Uniform Commercial Code Instruments and institutions for the harmonisation of business laws The harmonisation process and the harmonisation of contract law International sales contracts and the provisions relating to the international carriage of goods. Financing of international trade Law relating to foreign investment International business transactions in Islamic law WTO and UN Convention on the International Sale of Goods Regulatory risks in international trade Litigation in the context of international business Insolvency in the context of international business Dispute resolution

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The key text book is Ewan McKendrick and Roy Goode, “Goode on Commercial Law”, 4th edition (2010) Penguin

Key materials, including journal articles, texts of international conventions, statutes, cases and the like will all be provided via the VLE. Recommended electives Students are recommended to consider taking, with the core module, one or more of the following modules: Corporate Finance Law, Advanced Corporate Law and Comparative Commercial Law 6. Comparative Commercial Law – (Code 7123) Module Leader: Professor Chizu Nakajima Description of the module Comparative law is one of the most established and significant areas of legal study. It is relevant not only in the development and refinement of legal concepts and thus, law reform, but also in fostering a deep understanding of the relevance of norms in specific and comparable legal systems. In many respects it is a core area of study, particularly for advanced legal study (Masters level and above) and in facilitating many pertinent legal skills, particularly for those engaged in trans-national legal issues. This new Core module in comparative commercial law is taught as essentially a ‘gate-way’ to the more specific analysis – on a comparative basis, of particular areas of law. While the topics and issues that are examined involve conceptual analysis at a high intellectual level, the course is specifically designed for those who in a practical way are concerned with the practice and operation of law on a trans-national basis. Consequently the course will be of particular interest to lawyers and other practitioners in the justice system who need to have familiarity with other systems of law and an ability to operate within them.

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Learning Objectives and Outcomes To provide candidates with the opportunity to, within the context of selected practically relevant aspects of commercial law, to

• Analyse and develop a thorough understanding of comparative legal studies – including in the context of historical, social and political development.

• Develop a detailed understanding of the fundamental principles, in comparative terms of relevant areas of different (principal) legal systems and traditions.

• Develop an understanding of the role of comparative legal studies in the development (reform); analysis, articulation and application of legal norms in selected areas.

• Focus in depth on selected current issues of practical significance in comparative legal development. • To develop a knowledge of and to appreciate the significance of the workings of different legal systems. • Develop and apply an understanding of the relevant law from a comparative perspective (by way of example) in certain

selected legal areas. • Develop the practical and cognitive skills appropriate for practice as a comparative lawyer. • Develop the transferable skills appropriate for general professional employment

Syllabus The significance of comparative law and its techniques in the broad context of commercial activity, the common law traditions and in particular the development of law in the Commonwealth, the Civilian legal traditions and mixed jurisdictions such as China and Japan, Islamic law, Roman Dutch law, the impact of transition and development particularly in the post Communist era and the standardisation of law. Specific legal issues – such as the consequences of a breach of contract or a breach of duty based on a relationship of good faith will be examined in the context of these different legal environments – thereby providing a very practical approach to the analysis of different legal systems. The significance of comparative law and comparative analysis Sources of comparative commercial law Relationship of comparative law to international law Contextual approach to comparative commercial law

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Comparative law and institutional and procedural issues in the practice of law The common law tradition The Commonwealth and heritage of Imperial Law Civilian Systems of Law (primarily French) The operation of law and its administration in civilian jurisdictions Mixed systems of law (primarily Japan, the Philippines, Indonesia) The role of comparative law in law making Communist and Socialist legal systems (primarily China) The rule of law (case study of Russia) Islamic law Roman Dutch legal systems Comparative law in development and its role in transition states Comparative law within the European Community Standardisation of law New issues in comparative law Reading and VLE Material A considerable amount of reading material relevant to the lectures and seminars is available on the VLE. However, the following material will also be of assistance. Recommended book M. Reimann and R. Zimmerman (eds), The Oxford Handbook of Comparative Law, (2006) Oxford,

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Additional Reading Amartya Sen, The Idea of Justice (2009) Penguin, Pt 1. James Gordley and Arthur Von Mehren, An Introduction to the Comparative Study of Private Law (2006) Cambridge University Press (4 Copies) Patrick Glenn, Legal Traditions of the World (4th Ed), Oxford Ronald Dworkin, Law’s Empire, (1986) Hart Andrew Harding and Esin Orucu (Eds), Comparative Law in the 21st Century, (2002) Kluwer H.L.A. Hart, The Concept of Law, (1961) Oxford, Chs 3, 5, 6 and 10 K. Zweigert an d H. Kotz, An Introduction to Comparative Law (3rd Ed), Oxford Stefan Frommel and Barry Rider (Eds), Conflicting Legal Cultures in Commercial Arbitration (1999), Kluwer William Twining, Globalisation and Legal Theory, (2000) Butterworths D. Goldman, Globalisation and the Western Legal Tradition, (2007) Cambridge Alexander R., Insider Dealing and Money Laundering in the EU: Law and Regulation, (2006) Ashgate Brock G., Global Justice, (2009) Oxford Brierley D., Major Legal Systems in the World Today (3rd Ed.), Stevens Clarke T. (2007), International Corporate Governance: A Comparative Approach (Routledge-Cavendish)

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De Cruz (eds) (2007), Comparative Law in a Changing World (Routledge-Cavendish) Dine, J. (2005), Companies, International Trade and Human Rights (Cambridge University Press) Fazio, S. (2007), The Harmonization of International Commercial Law (Wolters Kluwer) Goode R., Kronke H. and McKendrick E. (2007), Transnational Commercial Law: Text, Cases and Materials (Oxford University Press) Kraakman R et al. (2004), The Anatomy of Corporate Law: A Comparative and Functional Approach (Oxford University Press) Menski, W (eds) (2006), Comparative Law in a Global Context (Cambridge University Press) Youngs R., English, French and German Comparative Law, (2nd Ed) Routledge Cavendish Steiner E., French Law – A Comparative Approach, (2010) Oxford Dalhuisen J.H. (2007), Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law (Hart) Vranken, M., Fundamentals of European Civil Law (3rd Ed) Federation Press Bonfield L., American Law and the American Legal System (2006) West Barnham W., Introduction to the Law and the Legal System of the US, (4th Ed, 2006) West Pinto A. and Branson D., Understanding Corporate Law (2nd Ed) LexisNexis Hamilton R., The Law of Corporations, (8th Ed) West Steinberg M., Understanding Securities Law (3rd Ed) LexisNexis

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Dean, M. (2002), 2nd edn.), Japanese Legal System, Cavendish Publishing Limited Nakajima, C. (1999), Conflicts of Interest and Duty: A Comparative Analysis in Anglo-Japanese Law (Kluwer Law International) Rider, B.A.K. et al (eds.) (1998) Commercial Law in a Global Context: Some Perspectives in Anglo-Japanese Law (Kluwer Law International) W.B. Hallaq, The Origins and Evolution of Islamic Law, (2005) Cambridge Mohammad Hashim Kamali, Principles of Islamic Jurisprudence (3rd Ed) (2003), The Islamic Texts Society

Chenguang Wang and Xianchu Zhang, Introduction to Chinese law (Sweet & Maxwell Asia, 1997).

Barry Rider, Yan Haitung and Lihong Xing, International Economic Crime Law – a Chinese Perspective (China Finance Publishing House PBOC 2010)

China's Journey Toward the Rule of Law: Legal Reform, 1978-2008 (Leiden: Brill, 2010).

Randall P. Peerenboom, China's long march toward rule of law (Cambridge University Press, 2002).

Economic Analysis of Law in China (Cheltenham: Edward Elgar, 2007).

Law-Making in the People's Republic of China (The Hague: Kluwer Law International, 2000).

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Recommended electives Students are recommended to consider taking, with the core module, one or more of the following modules: Commercial Law, Chinese Business Law, Chinese Investment and Finance Law, Islamic Finance Law, Islamic Business Law, Advanced Corporate Law and Corporate Securities Law Note Those students who wish to consider the law in a jurisdiction other than that of England and Wales in their dissertation are strongly advised to take Comparative Commercial Law as their core module. 7. Advanced Corporate Law – (Code 7051) Module Leader:

Professor Chizu Nakajima


This module will examine the legal and regulatory issues that are of special significance to corporations operating across national borders. Multinational corporations (MNCs), in terms of their size, financial clout and ability to operate in some respects beyond the reach of domestic law, give rise to a number of significant legal, economic and social issues. Having recognised the need for specific and special analysis of such issues, the United Nations, the OECD, the EU and others have been leading numerous international and regional initiatives, which have led to the adoption of national legislation, related regulation and best practice. This module will focus on multinational corporate activity from the perspective of responsible business conduct and will address such issues as corporate governance, corporate social responsibility, business ethics, codes of conduct, transparency and accountability, and legal risk mitigation. As the globalisation of business continues, it is vital for legal practitioners not only to have an in-depth understanding of relevant legal issues but also to be equipped with multifaceted business perspectives from which to advise MNCs in dealing with legal issues in a responsible manner that is fit for 21st Century enterprises.

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The objective of the module is to introduce participants to the world of MNCs: how they operate externally - impact of their activities on the community and the world economy, and internally - accountability to shareholders, control of management and employee relations; legal issues resulting from increasing international, regional and national moves to regulate all spheres of MNCs activity, including the importance of developing internal control and compliance mechanisms in response to the increasing legal risk exposure. Learning Objectives and Outcomes To provide candidates with the opportunity to, within the context of selected practically relevant aspects of advanced corporate law, To:

• Analyse and develop a thorough understanding of certain aspects of corporate law and practice in the context of historical, social and political developments.

• Develop a detailed understanding of the fundamental principles of law relating to certain (practically important) issues in the establishment and operation of, in particular, multinational corporations and, in particular, their governance and wider social responsibilities.

• Develop an understanding of the practical legal issues that arise in relation the operation of multinational corporations in an international environment.

• Focus, in depth, on selected current issues of practical significance in the governance and operation of multinational corporations.

• Develop a knowledge of and to appreciate the significance of the workings of different legal systems and how they relate to corporations, particularly in areas of wider social and economic significance.

• Develop and apply an understanding of the relevant law from a comparative perspective (by way of example) in addressing practical issues.

• Develop the practical and cognitive skills appropriate for practice as a corporate lawyer and adviser. • Develop the transferable skills appropriate for general professional employment.

Syllabus The legal character of multinational corporations and the social, political and economic context within which they operate

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The significance and content of governance The significance and content of corporate social responsibility Theories of corporate governance Stakeholders and multinational enterprises – who they are and what are their interests and what protection is afforded and to whom? Multinationals and the financial markets Multinationals and issues of taxation Corporate governance – from the perspective of legal practitioners Corporate governance – from the perspective of regulators Corporate governance – from the perspective of business (and investors) Corporate governance case studies (in different legal contexts and jurisdictions) International initiatives (i.e. UN Global Compact and OECD Guidelines) The role and impact of the Inter-governmental organisations The responsibilities of boards and management Multinationals and development Multinationals and issues related to integrity Law reform and development of further trans-national initiatives Reading material and the VLE A considerable amount of reading material relevant to the lectures and seminars is available on the VLE. However, the following material will also be of assistance. Boeger, N & Murray R & Villiers C 92008), Perspectives on Corporate Social Responsibility (Edward Elgar)

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Borman-Larsen and Wiggen O (Eds) (2004), Responsibility in World Business, Managing Harmful Side-effects of Corporate Activity (United Nations University) Clarke T. (2007), International Corporate Governance: A Comparative Approach (Routledge-Cavendish) Dine, J., (2000), The Governance of Corporate Groups (Cambridge University Press) McBarnet, D.; Voiculescu A. and Campbell T. (2007), The New Corporate Accountability – Corporate Social Responsibility and the Law (Cambridge University Press) Muchlinski, P T (eds) (2007), Multinational Enterprises & the Law (Oxford University Press) Pieth M., Low L. and Cullen P., (2007), The OECD Convention on Bribery (CUP) Tully, S. (2005), Research Handbook on Corporate Legal Responsibility (Edward Elgar)

8. Business Organisations Law – (Code 7057)

Module Leader:

Dr Richard Alexander

Description of the Module The Business Organisations Law module provides an in-depth coverage of the principles relating to sole traders, partnerships and, in particular, companies, principally in modern English law, but also in the United States. Relevant legislation and case law to the running of business entities are considered, including those relating to issues of corporate governance. The module cannot be considered to be a simple programme in company law, comparable with those found in other law schools. It is distinguished by its breadth of coverage, including English partnerships, Delaware corporations and the legal requirements with regard to offering

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securities to the public (in both the United Kingdom and the United States), but, even more significantly, by the perspective behind its teaching. It is taught from very much a practical perspective – how the principles translate into the real world of business. Learning Objectives and Outcomes At the end of the module, students will be expected to have an understanding of the following:

• The different forms of business organisations and the key characteristics of how they differ from each other • The principles for incorporating a company / corporation in, respectively, England & Wales and the U.S. state of Delaware • The respective role of directors and shareholders in the control of the company (in both jurisdictions) • The legal / regulatory requirements for raising capital from the public under, respectively, the laws of the United Kingdom

and U.S. Federal law • The laws controlling insider dealing and market manipulation

Syllabus The syllabus is based on English law unless otherwise stated and comprises: Introduction to the module and identification of various business vehicles The company as a legal person, corporate actions, and the implications of limitation of liability Role of shareholders and corporate meetings Capital, shares and dividends. Directors’ duties Takeovers Flotation of companies Insider dealing and market manipulation Process of registration of corporations under Delaware law

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Registration of corporate securities offerings under U.S. Federal law Role and duties of directors under Delaware law Reading and VLE Material The prescribed textbook for this course is Gower and Davies, Principles of Company law, 9th Edition. Students will also be expected to read specified parts of UK and Delaware statutes and specified cases, cited on the VLE. Further readings, including academic articles, will be displayed on the VLE. 9. Corporate Finance Law – (Code 7053) Module Leader: Dr Jacob Baylon Schumacher Description of the module

The module aims to provide both an in depth examiniation of corporate financial law in the United Kingdom. This course seeks to provide you with an indepth examination of the law governing the raising of capital for companies in the United Kingdom. This course examines major bodies of law and theories pertaining to corporate financial law in the UK, the underlying rationale that has led to the development of corporate financial laws and regulations, and the specific law and regulations that govern both the activities and instruments involved in corporate finance. By the end of this module, you should be well versed in the law, theories, and financial instruments relevant to corporate financial activities that should allow you the ability to assist your future clients who seek to raise funds to use in their course of business.

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List of topics: Theory of Corporate Finance and the Law Financing Options for Firms Share Capital Investor Protection Ordinary and Syndicated Lending Taking Security Debt Securities Securitisation Corporate insolvency law Learning Objectives and Outcomes A student who successfully passes the Memorandum of Advice (30% of the assessment) and the unseen examination (70% of the assessment) is expected to:

• To understand how corporate financial law is defined and how the unique nature of the corporation expands the options for raising capital.

• To demonstrate a working understanding of important financial and economic theories in corporate finance that have influenced the characteristics and development of corporate financial law and regulations.

• To identify, analyse, and distinguish the important financial instruments used by businesses to conduct corporate finance. • To identify, analyse, and distinguish the important legal requirements placed on the main corporate financial instruments. • To evaluate critically the methods available to investors and creditors to protect their invested capital. • To understand how securities markets allow for businesses to raise capital and how they are regulated in the UK.

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Syllabus

Week 1 – Theory of Corporate Finance and the Law Lecture 1 – Introduction The lecture introduces the course by examining corporate finance as an investment activity. The lecture also examines how the concept of corporate financial law is to be viewed in the course. Seminar 1 – Corporate Finance and the Law The seminar examines relevant and important theories of corporate finance for the course; Modigliani Miller and Agency theory. From there, the components and sources of Corporate Financial Law are examined and detailed. Week 2 – Financing Options for Firms Lecture 2 – Overview of Financing Options The lecture surveys the basic sources of finance used by companies to finance their operations; Equity, Debt, Hybrids, and Retained Profits. Specific financing instruments in each category are introduced for further examination. Seminar 2 – Relationship between Equity and Debt This seminar examines the relationship between Equity and Debt in a solvent company. Case law and issues regarding the position of shareholders and creditors is examined in detail. Week 3 – Share Capital pt. 1 – Legal Capital Lecture 3 – Overview of Legal Capital This lecture provides an overview of the law regarding the legal nature of shares and the formation of share capital. Seminar 3 – Legal Capital and the Law The seminar details the various statutory requirements placed on the formation of share capital. Laws and regulations governing par value of shares, share premiums, allotted and issued share capital, and payment for shares are examined in detail.

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Week 4 – Share Capital pt. 2 – Investor Protection, Capital Maintenance & Dividends Lecture 4 – Investor Protection and Legal Capital This lecture continues the examination of Equity financing by considering issues of investor protection and their incorporation into the regulation of limited liability companies. Seminar 4 – Capital Maintenance and Dividends The seminar details the law and regulations governing capital maintenance and dividends. Both are examined in detail with reference to specific legal requirements and their role as investor protection mechanisms. Week 5 – Share Capital pt. 3 – Stock Markets, Prospectus Requirements, & Listing Regulations Lecture 5 – Stock Exchanges The lecture provides an overview of the Main Market and Alternative Investment Stock Markets of the London Stock Exchange (LSE), the New York Stock Exchange, and the NASDAQ. Also examines the economic rationale for their regulation and the fundamentals of UK Securities Law. Seminar 5 – Listing Requirements Seminar discusses the regulations governing the listing of stocks on UK stock exchanges. Examination of the law governing prospectuses, the official listing and maintenance of securities on exchanges, and liabilities for securities issues is also conducted. Reading Week Week 6 – Debt Financing pt. 1 – Term and Syndicated Lending Lecture 6 – Term and Syndicated Lending This lecture examines the law on term loans and syndicated loans as a financing option for firms. Seminar 6 - Term and Syndicated Lending – Constituent Elements This seminar examines the constituent elements of term and syndicated loans.

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Week 7 – Debt Financing pt. 2 – Taking Security Lecture 7–Taking Security - Overview The lecture examines the different methods available to creditors to take security – pledge, liens, legal mortgage, equitable mortgage, fixed charge, and floating charge. Seminar 7 – Taking Security – Covenants in Term and Syndicated Loans The seminar builds on the previous lecture by considering the different types of security in the cases of ordinary and syndicated loans. The judgement of the House of Lords in In re Spectrum Plus (Ltd) [2005] UKHL 41, 2 AC 680 is examined to detail the distinguishing characteristics of a fixed and floating charge. Week 8 – Debt Financing pt. 3 – Debt Securities Lecture 8 – Debt Securities This lecture examines the nature and features of debt securities (bonds) as a financing option for firms. The distinction between loans and debt securities as well as the regulatory regime covering their issue is examined. Seminar 8 – Regulations on the issuance and maintenance of debt securities This seminar examines the regulation of debt securities in their initial issuance and ongoing regulation. Disclosure requirements and the role of the bond issue trustee are examined in detail. The Court of Appeal's judgement in Joined Cases Elektrim S.A. v Vivendi Holdings I Corp and Law Debenture Trust Corporation plc v Vivendi Holdings I Corp [2008] EWCA Civ 1178 is described and explained. Week 9 – Structured Finance Lecture 9 – Structured Finance This lecture provides an overview of the main forms of structured finance and the legal concepts applied in putting together a structured finance transaction. Seminar 9 – Structured Finance The seminar provides an overview of the methods that can be used to finance and reduce bank balance sheets. The seminar is divided into three sections: financing bank assets, transferring assets from a bank balance sheet and a practical session producing

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a loan sale/novation term sheet. The seminar builds upon concepts introduced in the lecture including the use of special purpose vehicles, bankruptcy remoteness, and the concept of true sale. Week 10 – Insolvency Lecture 10 - Insolvency This lecture considers the principles of corporate insolvency law, and the corporate insolvency regimes that operate under the Insolvency Act 1986 and the Companies Act 2006. Seminar 10 - Insolvency The seminar discusses whether there should be a single territory's court and law governing the insolvency of the debtor, or whether parallel proceedings to regulate the disposal of local assets should be permitted. It considers the UNCITRAL Model Law as a force for co-operation between courts in international insolvency proceedings, and considers the effect of Council Regulation 1346/2000 on the harmonisation of cross-border insolvency proceedings within the European Union. Reading and VLE Material The reading material provides detail on the topics that are in the syllabus and covered in the teaching presentations.

The three main text books are as follows.

Ferran, E.,and Ho,L.C. (2014), Principles of Corporate Finance Law, Second Edition (Oxford: Oxford University Press), ISBN 978-0-199-67135-9.

Hudson, A. (2013), The Law of Finance, Second Edition (London: Sweet & Maxwell), ISBN 978-0-414-02764-0.

Calnan, R. (2013), Taking Security: Law and Practice, Third Edition, (Bristol: Jordan Publishing Ltd.), ISBN 978-1-846-61738-6.

Other items on the reading list consider specific topics, such as the following.

Debt and Equity Variants; Hybrids

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Coyle, B. (2004), Hybrid Financial Instruments (Risk Management/Debt and Equity Markets), (Financial World Publishing), ISBN 978-0-852-97457-5.

Insolvency Law

Finch, V. (2009), Insolvency Law: Perspectives and Principles, Second Edition (Cambridge: Cambridge University Press), ISBN 978-0-521-70182-2.

Goode, R. (2011), Principles of Corporate Insolvency Law, Fourth Edition (London: Cambridge University Press), ISBN 978-0414047877.

The VLE contains legislation, cases, articles and other items that are relevant readings for the Corporate Finance Law syllabus.

10. UK and International Banking Law – (Code 7056) Module Leader: Professor Andrew Haynes Description of the module Banking law is a subject of prime importance because of the key role it plays in the financing of business and the economy. Many of these activities are not domestic but international in nature and so we need to consider the legal aspects of the financial instruments that the banks utilise internationally as well. The subject of this module is therefore the legal aspects of the key transactions with which banks engage on both the national and international markets.

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List of topics: An introduction to the law relating to banking with a brief overview of Islamic banking plus also cross referencing to the module relating to the regulation of banks. The bank-customer relationship Term lending documentation Security and Guarantees for loans Syndicated lending Transfer of loans by banks Bond Issues Securitisation Derivatives including netting and the ISADA Master Agreement Sovereign risk Conflicts and Jurisdiction issues (briefly).


A student who successfully passes the Memorandum of Advice (30% of the assessment) and the unseen examination (70% of the assessment) is expected to

• Possess a good knowledge of the core elements of the banking system and banking law in the UK. • Be able to critically analyse the contents of term lending documentation • Be able to explain and structure a security arrangement • Be able to critically analyse the legal issues involved with guarantees • Be able to critically analyse the legal risks to the arranger and agent bank in an international syndicated loan. • To understand the various types of bond issues and the legal issues arising in relation to the parties involved. • To be able to explain and critically analyse the types of securitisation structure that are used. • Understand the role of the special purpose vehicle in a classical securitisation arrangement. • To be able to explain the legal nature and utilisation of derivative contracts • To be able to explain the key issues arising from the standard documentation utilised in relation to derivatives.

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Syllabus

Week one

The aims, objectives and contents of the course. Why these elements make up the module. How we will examine the contents. The assessment regime, what it will entail and how it will be marked. The nature of banks and the functioning of the banking system Term lending – the nature, mechanics and contents of typical bank lending documentation. Details of loan and drawdown, conditions precedent, representations and warranties, covenants, events of default, termination events and fees. Seminar one An exercise on the effectiveness of key clauses and the risks remaining Week two

Term lending 2 – security in international term loans, guarantees and set off

Seminar two

An exercise on putting together a cross border security structure and an explanation of the risks and issues it is necessary to manage.

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Week three

Syndicated lending – process of arranging the syndicate. The contents of term sheets and the information memorandum. The risks for the arranging bank in terms of misrepresentation and negligence. The effectiveness of exclusion clauses. The risks for the agent bank.

Seminar three

An exercise on the legal risks facing an arranging bank and the extent to which these can be controlled.

Week four

Secondary syndication – loan transfer: novation, sub-participation, legal assignment, equitable assignment, risk participation and trust vehicles

Seminar four

An exercise requiring the students to determine the merits and demerits of each approach

Week five

Bond Issues (briefly). The different types of issue, key parties and negotiability. An introduction to securitisation.

Seminar five

An exercise requiring the explanation of the different bond issuing methodologies and the reasons for their respective usefulness.

An exercise requiring an explanation of the methodology for creating a securitisation structure and the advantages of doing so.

Week six

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Secondary securitisation continued. An examination of special purpose vehicles and entities. The credit and liquidity risks associated with securitisation structures. Synthetic securitisation and credit ratings.

Seminar six

Exercises enabling students to understand how and why these structures work and the risks involved.

Week seven

Derivatives part one. The nature and types of derivative, ie futures, options and contracts for differences. Over the counter and exchange traded derivatives. Their use. Risks involved and the use of netting to reduce financial exposure.

Seminar seven

Exercises requiring the students to develop a comprehension of how such instruments work and the legal and financial risks involved.

Week eight

Derivatives part two. The ISDA Master Agreements, their contents, impact and importance. Plus the Credit Support Deed.

Seminar eight

Exercises requiring the students to display an understanding of the key clauses in the agreements and their importance and limitations.

Week nine

Sovereign risk. How can the immunity of sovereigns impact on borrowing and derivative contracts. To what extent can contractual waivers assist. What is the relevant law?

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Seminar nine

An exercise analysing sovereign risks and the clauses that can be used in the documentation to minimise risk.

Week ten.

Governing law (briefly) Explanation of the relevant law and how and why such choices are made. What if there is no choice

Jurisdiction (briefly). An explanation on the laws relating to the choice of jurisdiction and how and why these clauses are added.

Revision

Seminar ten

An exercise requiring the students to be able to explain how these two issues can best be dealt with by the insertion of appropriate clauses in loan agreements, bonds and derivative contracts.

Revision exercises.

Reading and VLE Material A more detailed list will be provided on the VLE but the core reading will be as follows. Books Haynes, A The Law Relating to International Banking. Published Bloomsbury Professional 2010. Bonsall. Securitisation. Butterworths. 1990 Davies & Worthington, Gower & Davies Principles of Modern Company Law (9th ed). Sweet & Maxwell 2012 Ferran. Mortgage Securitisation: Legal Aspects. Butterworths. 1992 Securitisation. Euromoney. 1992 Goris. The Legal Aspect of Swaps. Graham and Trotman Hudson. The Law on Financial Derivatives. Sweet & Maxwell. Hudson. Credit Derivatives. Sweet & Maxwell Tennekoon. Chapters 3, 4 and 5 The Law and Regulation of International Finance. Wood. Sharing Clauses in Syndicated Loan Agreements. International Financial Law 279

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Articles Barreca and others. Impact of the cessation of payments and relation-back period loans, securities and transaction. 4 JIBL [1997] 132 Brethel Jones. Contracting out of set-off rights. 10 JIBL 428 Boardman and Crostwait. Wither the negative pledge. 3 JIBL [1986] 162 Bradley. Insolvency and Syndicated Lending. JIBL 1992. 486 Wells and Takayama. Japan’s new receivables securitisation law. 8 JOBL 1993 387 Carssten-Thomas and others. Rescheduling of the Sovereign debt: a new role for the Paris Club. [1995] 7 JIBL 280 Delaume. Setting off bank deposits against the debts of a foreign central bank. [1997] 1 JIBL 37 Johnson. Jursidiction and Choice of Law in claims for restitution. JIBL [1999] 253 Documents Loan Market Association – Sample Multicurrency and revolving facilities agreement. (Relevant clauses will be provided). Loan Market Association – Sample Multicurrency and revolving facilities agreement. (Relevant clauses will be provided). ISDA Master Agreement (This will be provided) 11. Comparative Corporate Securities Law – (Code 7139) Module Leader: Dr Richard Alexander Description of the Module The module presents key elements of corporate securities law and regulation, both in the United Kingdom and in a range of other jurisdictions. It begins with an overview of the principles of securities law - the different approaches to securities regulation in different jurisdictions (with examples) - before the provisions of specific jurisdictions are examined in rather greater detail. The first

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part of the module focuses on the United Kingdom, although reference is also made to the European Union provisions (at Union level). You will examine the system of authorisation of securities business and the consequences of conducting such business without authorisation, the nature of a regulated market and the control of insider dealing and market manipulation. The module then moves on to look at some of the key provisions of the securities laws of the United States, primarily at Federal level, but also with some reference to state level, and finally to Japan and Mainland China. Learning Objectives and Outcomes At the end of the module, students will be expected to have an understanding of the following:

• The general background to the regulation of corporate securities and the reasons for it. • The different models taken by jurisdictions to the regulation of corporate securities. • The specific background to the regulation of corporate securities in:

o the United Kingdom o the European Union (at Union level) o the United States.

• The “passporting” regime for securities business within the European Union • Key elements of Federal securities law and regulation in the United States. • Key exemptions, at Federal level, from requirement to register offerings of securities.* • Key elements of state-level securities law and regulation in the United States. • The consequences, in private as well as public law, of breach of the securities laws. • An overview of securities law and regulation in selected East Asian jurisdictions.

*The process of registration of an offering of securities with the US Securities and Exchange Commission is covered in the Business Organisations Law module.

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Syllabus Reasons for regulation of securities Models for securities regulation The concept of a regulated market in the UK The EU single market and “passporting” regime Control of insider dealing and market manipulation in the UK Sources of US Federal securities law: statute and regulation Requirement for registration of securities under US Federal law Definition of a security under US Federal law Private offering exemptions under US Federal law Low value offering exemptions under SEC Regulation D Regulation of internet securities business The role of state-level securities law (“blue sky laws”) in the United States Regulation of crowdfunding in the United States Regulation of financial intermediaries in the United States Overview of securities law of Japan and Mainland China Reading and VLE Materials The key textbooks will be: • Alastair Hudson, “The Law of Finance” Second Edition (Sweet and Maxwell) 2013. • Stuart Cohn, “Securities Counselling for Small and Emerging Companies” (2014-2015 edition), Clark Boardman Callaghan.

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Frequent reference will clearly be made to the Securities Act 1933, the Securities and Exchange Act 1934, a number of Rules of the US Securities and Exchange Commission and the case law under it. Key materials will be provided via the VLE. The relevant provisions of the Treaty on the Functioning of the European Union, the Markets in Financial Instruments Directive (recast) and Regulation and Market Abuse Directive (recast) and Regulation will be provided via the VLE. Other applicable provisions will similarly be provided through the VLE. 12. Chinese Business Law – (Code 7124) Module Leader: Ms. Li Hong Xing Description of the module

Chinese Business Law is designed to provide a basic knowledge of the law and practice in the People’s Republic of China relating to the establishment, operation and conduct of business activities. Given the significance of modern China, institutions such as the Chinese Communist Party focuses on the structure and operation of the legal system with particular reference to the constitution and the opening of the economy. The law relating to the negotiation and execution of contracts, seeking compensation for breaches of contract and other civil wrongs, the incorporation and operation of companies and partnerships, obtaining finance and in particular the trading of securities and investor protection, the responsibilities of directors, partners and agents, insolvency and consumer protection are topics covered by lectures and interactive seminars based on case studies. Direct investment into China and the law relating to joint ventures between Chinese and non-Chinese businesses are also considered. No knowledge of the Chinese language is necessary for the successful completion of this course.

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The lectures focus on various areas of Chinese business law including contract law, company law, banking law, corporate law, tax law, customers law, commercial law, investment legislation and intellectual property law. The Course will impart practice orientated knowledge of the following topics with clear learning outcomes:

• Introduction to the Chinese economy and its institutions • The Chinese Legal System • The relevant laws relating to the establishment and operation of businesses • The law within which businesses are required to operate • The raising and trading of capital • Foreign joint ventures and direct inward business investment into China • The conduct of litigation and dispute settlement in China

Specialists in Chinese law are in great demand in every segment of the labour market, for example, in those companies that do business with China, banks, law firms, consultancy firms, governmental organisations, international organisations and in diplomacy. After the course, students would have an appreciation of Western and Chinese business culture. They would be able to understand Chinese business strategies, and be a mediator in Western-Chinese business negotiations, especially in relation to legal issues which arise from doing business in China. This course requires no knowledge of written Chinese or an ability to speak Mandarin. All materials will be in English.

Syllabus

Introduction to Chinese Law in the context of the PLC today Sources of Law and the Chinese Legal System Chinese Property Laws Chinese Contract Law

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Chinese Company Law Chinese Tort Law Consumer Protection Laws Intellectual Property Laws Inward Investment including joint-venture and tax issues Chinese Banking Law as it relates to business Taxation in China as it relates to the conduct of business The Criminal Justice System with particular reference to business crimes Money Laundering and Corruption related issues in China Practical issues in dealing with China Litigation and Enforcement Justice Arbitration and enforcement of judgements Reading and VLE material

Yuanshi Bu, Chinese business law (2010), München : C.H. Beck ; Oxford, U.K. ; Portland, OR : Hart Pub. ; [Baden-Baden] : Nomos

Zhang, Mo, Chinese contract law (2006), theory and practice,. Leiden; Boston: Martinus Nijhoff Publishers.

Randolph, Patrick A. Jr., Chinese real estate law (2001), London : Kluwer Law International.

Zhongfei Zhou, Chinese Banking Law and Foreign Financial Institutions (2001), The Hague ; Boston : Kluwer

Other relevant information:

Information from relevant websites and online resources will be provided for student research and updates on issues relating to

http://lib.soas.ac.uk/search%7ES3?/Ycontract+law+china&SORT=DZ/Ycontract+law+china&SORT=DZ&extended=0&SUBKEY=contract%20law%20china/1%2c16%2c16%2cB/frameset&FF=Ycontract+law+china&SORT=DZ&8%2c8%2c

http://lib.soas.ac.uk/search%7ES3?/dReal+Property+--+China/dreal+property+china/-3%2c-1%2c0%2cB/frameset&FF=dreal+property+china&3%2c%2c18

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Chinese law and business. The VLE has a substantial reading material in English. Linda Asare Annan, Discover China (2010), Wuzhou Media Publishing House.

Working and Winning in China, World Forture 500 CEOs talk about China, China Daily, New World Press (2008).

• http://www.unescap.org • http://www.economist.com • http://www.chinese-embassy.org.uk • http://www.cbbc.org

Mandatory Elective Students registered for an LLM in Chinese Business and Investment Law must take both Chinese Business Law and Chinese Finance and Investment Law. It is recommended that for electives they consider taking Chinese Public Law and Human Rights, Comparative Commercial Law, Advanced Corporate Law and International Business Law. 13. Chinese Finance and Investment Law – (Code 7129) Module Leader: Ms. Li Hong Xing Description of the Module China is probably the most dynamic economy in the world and within the next ten years or so many consider that it will become dominant. Since the Opening of China a decade or so ago the development of China’s legal system and financial sectors has been

http://www.unescap.org/

http://www.economist.com/

http://www.chinese-embassy.org.uk/

http://www.cbbc.org/

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dramatic. There are few businesses or for that matter law firms anywhere in the world who are not to some degree exposed or at least interested in these developments and the opportunities that they present. This module will provide students with knowledge of the law and practice in China relating to the raising and trading of capital, both debt and equity and to Chinese financial services and banking law. These are extremely important and dynamic areas of law and will be of interest to anyone who seeks to better understand the opportunities that exist in China today and tomorrow. This course requires no knowledge of written Chinese or an ability to speak Mandarin. All materials will be in English. Learning Objectives and Outcomes To provide candidates with the opportunity to:

• Acquire a detailed knowledge and understanding of selected key principles, rules and concepts of the law and practice relating to Chinese finance and investment law and practice

• Evaluate the impact of the development of Chinese law on the development of stable and efficient international financial systems and the accessibility to the Chinese financial sector from overseas.

• Investigate and discuss selected proposed reforms and the developments in China • Develop the practical and cognitive skills appropriate for practice in the law and practices of Chinese financial and

investment law. • Develop the transferable skills appropriate for professional employment and in particular specialised practice in international

finance and law – particularly vis a vis China. Syllabus China’s financial and banking system The opening of China and in particular its capital markets Funding business in China Raising equity capital Trading securities in China The regulation of market abuses and investor protection

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Raising loans in China The protection of creditors The Chinese banking system Chinese banking and the international banking system Fiscal and Tax issues in China Governance and management of financial intermediaries in China Investor responsibilities in China Practical issues in dealing with Chinese financial institutions Enforcement and policing of the financial system Dispute resolution in China The Development of the markets and financial services industry Foreign investors and investment in China Reading and VLE Material

The VLE has all substantial reading material in English.

Shoushuang Li, The Legal environment and risks for foreign investment in China (2007), Berlin New York, ISBN 9783540483748

James M Zimmerman, Legal Aspect of Doing Business in Asia: China. Chicago, IL ABA Section of International Law 2010. ISBN 9781604428438

James M Zimmerman, China Law Deskbook: A Legal Guide For Foreign-Invested Enterprises. Chicago, American Bar Association 2010. ISBN 9781604429589

Scott Hal S, International Finance: transactions, policy and regulation. New York Foundation Press 2008. ISBN 9781599415475

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Linda Yueh, Enterprising China: business, economic and legal developments since 1979 (2011) . Oxford University Press 2011. ISBN 9780199205837.

Roos Maarten, Chinese Commercial Law (2010). Central and South America by Aspne Publishers. ISBN (&*9041132543.

Investment in Greater China: Opportunities & Challenges for Investors (2003). Kluwer Law International. ISBN 981 04 8977-3.

Mark Williams, Haitian Lu and Chin-aun Ong, Secured Finance Law in China and Hong Kong (2010). Cambridge University Press, New York. ISBN 978-0-521-51934-2

Hui Huang, International Securities Markets: Insider Trading Law in China (2006). Kluwer Law International. ISBN 90-411-2557-4.

Edward Elgar, Economic Analysis of Law in China (2007). Edward Elgar Publishing Limited. ISBN 978 1 84720 036 5.

Gao Lingyun & Jia Xiling, Contemporary Chinese Law: Chinese Business Law (2008). Thomson Reuters/West. ISBN 978-0-314-99478-3

Other relevant information:

Information from relevant websites and online resources will be provided for student research and updates on issues relating to Chinese law and business. The VLE has a substantial reading material in English. Linda Asare Annan, Discover China (2010), Wuzhou Media Publishing House.

Working and Winning in China, World Forture 500 CEOs talk about China, China Daily, New World Press (2008). • http://www.unescap.org • http://www.economist.com • http://www.chinese-embassy.org.uk • http://www.cbbc.org

http://www.unescap.org/

http://www.economist.com/

http://www.chinese-embassy.org.uk/

http://www.cbbc.org/

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Mandatory Elective Students registered for an LLM in Chinese Business and Investment Law must take both Chinese Business Law and Chinese Finance and Investment Law. It is recommended that for electives they consider taking Chinese Public Law and Human Rights, Comparative Commercial Law, Advanced Corporate Law and International Business Law 14. Islamic Finance Law – (Code 7067) Module Leaders: Professor Barry Rider Dr Lu’ayy al Rimawi Description of the Module This Module aims at introducing the principles as well as selected practical questions of Islamic financial law. It first introduces in general terms what is meant by Shari’a or Islamic law. Here it discuses its sources and sui generis nature. After that it talks about Islamic financial law introducing its fundamentals. Particular attention is given to the juridical concepts of riba and gharar and their practical implications as they are applied in Arab civil codes. The course also explains what is meant by Arab securities markets, introducing their macroeconomic conditions. It also accounts for the reasons why Arab regulators have paid recent attention to regulating their capital markets. The course discusses Shari’a principles and how they impact on securities disclosure. It particularly considers the difference between Shari’a and the Common Law in terms of the principle of caveat emptor. The Module also discusses prospectus liability in a comparative approach with UK general law. It particularly tackles the question of civil liability in terms of fraudulent and negligent liabilities. The course also addresses various issues relating to Islamic banking and the Islamic financial instruments deployed by Islamic banks. It addresses the basic structure of Islamic mortgages as well as Islamic project financing relying on the Shari’a concept of

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musharaka mutnaqisah. The course also considers issues relevant to Islamic insurance (takaful) as well as questions relating to the interaction between Shari’a and secular law. Of particular interest is also the question of Shari’a boards when juxtaposed to the notion of “conflict of interest”, as well as regulatory and supervisory issues that may arise in the context of Shari’a financial institutions. No knowledge of Arabic is necessary for the successful completion of this course. Learning Objectives and Outcomes The module aims at achieving a number of objectives and outcomes, including:

1. General appreciation of the concept of Shari’a in legal terms particularly its role in Arab civil codes; 2. Appreciation of the principles and fundamentals of Islamic financial law and how some of these principles may constitute a

juridical risk; 3. Understanding of the juridical risks that result in Shari’a concepts of riba and gharar when conducting commercial

transactions; 4. Understanding of the practical implications of the application of the concepts of riba and gharar as applied in Arab civil codes; 5. Understanding of Islamic banking and how it differs from conventional banking; 6. Understanding of the various Islamic financial instruments as seen primarily through musharakah, mudarabah and

murabaha; 7. Understanding of the legal applicability of the above instruments in modern day transactions such as Islamic mortgages and

project-financing 8. Understanding Shari’a principles of securities disclosure and how they interact with modern rationale for mandatory

disclosure; 9. Understanding various issues relating to prospectus liability, particularly questions pertaining to fraudulent and negligent

misrepresentation; 10. Understanding various issues relating Shari’a boards, conflict of interest therein and regulatory questions that may arise in

the context of Islamic financial institutions; 11. Understanding issues relating Islamic insurance; and

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12. Understanding issues relating to the interaction between Shari’a and the secular law. Syllabus Introduction to sources of Islamic Law Introduction to the principles of Islamic Law Fundamentals of Islamic Financial Law Islamic financial markets, institutions and services The law relating to Riba The law relating to Ghahar Transparency issues Interface with secular law and constitutional issues Islamic law relating to banking Islamic law and the creation of viable financial markets Regulatory and legal issues in the raising of capital and in trading securities Structuring of Shari’a compliant financial products Investor protection Islamic insurance (takaful) Islamic Collective Investment Schemes Compliance issues Shari’a boards and Shari’a advisers Legal risk and Islamic finance Conflicts of interest and market abuse related issues Relevant aspects of Islamic Criminal Law Liability under Islamic law Supervision and regulation Enforcement issues

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Reading and VLE material The VLE has all substantial reading material in English. L. Al Rimawi, Raising Capital in Arab Equity Markets; Legal and Juridical Aspects of Arab Securities Regulation (2012) Kluwer. ISBN 978 90 411 2837 9 S. Archer and Rifaat Karim (Eds) Islamic Finance – The Regulatory Challenge (2007), John Wiley (Asia). ISBN 978 0 470 82189 3 C. Nethercott and D. Eisenberg, Islamic Finance, Law and Practice (2012) Oxford University Press, 9780199566945 The Changing Landscape of Islamic Finance (2010) Islamic Financial Services Board, ISBN 978 967 5687 006 Strategies for the Development of Islamic Capital Markets (2011) Islamic Financial Services Board, ISBN 978 967 5687 08 02 Mohammad Hashim Kamali, Shari’ah Law, An Introduction (2008) Oneworld Publications, ISBN 978 1 85168 565 3 Simon Archer, Rifaat Ahmed Abdel Karim and Volker Nienhaus, Takaful Islamic Insurance, Concepts and Regulatory Issues, (2009) John Wiley, ISBN 978 0 470 82352 1 Rudolph Peters, Crime and Punishment in Islamic Law, (2005) Cambridge University Press, ISBN 13 978 0 521 79670 5 Michael Cook, Forbidding Wrong in Islam (2003) Cambridge University Press, ISBN 0521 536022 Imran Ahsan Khan Nyazee, Islamic Jurisprudence, (2006), Adam Publishers, ISBN 81 7435 383 6 Imran Ahsan Khan Nyazee, Islamic Law of Business Organisation: Partnership (1997) The Other Press) ISBN 983 9541 30 7 R. Ali (Ed) Islamic Finance – A Practical Guide, (2008) Globe Business Publishing, ISBN 978 1 905 783 13 7 N. Thani, Legal Aspects of the Malaysian Financial System, (2001) Sweet & Maxwell Asia, ISBN 983 9088 57 2

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Resolutions of the Securities Commission Shariah Advisory Council (2nd Ed) (2006) Malaysian Securities Commission, ISBN 983 9386 60 3 Mohammad Hashim Kamali, Principles of Islamic Jurisprudence (3rd Ed) (2003), The Islamic Texts Society, ISBN 094 6621 81 0 Mumammad Ayun, Understanding Islamic Finance (2007) John Wiley, ISBN 978 0 470 03069 1 N. Thani, M. Abdullah and Mummamad. Hassan, The Law and Practice of Islamic Banking and Finance (2003) Sweet & Maxwell (Asia), ISBN 983 9088 76 9 Mandatory Elective Students registered for an LLM in Islamic Finance and Business Law must take both Islamic Finance Law and Islamic Business Law. It is recommended that for electives they consider taking Advanced Islamic Finance and Business Law, Comparative Commercial Law, Advanced Corporate Law and International and Comparative Corporate Securities Law. 15. Islamic Business Law – (Code 7132) Module Leader:

Dr Lu’ayy al Rimawi Description of the Module This module offers deep insights into legal aspects pertaining to conducting business under Islamic law or Shari’a. It first discuses the role in the Holy Qur’an in setting Islamic business rules, as well as the impact of the Hadith as set by the Prophet Muhammad (PBUH). It equally discusses the controversy of plurality of juristic opinion. It accounts for such phenomenon and addresses its impact on modern Islamic commercial legislation.

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This module also looks at the question of the constitutional relevance of Shari’a in the modern commercial world in Arab countries today. In this respect, it addresses questions relevant to the interaction between the Shari’a-inspired provisions of Arab constitutions and secular commercial law. It equally outlines the ethical fabric that governs business activity under Shari’a before it looks at more substantive aspects such as Islamic contracts. It examines in detail all legal aspects relevant to Islamic notions of property ownership and how such a concept is protected and regulated in Islamic Law. Throughout its methodological discussion the module also looks at important issues in contractual and tortious liability under Shari’a inasmuch as such issues apply to conducting business contracts in an Islamic context. It also touches on comparative aspects of arbitration, contextualising Shari’a legal perspectives in this area as well as addressing important concepts such wakalah or agency law. In order to broaden the discussion, the module also considers questions relating to the forms of business organisation under Shari’a, introducing relevant concepts that distinguish Islamic banking. The module concludes by looking at Shari’a’s view on business misconduct as well as comparative questions relevant to resending contracts on the grounds of fraudulent misstatements (in comparison with English Law and the Common Law). As all materials will be available in English, knowledge of Arabic is not required. Learning Objectives and Outcomes To provide candidates with the opportunity to:

• Acquire a detailed knowledge and understanding of selected key principles, rules and concepts of the law and practice relating to Islamic business law.

• Evaluate the impact of Islamic business on other systems of law in the facilitation and execution of business • Investigate and discuss selected problematic issues and their resolution. • Develop the practical and cognitive skills appropriate for practice in Islamic business law. • Develop the transferable skills appropriate for professional employment and in particular specialised practice in Islamic

business law.

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Syllabus The Islamic business world General overview of Islamic law and its sources Constitutional relevance of Shari’a and interaction with secular law The Holy Qur’an as a source of Islamic business rules The Hadith as a source of Islamic business rules The controversy of plurality of Islamic jurisprudence and impact on the stability of modern commercial transactions Islamic Business ethics Islamic contract law The Islamic law relating to misrepresentation and disclosure Islamic concepts of property and ownership Islamic law relating to wrongful acts and torts Security in Islamic law Choice of law in conflicts Dispute resolution Islamic agency law or Wakalah Breach of agency and obligations analogous to those in a fiduciary relationship The law of business organizations Directors and partners duties Banking law as it relates to business Riba and Gharar in a business context Liability for misconduct and improper acts Comparative legal aspects of rescission when compared with English law

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Reading and VLE Material The VLE has all substantial reading material in English. L. Al Rimawi, Raising Capital in Arab Equity Markets; Legal and Juridical Aspects of Arab Securities Regulation (2012) Kluwer S.Archer and Rifaat Karim (Eds) Islamic Finance – The Regulatory Challenge (2007) John Wiley (Asia). ISBN 978 0 470 82189 3 Abbas Amanat and F. Griffel, Shari’a, Islamic Law in the Contemporary Context (2007), Stanford University Press, ISBN 9780804756396 R. Ahdar and N. Aroney, Shari’a in the West, Oxford University Press, (2010) ISBN 9780199528914 Strategies for the Development of Islamic Capital Markets (2011) Islamic Financial Services Board, ISBN 978 967 5687 08 02 Mohammad Hashim Kamali, Shari’ah Law, An Introduction (2008) Oneworld Publications, ISBN 978 1 85168 565 3 Simon Archer, Rifaat Ahmed Abdel Karim and Volker Nienhaus, Takaful Islamic Insurance, Concepts and Regulatory Issues, (2009) John Wiley, ISBN 978 0 470 82352 1 Rudolph Peters, Crime and Punishment in Islamic Law, (2005) Cambridge University Press, ISBN 13 978 0 521 79670 5 Michael Cook, Forbidding Wrong in Islam (2003) Cambridge University Press, ISBN 0521 536022 Imran Ahsan Khan Nyazee, Islamic Jurisprudence, (2006), Adam Publishers, ISBN 81 7435 383 6 Imran Ahsan Khan Nyazee, Islamic Law of Business Organisation: Partnership (1997) The Other Press) ISBN 983 9541 30 7 N. Thani, Legal Aspects of the Malaysian Financial System, (2001) Sweet & Maxwell Asia, ISBN 983 9088 57 2 Mohammad Hashim Kamali, Principles of Islamic Jurisprudence (3rd Ed) (2003), The Islamic Texts Society, ISBN 094 6621 81 0

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Mumammad Ayun, Understanding Islamic Finance (2007) John Wiley, ISBN 978 0 470 03069 1 N. Thani, M. Abdullah and Mummamad. Hassan, The Law and Practice of Islamic Banking and Finance (2003) Sweet & Maxwell (Asia), ISBN 983 9088 76 9 Mandatory Elective Students registered for an LLM in Islamic Finance and Business Law must take both Islamic Finance Law and Islamic Business Law. It is recommended that for electives they consider taking Advanced Islamic Finance and Business Law, Comparative Commercial Law, Advanced Corporate Law and International and Comparative Corporate Securities Law.

16. International and Comparative Tax Law – (Code 7128) Module Leader: Professor Julian Hickey Description of the Module Tax law is one of the most fast growing and lucrative areas of practice in the UK legal world, particularly in the globalised marketplace where tax lawyers have to account for the tax implications of commercial transactions occurring across borders. Students of tax law will benefit from this course because they can deepen their understanding of traditional UK tax issues (many of which are discussed in the UK Business Tax course) through a comparative perspective on how these issues are dealt with in other countries, such as India and in the United States. In addition the students will obtain an introduction to cross-border issues through the units on international tax and EU law.

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The topics covered in the module will include comparing the UK system of taxation to other countries, such as the US and Indian tax regimes, and using similar comparative perspectives on an analysis of the business tax base, timing issues in receipts and expenditure, taxation of capital gains, tax aspects of corporate expenditure, taxation of corporate distributions, and tax treatment of loss and loss transfers. In addition, this course will discuss international tax and transfer pricing, EU tax issues, and comparative perspectives in tax avoidance and tax planning. Learning Objectives and outcomes

• Acquire a detailed knowledge and understanding of selected key principles, rules and concepts of business taxation (including international taxation) in the UK, EU (relating to tax Directives), India and the United States including their application in a practical context and to complex fact scenarios;

• Comparatively evaluate the extent to which the law of business taxation has adapted to the modern business environment in relation to those subjects within the syllabus;

• Investigate and discuss selected proposed reforms in the law relating to business taxation in the UK, EU, USA and India; • Develop the practical and cognitive skills appropriate for practice in the area of business taxation; and • Develop the transferable skills appropriate for general professional employment.

Syllabus Introduction to a comparative perspective on UK business tax law The Business tax base in UK, EU, India and the United States A comparative perspective on the taxation of Capital Gains A comparative perspective on the tax aspects of corporate expenditure A comparative perspective on losses and loss transfers International Tax and Transfer Pricing Issues in EU Law VAT

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A comparative perspective on Tax Avoidance Reading and VLE Material

Most of the Units have dedicated ‘Cases and Materials’ on the VLE, each of which contains an edited version of the relevant texts, cases, and articles. Each Unit has a set of problem questions. Students are expected to address the problem questions in the seminars.

Reading Materials

The treaties mentioned below are meant for background reading in this course. The primary reading in this course consists of the case law and articles assigned to you in the reading lists for each week. The following text serves as a good background reading for the course. N Lee (ed.), Revenue Law: Principles and Practice (Tottel).

In addition, you can refer to the latest editions of the following texts for your reference:

Marvin Chirelstein, Federal Income Taxation (Foundation Press)

Kanga, Palkhivaka & Vyas, The Law and Practice of Income Tax (Lexis Nexis)

J Tiley, Revenue Law, (Hart publishing)

Tiley and Collison: UK Tax Guide (Lexis Nexis Butterworths).

R Bramwell et al, Taxation of Companies and Company Reconstructions, (Sweet and Maxwell)

Morse and Williams, Davies: Principles of Tax Law (Sweet and Maxwell).

Ault and Arnold, Comparative Income Taxation, (Kluwer)

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Arnold and McIntyre, International Tax Primer, (Kluwer)

WA. Miller and L. Oats Principles of International Taxation (Tottel).

Graetz, Foundations of International Income Taxation (Foundation Press)

P Baker Double Taxation Conventions and International Tax Law, (Sweet & Maxwell)

Recommended electives Students are strongly recommended to consider taking Business Tax Law with the core module. As far as other electives are concerned they are recommended to consider taking Financial Regulation and Compliance and Fraud and Financial Crime.

17. Business Tax Law – (Code 7065)

Module Leader

Professor Julian Hickey Description of the module

This module covers a wide variety of commercial tax areas including the tax consequences of capital gains, corporate groups, business losses and VAT. We aim to acquaint you with tax planning issues in both domestic and international contexts. Knowledge of business tax law is central to most business transactions today. Many of such business transactions are embedded in complicated corporate structures and some of these are being carried out beyond the borders of the United Kingdom thus adding an extra layer of complexity to business tax issues. This module goes beyond explanations of the theoretical aspects of tax law by using real-life scenarios to provide commercial context that will develop your ability to comprehend the way in which tax law drives business decisions and vice-versa.

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The topics covered in the module will include an introduction to UK and international tax law including the UK system of taxation and concepts of UK tax residency, an analysis of the business tax base, an understanding 'profit' as a tax concept and an accounting concept, timing issues in receipts and expenditure, taxation of capital gains, tax aspects of corporate expenditure, corporate reorganisations and reconstructions, taxation of corporate distributions, tax treatment of loss and loss transfers, taxation of corporate groups and group relief, international tax and transfer pricing, EU tax issues, VAT, tax avoidance and tax planning.

Learning objectives and outcomes

• A student who successfully passes the Memorandum of Advice (30% of the assessment) and the unseen examination (70% of the assessment) is expected to

• Acquire a detailed knowledge and understanding of selected key principles, rules and concepts of business taxation in the UK, including their application in a practical context and to complex fact scenarios;

• Evaluate the extent to which the law of business taxation has adapted to the modern business environment in relation to those subjects within the syllabus;

• Investigate and discuss selected proposed reforms in the law relating to business taxation; • Research and analyse current issues in business taxation and to research the business tax laws of other jurisdictions in

order to undertake a comparative analysis with UK business tax law; • Develop the practical and cognitive skills appropriate for practice in the area of business taxation; and • Develop the transferable skills appropriate for general professional employment.

Syllabus

Introduction to UK and International Tax Law The Business Tax Base Residence Taxation of Capital Gains Tax Aspects of Corporate Expenditure Corporate Reorganisations and Reconstructions Corporate Distributions

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Losses and Loss Transfers Corporate Groups and Group Relief International Tax and Transfer Pricing Issues in EU Law VAT Tax Avoidance



The treaties mentioned below are meant for background reading in this course. The primary reading in this course consists of the case law and articles assigned to you in the reading lists for each week. The following text serves as a good background reading for the course. N Lee (ed.), Revenue Law: Principles and Practice (Tottel).

In addition, you can refer to the latest editions of the following texts for your reference:

J Tiley, Revenue Law, (Hart publishing)

Tiley and Collison: UK Tax Guide (Lexis Nexis Butterworths).

R Bramwell et al, Taxation of Companies and Company Reconstructions, (Sweet and Maxwell)

Morse and Williams, Davies: Principles of Tax Law (Sweet and Maxwell).

Ault and Arnold, Comparative Income Taxation, (Kluwer)

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Arnold and McIntyre, International Tax Primer, (Kluwer)

A. Miller and L. Oats Principles of International Taxation (Tottel).

Graetz, Foundations of International Income Taxation (Foundation Press)

P Baker Double Taxation Conventions and International Tax Law, (Sweet & Maxwell)

18. Chinese Public Law and Human Rights – (Code 7136 )

Module Leaders:

Ms. Li Hong Xing Dr. Xuebin Li


The world has witnessed China’s success in its economic reform; however, less attention has been drawn upon the dynamics of Chinese domestic legal system. When foreign investors seek their business opportunities in China, they will inevitably expose them in China’s legal transformation, in particular since the new government took the power in 2013. There is little doubt that Chinese government makes effort to promote rule of law and restrain abuses of official authority. However, there are issues in relation corruption, human rights and etc, where international community and foreign investors are concerned about. Legal professionals are not only required to play an increasingly important role to assist sustainable business development through their practice in investment, finance, and banking law, but also are necessary to have sound knowledge and experience in Chinese Public Law. This new module supplements our existing modules on Chinese Business Law and Chinese Finance and Investment Law, as well as enables BPP to offer a LLM in Chinese Public Law (provided all modules are successfully completed together). The module will provide students with the tools and ability to understand the significance and contribution of the fundamental principles of the relevant law and practice in China, the system within which it operates and its relevance in addressing legal and regulatory issues,

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from a legal perspective. This is relevant in a wholly domestic context (in terms of reform and deep understanding of concepts and normative structures) but also in international practice. Learning Objectives and Outcomes

• Acquire a detailed knowledge and understanding of selected key principles, rules and concepts of the law and practice relating to Chinese public law and practice and human rights issues.

• Evaluate the impact of the development of Chinese law on the development of stable and efficient international legal systems and the accessibility to the Chinese legislation body, law enforcement agencies, and administrative organs from overseas.

• Investigate and discuss selected proposed legal reforms and the developments in China.

• Develop the practical and cognitive skills appropriate for practice in the law and practices of Chinese public law and human

rights.

• Develop the transferable skills appropriate for professional employment and in particular specialised practice in international public law – particularly in relation to China.

Syllabus China’s Constitution China’s legal system China’s Criminal Law China’s Administrative Law Corruption in China

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China and Human rights The Law relating to Freedom of Speech The Law relating to Minorities in China Human Rights and Business in China China and International Law (relating to Human Rights) Reading and VLE Material


Bilancia, P.R. 1983 Dictionary of Chinese Law and Government: Chinese-English. USA: Stanford University Press. ISBN: 0804708649

Brown, R.C. 2002 Understanding Chinese Courts and Legal Process. The Netherlands: Kluwer Law International. ISBN: 9041106073

Bu, Y.I. 2013 Chinese Civil Law: a Handbook. UK: Hart Publishing. ISBN: 1849464030

Cao, D. 2004 Chinese Law: A Language Perspective. UK: Ashgate Publishing Ltd. ISBN: 0754624358

Chen, J.F. 1999 Chinese Law. UK: Brill Academic Publishers. ISBN: 9041111867

Chen, J. F. 2008 Chinese Law: Context and Transformation. The Netherlands: Martinus Nijhoff Publishers. ISBN: 9004165053

Keller, P. 2001 Chinese Law and Legal Theory. UK: Ashgate Publishing Ltd. ISBN: 1840147350

Liu, H. Y. 2009 Liner Conferences in Competition Law: A Comparative Analysis of European and Chinese Law, Germany: Springer-Verlag. ISBN: 3642038743

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Liu, Y. P. 2001 Origins of Chinese Law: Penal and Administrative Law in Its Early Development, UK: Oxford University Press. ISBN: 0195903447

MacCormack, G 1996 The Spirit of Traditional Chinese Law. USA: University of Georgia Press. ISBN: 0820317225

MacCormack, G. 2013 Traditional Chinese Penal Law. UK: Wildy, Simmonds and Hill Publishing. ISBN: 0854900934

Mo, J. & Wang, G. G 1999 Chinese Law. The Netherlands: Kluwer Law International. ISBN: 9041196994

Xue, H.Q. 2012 Chinese Contemporary Perspectives on International Law: History, Culture and International Law, The Netherlands: Martinus Nijhoff Publishers. ISBN: 9004236139

Yu, G.H. 2013 Rethinking Law and Development: The Chinese Experience, UK: Routledge. ISBN: 0415640369 Zhang, J.F. 2013 The Tradition and Modern Transition of Chinese Law. Germany: Springer-Verlag. ISBN: 3642232655 Recommended electives Students are strong recommended to consider taking Chinese Business Law, Chinese Finance and Investment Law and Comparative Commercial Law 19. The Law of Investigations – (Code 7143) Module Leader: Professor William Tupman Description of the Module This new module seeks to provide students with a deep understanding and knowledge of the relevant law relating to investigation at different levels and in different contexts. It will also provide students with knowledge and understanding of the law from a

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practical standpoint relating to the gathering, securing and production of evidence. The knowledge and skills obtained in this module are increasingly in demand from lawyers involved not only in the practise of the civil and criminal law, but engaged in compliance and regulatory work. Learning Objectives and Outcomes

• Students will acquire a detailed and practical knowledge of the law and practice relating to the conduct of fact related investigations within the legal system

• Students will acquire knowledge and experience in the operation of such laws in various contexts and focus in particular on problematic issues in the taking and protection of evidence

• Acquire knowledge of the operation and relationship of various laws relating to the conduct of investigations in different contexts – including the criminal justice system, regulatory proceedings and the civil law.

• Investigate and discuss selected proposed legal reforms and the development of the law including the protection of human rights

• Develop the practical and cognitive skills appropriate for practice in this area of law. • Develop the transferable skills appropriate for professional employment and in particular specialised practice

Syllabus The nature and character of investigations The forensic approach Mandated investigations Legal authority (types of authority and their significance) Freedom of information Complex fact investigations Documentary investigations and proving documents Financial investigations Covert investigations

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Surveillance, monitoring and interception evidence Statutory and regulatory investigations Informal and private investigations (in house and disciplinary) Due diligence and vetting Legal limitations and controls on investigation Human rights Privacy and confidentiality Privilege Improperly obtained evidence Remedies Evidence gathering and admissibility Intelligence and investigations Information sharing Overseas investigations and international co-operation Electronic data and computers Role of prosecutors and judges Law Reform Reading Material and the VLE Comprehensive material and documentation will be available on the VLE. The reading material provides detail on the topics that are in the syllabus and covered in the teaching presentations. The lecture and seminar PowerPoint presentations, together with supporting materials, are placed on the VLE.

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Books Harfield C. and Harfield K. (2012) Covert Investigation 3rd edition Blackstone’s Practical Policing Newburn, T., Williamson, T., & Wright, A. (2007) ‘Handbook of Criminal Investigation’, Collumpton: Willan Publishing. Stellfox P. (2009) “Criminal Investigation: an introduction to principles and Practice” Routledge Tong S., Bryant R.P. and Horvath M.A.H. (2009) “Understanding Criminal Investigation” Wiley Articles Devery C (2010) “Criminal Profiling and Criminal Investigation” Journal of Contemporary Criminal Justice November 2010 vol. 26 no. 4 393-409 Goldstein and Marcus (1977) “The Myth of Judicial Supervision in Three "Inquisitorial" Systems: France, Italy, and Germany” The Yale Law Journal, Vol. 87, No. 2 pp. 240-283 Mowbray A “Duties of Investigation under the European Convention on Human Rights” The International and Comparative Law Quarterly, Vol. 51, No. 2 (Apr., 2002), pp. 437-448 Rossimo K. Criminal Investigative Failures: avoiding the Pitfalls Part One: http://www.au.af.mil/au/awc/awcgate/fbi/cognitive_bias.pdf Part Two: http://www.au.af.mil/au/awc/awcgate/fbi/investigation_pitfalls.pdf Websites College of Policing: Authorised Professional Practice: https://www.app.college.police.uk/app-content/investigations/introduction/

http://www.au.af.mil/au/awc/awcgate/fbi/cognitive_bias.pdf

http://www.au.af.mil/au/awc/awcgate/fbi/investigation_pitfalls.pdf

https://www.app.college.police.uk/app-content/investigations/introduction/

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Criminal Proceedings and investigations Act 1996 (the text includes later amendments)

http://www.legislation.gov.uk/ukpga/1996/25/contents

Competition Law Powers of Investigation

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284398/oft404.pdf

HMRC Criminal investigation powers: http://www.hmrc.gov.uk/prosecutions/explanation.htm

Cross-border conflicts over investigation WITHIN the UK: http://www.cps.gov.uk/legal/h_to_k/jurisdiction/

Health and Safety Executive (HSE) guidelines for enforcement, including investigation: http://www.hse.gov.uk/enforce/index.htm

Chatzis I. UNODC “transnational challenges and approaches to investigating trafficking offences”

http://www.emnukncp.org/uploads/Ilias_Chatzis.pdf

Regulation of Investigatory Powers Act 2000 http://www.legislation.gov.uk/ukpga/2000/23/contents

Notes of Guidance for applications under RIPA: https://www.gov.uk/surveillance-and-counter-terrorism

Liberty: https://www.liberty-human-rights.org.uk/human-rights/privacy/state-surveillance

20. International Financial Transactions: Law and Practice – (Code 7144) Module Leader: Dr Jacob Schumacher Description of the Module The objectives of the module are to provide students with knowledge of the issues that may be included in the documentation for international financial transactions, and to give them practice in both reading and preparing relevant items. This coaching should be indispensable for LL.M. graduates who progress to training or associate posts in international capital firms, such as Shearman


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284398/oft404.pdf

http://www.hmrc.gov.uk/prosecutions/explanation.htm

http://www.cps.gov.uk/legal/h_to_k/jurisdiction/

http://www.hse.gov.uk/enforce/index.htm

http://www.emnukncp.org/uploads/Ilias_Chatzis.pdf


https://www.gov.uk/surveillance-and-counter-terrorism

https://www.liberty-human-rights.org.uk/human-rights/privacy/state-surveillance

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and Sterling LLP and Bryan Cave LLP, enabling them to participate in a legal team for advice relating to equity issues, loan transactions and other funding arrangements. Learning Objectives and Outcomes A student who successfully passes the Memorandum of Advice (30% of the assessment) and the unseen examination (70% of the assessment) is expected to

• Understand the nature and purpose of international financial transactions. • Understand the main provisions contained in the Loan Market Association’s form loan agreement. • Understand the process of a bond issue. • Appreciate the key provisions in the documentation relating to an equity issue. • Possess a reasonable knowledge of legal issues concerning transactions in financial derivatives. • Understand the nature of, and key issues relating to, a guarantee. • Appreciate the types of Legal Opinions and how to negotiate them. • Be able to prepare a document relating to a simplified transaction, such as a draft term sheet.

Syllabus Introduction to International Financial Transactions, and to Financial Instruments Loan Facilities 1: Introduction, and Financial and Operative Provisions Loan Facilities 2: Conditions Precedent, Representations and Covenants Loan Facilities 3: Events of Default and Other Loan Agreement Provisions Bond Issues Equity Transactions and Venture Capital Investments Derivative Transactions: Swaps and Key Legal Issues Guarantees Legal Opinions Preparation of the Documentation for an International Financial Transaction

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Reading and VLE Material The reading material provides detail on the topics that are in the syllabus and covered in the teaching presentations. The lecture and seminar PowerPoint presentations, together with supporting materials, are placed on the VLE. Buchheit, L. C. (2000), How to Negotiate Eurocurrency Loan Agreements, Second Edition (London: Euromoney Institutional Investor plc), ISBN 978-1-855-64829-6.

Calnan, R. (2012), Taking Security: Law and Practice, Second Edition (Bristol: Jordan Publishing Ltd.), ISBN 978-1-846-61262-6.

Cooke, D. J. (2011), Private Equity: Law and Practice, Fourth Edition (London: Sweet and Maxwell Ltd.), ISBN 978-0-414-04166-0.

Coyle, B. (2004), Hybrid Financial Instruments (Risk Management/Debt and Equity Markets), First Edition (Financial World Publishing), ISBN 978-0-852-97457-5.

Fuller, G. (2012), The Law and Practice of International Capital Markets, Third Edition (London: LexisNexis), ISBN 978-1-405-76571-8.

Gatti, S. (2012), Project Finance in Theory and Practice: Designing, Structuring, and Financing Private and Public Projects, Second Edition (Waltham, Massachusetts: Academic Press Inc), ISBN 978-0-123-91946-5.

Grath, A. (2012), The Handbook of International Trade and Finance, Second Edition (London: Kogan Page Ltd.), ISBN 978-0-749-46397-7.

Gruson, M., Kutschera, M., and Hutter, S. (eds.) (2003), Legal Opinions in International Transactions, Fourth Edition (The Hague: Kluwer Law International), ISBN 978-9-041-19902-7.

Harding, P. C. (2010), Mastering the ISDA Master Agreements: A Practical Guide for Negotiation, Third Edition (Harlow: Pearson Education Ltd.), ISBN 978-0-273-72520-6.

Harding, P.C., and Johnson, C. A. (2011), Mastering the ISDA Collateral Documents: A Practical Guide for Negotiators, Second Edition (Harlow: Pearson Education Ltd.), ISBN 978-0-273-75717-7.

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Talmor, E., and Vasvari, F. (2011), International Private Equity, First Edition (Chichester: John Wiley & Sons Ltd.), ISBN 978-0-470-97170-3.

Taylor, F. (2011), Mastering Derivatives Markets: A Step-By-Step Guide to the Products, Applications and Risks, Fourth Edition (Harlow: Pearson Education Ltd.), ISBN 978-0-273-73567-0.

Tinsley, R. (2000), Advanced Project Financing: Structuring Risks, First Edition (London: Euromoney Institutional Investor plc), ISBN 978-1-855-64834-0.

Tinsley, R. (2000), Project Finance, Second Edition (London: Euromoney Institutional Investor plc), ISBN 978-1-855-64844-9.

Vinter, G., Price, G., and Lee, D. (2013), Project Finance, Fourth Edition (London: Sweet & Maxwell Ltd.), ISBN 978-0-414-04239-1.

Wood, P. R. (2013), International Loans, Bonds, Guarantees, Legal Opinions, Third Edition (London: Sweet & Maxwell Ltd.), ISBN 978-0-414-04469-2.

Yates, G., and Hinchliffe, M. (2010), A Practical Guide to Private Equity Transactions (Cambridge: Cambridge University Press). ISBN 978-0-521-19311-5.

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21. Advanced Islamic Financial & Business Law - (Code - 7154)

Module Leader: Dr Lu’ayy Al Rimawi Description of the Module This advanced course enables students to micro-analyse the Jurisprudential and transactional aspects of Islamic financial and business law as it currently exists. It looks in detail at the fundamentals of Islamic jurisprudence or usul al fiqh inasmuch as it touches upon very important notions relevant to business and financial practices arrived at through the process of Ijtihad or scholastic endeavors –looking in detail at the concept of Ijma’ or scholastic consensus and Qiyas or reasoned analogy. It addresses the very important issue of Maqasid Al Shari’a or objectives of Shari’a and the balancing dynamics Shari’a implements to achieve it, cementing a thorough understanding through looking at the notions of what constitutes benefit under Sharia “Maslaha” and the “public good” Al-Masaleh Al Mursalah. It equally examines the role of custom or Urf under Shari’a. This advanced module in Islamic financial and business law equally addresses the very important question of Istishab (de facto evidence) and Sadd Dharai’ (closing of excuses) and their relevance to Islamic financial transactions and business law. It also addresses questions relevant to Shari’a notions of equity or justice, through the concept of Istihsan or “reasoned preference” and its relevant application in Islamic Business and Financial Law. This advanced module equally addresses the Shari’a notion of profit or “rebah”, as well as the concept of Hawalah or debt assignment under Shari’a and the modern contract of Mudarabah, Musharakah and Murabaha. This advanced module also looks at the legitimacy of Buy’ Al-Taqseet or sale by installment. This advanced module equally looks at the legitimacy of Umoolah or commission under Shari’a as well as Islamic commercial arbitration within the larger setting of Islamic dispute resolution techniques. This advanced module in Islamic financial and business law equally looks at Shari’a’s view on the question of Tawreeq as well as Sukuks or debt instruments under Shari’a. It equally looks

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at protecting debtors under Shari’a, as well as modern Shari’a views regarding contracts of Salm, Buy’ Al-Wafa’, contracts of Tawreed (supply) contracts and Buy’ Al Mazad. It concludes by looking at Iflas or bankruptcy under Shari’a as well as Islamic initiatives at regulating Islamic financial institutions, through addressing the normative regulatory standards enunciated by Islamic bodies such as the Islamic Financial Services Board (IFSB). Learning Objectives and Outcomes To provide candidates with the opportunity to:

• To micro-analyse in a detailed manner the Jurisprudential and transactional aspects of Islamic financial and business law as it currently exists. In this respect, it looks in detail at the fundamentals of Islamic jurisprudence or usul al fiqh inasmuch as it touches upon very important notions relevant to the process of Ijtihad or scholastic endeavors –looking in detail at the concept of Ijma’ or scholastic consensus and Qiyas or reasoned analogy.

• Contextualise the objectives of Shari’a in the commercial spheres and this might relate to domestic secular and cross-jurisdictional laws.

• Examine in detail and evaluate the transactional impact of Islamic business and finance on other systems of law in the facilitation and execution of business.

• To address the very important question of Istishab (de facto evidence) and Sadd Dharai’(closing of excuses) and their relevance to Islamic financial transactions and business law.

• To address questions relevant to Shari’a notions of equity or justice, through the concept of Istihsan or “reasoned preference” and its relevant application to future Islamic contracts such as “Salm contracts”, force majeure, granting cooling-off periods and other aspects that touch upon the formation of Islamic contracts such as the need for unity of majlis.

• Investigate and discuss selected problematic issues and their resolution in considerable depth and analysis. • Develop the practical and cognitive skills appropriate for practice in Islamic business and financial law. • Develop the transferable skills appropriate for professional employment and in particular specialised practice in Islamic

business and financial law.

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Syllabus LGS1 and supporting interactive seminar will provide in-depth look at Shari’a jurisprudence within Ijtihad within the specific context

of Ijma’ and Qiyas –assessing their meaning, application and implication when utilised to devise business and commercial rules

under Shari’a.

LGS2 and supporting interactive seminar will provide detailed discussion of Maqasid Al-Sharia (intentions of Shari’a) within the

notion of Maslaha (benefit). It also provides in-depth analysis of Shari’a and the notion of “public good” and “custom” under the

Islamic concepts of Istislah (Masaleh Al-Mursalah) and “Al-Urf” –assessing their importance, definition, historical and modern

applications in setting Islamic business rules.

LGS3 and supporting interactive seminar will provide in depth assessment of the Shari’a notions of Istishab (de facto evidence) and

Sadd Dharai’ (closing of excuses) and their relevance to Islamic financial transactions and business law. It will equally look at

Shari’a notions of equity through the concept of Istihsan and its implications on Islamic contracts and business –assessing their

relevant application to Sharia future contracts such as “Salm contracts”, force majeure, granting cooling-off periods and other

aspects that touch upon the formation of Islamic contracts such as the need for unity of Majlis.

LGS4 and supporting interactive seminar will provide in depth assessment of the notion of profit (Rebah) under Shari’a. It equally

looks at contractual remedies under Shari’a and how this may differ from UK law

.

LGS5 and supporting interactive seminar will provide in depth assessment of the concept of Hawalah or debt assignment under

Sharia. It equally looks at the modern contract of Mudarabah (passive partnership/venture capital): Constituent elements and

jurisprudential foundations –addressing the current legal contractual format as set by an Islamic central bank (Pakistan). Equally,

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addressing the similarities and dissimilarities when contrasted to venture capital in terms of scope, formation, legal constituents and

transactional relevance.

LGS6 and supporting interactive seminar will provide in depth assessment of the legitimacy of Buy’ Al-Taqseet or sale by

installment. It equally The modern contracts of Musharakah (active partnership) and Murabaha (cost plus financing): Constituent

elements and jurisprudential foundations –addressing the current legal contractual format of Musharakah and Murabaha as set by

an Islamic central bank (Pakistan). Equally, addressing the similarities and dissimilarities between Murabaha & Musharakah and

various forms of partnerships in terms of scope, formation, legal constituents and transactional relevance.

LGS7 and supporting interactive seminar will provide in depth assessment of the legitimacy of Umoolah or commission under

Shari’a. It equally looks at the role of Hial or ruses in financial product innovation –offering in depth analysis of the notion of Hial or

ruses and how acceptable they are when developing new Islamic financial products.

LGS8 and supporting interactive seminar will provide in depth assessment of the Shari’a’s view on the question of Tawreeq.

Equally at Sukuk or debt instruments under Shari’a –addressing the relevance, importance and the structuring of Sukuk under

Shari’a.

LGS9 and supporting interactive seminar will provide in depth assessment of protecting debtors under Shari’a. Equally looking at

modern Sharia views regarding contracts of Salm, Buy’ Al-Wafa’, contracts of Tawreed (supply) contracts and Buy’ Al Mazad.

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LGS10 and supporting interactive seminar will provide in depth assessment of Iflas or bankruptcy under Shari’a and how they differ

from UK law. Equally at Regulating Islamic financial institutions –addressing and analyzing modern Islamic attempts to regulate

Islamic financial institutions (historical & legal perspectives) and resultant self-regulatory organisations (SROs).


The VLE has all substantial reading material in English. L. Al Rimawi, Raising Capital in Arab Equity Markets; Legal and Juridical Aspects of Arab Securities Regulation (2012) Kluwer S.Archer and Rifaat Karim (Eds) Islamic Finance – The Regulatory Challenge (2007) John Wiley (Asia). ISBN 978 0 470 82189 3 Abbas Amanat and F. Griffel, Shari’a, Islamic Law in the Contemporary Context (2007), Stanford University Press, ISBN 9780804756396 Islamic Sukuk Market Malaysian Securities Commission ISBN: 9789835371189 Islamic Commercial Law Muhammad Yusuf Saleem ISBN: 9781118504031 Maqasid Al-Shari'a Made Simple Muhammad Hashem Kamali ISBN: 9781565644427 Islamic Commercial Law: An Analysis of Futures & Options Mohammad Hashem Kamali ISBN: 9780946621804 Principles of Islamic Jurisprudence Muhammad Hashem Kamali ISBN: 9780946621828 Islamic Jurisprudence Usul Al Fiqh Imran A K Niyazee ISBN: 9788174353832 Product Development in Islamic banks Habib Ahmed ISBN: 9780748639519

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Islamic Asset Management: Forming the Future for Sharia Compliant Investment Strategies Sohail Jaffer ISBN-13: 9781843741213 Fundamentals of Islamic Money and Capital Markets (Google eBook) ISBN: 9781118504000 Islamic Capital Markets: A Comparative Approach (Google eBook) ISBN: 9781118465134 Islamic Banking and Finance (Google eBook) Natalie Schoon ISBN-13: 978-1904905110 Current Issues in Islamic Banking and Finance: Resilience and Stability in the Present System (Google eBook) 9789812833938 Investing In Islamic Funds: A Practitioner's Perspective (Google eBook) 9781118638880 The Foundations of Islamic Economics and Banking ISBN-13: 978-1482899221 Shari'a compliant microfinance 9781136671302 Islamic Finance the new regulatory challenge 9781118247082 Islamic Banking and Finance: New Perspectives on Profit Sharing and Risk 9781843765318 Risk and Regulation of Islamic Banking 9781783476138 Takaful Islamic Insurance: Concepts and Regulatory Issues 9781118179055 Life Takaful - Islamic Life Insurance ISBN-13: 978-3845474106 Takaful and Mutual Insurance: Alternative Approaches to Managing Risks 9780821397251 Islamic Capitalism and Finance: Origins, Evolution and the Future 9780857931481 The Islamic Moral Economy: A Study of Islamic Money and Financial Instruments ISBN-13: 978-1599425399 Introduction to Islamic Banking and Finance 9780470978047

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Suspended Validated Modules The following modules although validated are not in fact offered. It will be appreciated that before a module can be offered there must be sufficient student interest. BPP takes the view that a class under 7 students might not be viable primarily on educational grounds. A very small class might not expose students sufficiently to an adequate degree of interaction with there peers. Of course, if there was an indication of interest in one of the following modules by more than 7 students we would consider offering the relevant module.

• Employment Law (Judge Graham Ritchie) • Competition Law (Dr Richard Alexander) • International Dispute Resolution and Arbitration Law (Dr Michael Reynolds) • Insurance Law (Professor Stuart Bazley) • Intellectual Property Law (Professor Chizu Nakajima and Professor Barry Rider)

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LEARNING AND TEACHING STRATEGY Assessment Strategy Assessment is partly for your benefit: to help you learn by giving you accurate information on your progress and performance in order to help you reflect on your progress and plan activities to improve your knowledge, understanding, or skills. Assessment also gives you the opportunity to demonstrate what you have learned. It is the means by which your achievement is measured, in relation to the aims of your Programme and national statements about standards The objective of assessment in the various LL.M programmes is to ensure that candidates successfully complete the designed course within each module and thereby acquire and can demonstrate knowledge and application at a level to be expected of a Master’s degree at a recognised university law school with international standing. Every assessment is marked twice by members of the faculty, subject to moderation by the Director of Programmes and in appropriate cases considered by an external examiner. The dissertation (which is worth 60 credits) is normally written during the summer terms and is supervised. Each taught module (which is worth 30 credits) is assessed by the writing, during the course, of a memorandum of advice (worth 30 per cent of the marks for the module) for which the candidate has at least four weeks and the writing of an unseen examination (worth 70 per cent of the marks) at the end of the course. The examination is of two hours duration and candidates are required to two questions from a selection of at least five. To successfully complete a module candidates are required to pass each assessment relevant to that module. Candidates are entitled to three attempts, but the mark for a failed assessment in future attempts is caped at the pass mark of 50 per cent. To obtain a distinction in a module or the dissertation it is necessary to have an aggregate mark (including both the examination and memorandum of advice) of 70 per cent.

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To obtain a merit in a module or the dissertation it is necessary to have an aggregate mark (including both the examination and memorandum of advice) of 65 per cent. To obtain a distinction or merit for the degree as a whole it is necessary to have an aggregate mark (including for all assessments) of 70 and 65 percent respectively. The pass mark for all assessments is 50 per cent. Modules The Programme is composed of modules, and these modules are linked to different levels of the National Framework for Higher Education Qualifications set by the Quality Assurance Agency for Higher Education. This document provides you with a module outline for every module you will undertake during the Programme. Each module will consist of aims, learning outcomes, and modes of assessment. These components relate to how you will receive and give feedback from and to the Programme team during your degree. Learning Outcomes To describe your anticipated learning rather than just the teaching on the Programme, each module has Learning Outcomes. A learning outcome is a statement of what you are expected to know, understand or be able to do at the end of the module, section or entire programme. The desired learning outcomes for each module are set out above.

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LL.M FACULTY Professor Barry Rider OBE, Professor of Law Director of the LL.M. Programme LL.B.(Hons) (Lond); M.A.(Cantab); Ph.D.(Lond); Ph.D.(Cantab); Hon. LL.D.(UFS); Hon. LL.D.(Penn State); FIPI; FSALS; FSALS; Barrister at Law and Master of the Bench of the Inner Temple. Professor Barry Rider is a Professorial Fellow in the University of Cambridge and has been a Fellow of Jesus College, Cambridge since 1976, where he has held numerous positions, including Dean of College. He is a professor in law at the University of London (where he was Director of the Institute of Advanced Legal Studies, and now Honorary Senior Research Fellow); the University of the Free State, South Africa; Renmin University, China and Beijing Normal University. He also holds and has held visiting appointments at Florida, Columbia, Pennsylvania State University, Sienna, Palermo; Hong Kong and Stockholm. He is President of the British Institute of Securities Laws and Director of the Centre for International Documentation on Organised and Economic Crime. He has served in the civil and diplomatic service and is and has been a consultant to numerous international organisations including the UN, EU, IMF, World Bank, Asian Development Bank, Islamic Financial Services Board, Commonwealth, NATO and Interpol. He has worked as a lawyer and investigator in many jurisdictions. Professor Rider has published many articles and books and is the General Editor of the Company Lawyer, the Journal of Financial Crime, the Journal of Money Laundering Control and Amicus Curiae. Professor Chizu Nakajima, Professor of International and Comparative Law Deputy Director of the LL.M. Programme and Director of the Online LL.M. Programme LL.B.(Hons); LL.M. (International Law) (Keio); Ph.D.(Lond); FRSA; FBISL; FSALS Chizu is Professor of International and Comparative Law at BPP University and an Emeritus Professor of Corporate Law and Governance and former Head of Business and Law at the London Guildhall Faculty of Business and Law at London Metropolitan University and an Affiliated Lecturer at the University of Cambridge. Until recently she was Director of the Centre for Financial

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Regulation and Compliance at Sir John Cass Business School of City University. She is also an Associate Senior Research Fellow of the Institute of Advanced Legal Studies of the University of London, visiting professor to a number of overseas universities and a member of Jesus College, Cambridge. She is also a consultant to the European Commission, United Nations and author of many books and articles on financial regulation, governance and comparative corporate law. Chizu is also chair of the Law Society’s British Japanese Law Association and chair of the British Academy of Management’s Corporate Governance Special Interest Group. Ms Li Hong Xing (May) Principal Lecturer in Law B.Sc (Beijing); B.A.(Beijing); MBA (Ruskin); MSALS; FRSA: FBISL. May has taught law at various institutions in the United Kingdom including the Institute of Advanced Legal Studies and as a guest lecturer at the University of Cambridge’s Centre of Development Studies. She is a Fellow of the British Institute of Securities Laws in Cambridge and Overseas Research Director of the centre for International Documentation on Organised and Economic Crime. She has worked for and been a consultant to several law firms, including Beachcroft LLP in the UK and China. She has also served as a consultant to the Supreme People’s Procuratorate, Peoples Republic of China. May has also been a Lecturer in Comparative Law at Witan Hall, Reading and is Senior Tutor of Hosei University Graduate Programme in Cambridge. She is the Deputy General Editor of the Journal of Financial Crime and the Journal of Money Laundering Control. Visiting Professors Professor Stuart Bazley, Professor in Financial Regulation and Compliance LL.B.(Hons); LL.M.(Lond); Ph.D. (Lond), Barrister at Law Stuart is a former practising barrister having held a number of in-house counsel and General Counsel roles. He now works as a specialist regulatory consultant and is an independent non-executive director with a major financial institution. He has written a number of books and articles on financial regulation, compliance and financial crime.

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Professor Johan Henning, Professor in Comparative Business Law B.Iur; LL.B. (Hons); LL.D.(UFS); JCD; HFSALS; FBISL; MASSAf; HMOCoif, Attorney Johan is a Distinguished Professor of Law and former Dean of Law at the University of the Free State in South Africa. He is also a Professor Extraordinarius at the College of Law of the University of South Africa, Senior Research Fellow of the Institute of Advanced Legal Studies, University of London and a Visiting Lecturer at the University of Cambridge. He was Director of the Centre for Corporate Law and Practice at the IALS and is a corporate and commercial law of international standing. He has written many books and articles on corporate, financial, commercial and partnership law. Professor William Tupman, Professor in Criminal Justice Studies and Criminology

BA (Hons) (Exon) FSALS

Bill Tupman is currently Senior Research Fellow at Anglia Ruskin University, but was formerly a Senior Lecturer in Criminology and Director of the Centre for Police Studies at the University of Exeter, where he retains an Honorary University Fellowship. He is a leading expert on organised crime, terrorism and the cross-border police response to these phenomena. He is also a member of the Executive Committee of the Standing Group on Organised Crime (SGOC) in the European Consortium for Political Research (ECPR). he is the author and co editor of books on European Policing, the Organised Crime Terror-Nexus and has written widely on cross-border police cooperation, terrorist financing fraud, cybercrime and organised crime in general.

Professor Andrew Haynes, Professor of International Banking Law

B.A. (Hons), Ph.D (Lond), FSALS

Professor Andy Haynes is a Visiting Professor of Law at BPP University and a Professor of Law at the University of Wolverhampton. He is also a Senior Research Fellow at the Institute of Advanced Legal Studies, University of London. He is a leading international authority, having written numerous books and articles on financial and banking law. He has taught at many universities around the world and acts as a consultant.

Professor Julian Hickey, Professor in the Law of Taxation

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LL.B.(Hons), LL.M.(Lond); Ph.D. (Lond), Barrister Julian is a Fellow of the Chartered Institute of Taxation and a Barrister at Temple Tax Chambers. He is a leading international authority on the law of taxation. Professor Sir Ivan Lawrence QC (England and Wales), Professor of Criminal Law M.A. (Oxon); LL.D.(Hon); FSALS Sir Ivan was a Member of Parliament and Chairman of the Homes Affairs Committee and Commonwealth parliamentary Association. He has sat as a Recorder of the Crown Court and is a Queen’s Counsel. He is a Visiting Professor of Law at the University of Buckingham and a Professor of Law at BPP University and a guest lecturer at many other universities. His chambers are at 5 Pump Court. He is also a Master of the Bench of the Inner Temple. Professor Philip Rutledge, Professor of Comparative Securities Law and Financial Regulation AB (Albright); JD (Dickenson) Attorney Professor Philip Rutledge is admitted to the bar of the Supreme Court of the USA and the Supreme Court of the Commonwealth of Pennsylvania. He is chairman of Bybel Rutledge LLP, Attorneys at Law based in Pennsylvania. He has had a long and distinguished career in government and served as Chief Counsel and Director of the Division of Corporation Finance in the Pennsylvania Securities Commission. He has also been very much involved in issues relating to the regulation and supervision of securities throughout the USA and internationally. He has taught a number of universities including Cambridge, London, City of London, Widener, Dickenson and the Wharton School of the University of Pennsylvania. He is a Freeman of the City of London and a former Visiting Fellow to the Honourable Society of the Inner Temple. He has published many books and articles primarily on securities law.

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Additional and Adjunct Faculty Dr Richard Alexander Programme Director LLM International Business Law and Visiting Senior Lecturer in Law M.A.(Cantab); Ph.D.(Lond); MSALS; Barrister at Law Richard is a Lecturer in Financial Law at the School of Oriental and African Studies of the University of London. Richard has been a Senior Research Officer at the Institute of Advanced Legal Studies and a Lecturer in Law at Witan Hall, Reading. He is a consultant to the Inter-Governmental Action Group against Money Laundering and Terrorism Financing. He is the author of several books and numerous articles on financial regulation, money laundering control, financial crime and European law. Ms. Sarah Fraser Butlin Visiting Lecturer in Employment Law MA (Cantab); Barrister at Law Sarah is a practising barrister at Cloisters, London and an Affiliated Lecturer in Labour Law at the University of Cambridge. She specialises in clinical negligence and employment and discrimination law particularly undertaking complex multi-day and high profile discrimination claims. Sarah is Vice Chair of the Industrial Law Society. Mr.Saionton Basu Visiting Lecturer in Law in Commercial Law B.A.(Hon) the National Law School of India University Mr. Basu is a partner at the law firm Duane Morris and is qualified as a solicitor in England and Wales and India. He earned his law degree, with honours, from the National Law School of India University where he was awarded a gold medal.

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Mr Basu advises international clients who are active in India, including banks, corporations, foreign governments and financial institutions as well as Indian companies doing business in the UK and Europe. He is an experienced mergers, acquisitions and projects lawyer and advises on international corporate and commercial activities involving a wide range of industries and jurisdictions. Mr. Basu has a particular focus on advising global corporations in the highly regulated spheres of telecoms and defence in India. Mr Basu is an Executive Fellow at the Essex Business School. Mrs Catherine Pédamon Visiting Lecturer in Comparative Law Maitrise in Law (Hons)(Paris II); DEA (Hons)(Paris II); LL.M. (Harvard); Paris and New York Bar Catherine is a Senior Lecturer in Law at the University of Westminster. She taught at the University ofTexas School of Law at Austin for several years. She is a qualified lawyer in Paris and New York and has practiced corporate and commercial law in New York, Paris and London with leading law firms. Her interests include international business law, comparative law and corporate social responsibility. Mr Jason Haines Visiting Lecturer in Financial Regulation and Law B.A.(Law)(Hons);M.A.Criminology;Prof.PgDip(GRC),(FICA;CertifiedProfessional),FSALS. Jason holds a senior compliance position in a major international bank. Jason previously served on a House of Commons advisory group on financial services and was appointed as a special adviser to an international project relating to the assessment of AML/CTF standards in a number of overseas jurisdictions. Jason has held several academic appointments and guest lectureships at the Institute for Advanced Legal Studies, University of London, University of Cambridge, the University of Birmingham Business School and Senior Tutor of Witan Hall, Reading. Jason has published widely on legal, regulatory and compliance aspects related to financial crime including a book on the regulation of electronic markets. He has also been a Course Director at the International Compliance Association and a consultant to the law firm Beachcroft LLP.

http://www.duanemorris.com/practices/mergersandacquisitions.html

http://www.duanemorris.com/practices/corporate.html

http://www.duanemorris.com/practices/informationtechnologiesandtelecom.html

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Mr Rowan Bosworth Davies Visiting Lecturer in Criminal Justice and Criminology B.A. (Kent); M.A. (Exeter) Rowan was until recently a consultant to the Office of the Secretary General of the United Nations. He has served as a police officer (Metropolitan Police Fraud Squad) and in senior positions in a number of regulatory and enforcement organisations. He has also been a consultant to several law firms including Richards Butler. He has lectured at a number of universities including Cambridge and London and is an acknowledged international expert on financial regulation, White collar crime and compliance issues. He has written a number of books and articles.

Dr Lu’ayy Minwer Al Rimawi

Programme Director LLM Islamic Finance and Business Law and Visiting Lecturer in Islamic Law

LL.B.(Hons); LL.M. (Cantab); M.Sc (Econ) (Lond); Ph.D. (Lond) Lu’ayy is now an international consultant on financial and in particular Islamic law and a Visiting Fellow at Harvard Law School. He has served in an executive capacity in the UK Home Office and was a part-time lecturer in Public International Law at the London School of Economics and Political Science. He has also taught as a guest lecturer in the University of Cambridge. He has written numerous articles in various legal journals on financial law and in particular Arab financial market law. He is the author of the acclaimed textbook, Raising Capital on Arab Equity Markets: Legal and Juridical Aspects of Arab Securities Regulation, Kluwer Law International (February, 2012).

Mr Saul Froomkin OBE, QC (Manatoba); QC (Bermuda) Visiting Lecturer in Criminal Law and Litigation LL.B (Hons) and LL.M. (Manatoba); FSALS

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Saul was the Director of Criminal Law for Federal Canada before becoming the Solicitor General and then the Attorney General of Bermuda. Saul now practices in a number of jurisdictions and has appeared many times before the Privy Council. He is considered to be one of the leading authorities in the world on economic crime. Dr Shima Keene Visiting Lecturer in Security Studies and Law B.Sc. (Buckingham); M.Phil (Cranfield, DCMT); Ph.D (Lond) Shima is Director of the Security Economics Programme at the Institute for Statecraft, London; Director of the Conflict Studies Research Centre, Oxford; A Deployable Civilian Expert, Security and Justice Function, UK Stabilisation Group; and consultant to the Head of Force Intelligence and Specialist Operations, Thames Valley Police. She is an author of the book "Threat Finance: Disconnecting the Lifeline of Organised Crime and Terrorism" and an international authority on matters relating to National and International Security. Professor Dmitry Gololobov Visiting Lecturer in Russian Law J.D. (Rus), Ph.D. (Rus), LL.M (Lond), LL.M (LSE), LL.M (UCL), Ph.D. (QMUL), Advocate of the Moscow Bar Solicitor of England and Wales Professor Gololobov is of counsel at Law, principal at Gololobov and Co (UK), former general Counsel, Yukos Oil Co (Russia) and a Visiting Professor of Law at the University of Westminster. Mr Richard Parlour Visiting Lecturer in Financial Law and Compliance T.D., M.A. (Cantab); FRSA, FSALS, MSI, Solicitor

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Richard is the principal of Financial Markets Law International, UK. He has worked for a number of leading City law firms including Clifford Chance and Richards Butler. He is an international expert in financial law and international litigation and the author of a number of articles. He is also Chairman of the Financial Crime Committee of the Federation of Small Businesses in the UK. Dr Michael Reynolds Visiting Lecturer in the Law of Dispute Resolution and Arbitration PhD (LSE), MSc (Lond), LLM (Lond), FCIArb. Solicitor and Chartered Arbitrator Programme Associate in Civil Justice Research, at the Centre for Socio Legal Studies, University of Oxford, and PHD House Tutor and Senior Lecturer at GSM London. Dr Bian Jing Visiting Lecturer in Chinese Financial Law LL.B (Hebei, China); PG.Dip (Beijing Technology & Business); LL.M. (London Metropolitan); Ph.D. (Lond) Dr Bian Jing was a senior official in the Ministry of Justice in China before pursuing a PhD in financial services law at the School for Oriental and African Studies at the University of London. Currently she has a senior position in a financial services firm in the City of London.

Dr Jacob Baylon Schumacher

Visiting Lecturer in Corporate Finance and law

BA (Hons); BA (Hons); MA (Lond); MSc (Lond); Ph.D. (Lond)

Jacob is a PhD Graduand in Finance and Management at the School of Oriental and African Studies, University of London. He is also a Senior Teaching Fellow in Finance and Management at the School of Oriental and African Studies in the University of

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London. He specialises in Financial and Corporate Financial Law with particular interest in foreign investment in China's financial services sector.

Ms ShenShen Lin Visiting Lecturer in Tax Law B.A. (China Foreign Affairs University, China); M.Phil. (Cantab) Ms Lin is a manger in the Tax Department of KPMG, London. Dr. Gerhard Oberholzer Visiting Lecturer in Financial Law B.Comm., LL.B., Ph.D.(Cantab.); Solicitor Dr. Oberholzer is a Partner at AgFeLLP, with many years of experiences in managing international funding arrangements in both the public and private sectors. He has lectured regularly on the Corporate Finance Law module, and supervises dissertations over his area. Mr Christopher Stears Visiting Lecturer in Financial Law and Compliance LL.B. (Hons), LL.M (BPP); Chartered MSCI, Solicitor Chris is a solicitor, regulatory consultant and chartered member of the Chartered Institute for Securities & Investment. His practice areas include company commercial, insurance, construction, corporate finance & financial services. He is the research director at CCP Research Foundation C.I.C and visiting lecturer in financial regulation and compliance at BPP University. Chris is currently writing his PhD at the Institute of Advanced Legal Studies on the legal risk profile of asset/wealth management services. He has authored/contributed to various academic and practice-focused publications, most recently as academic scholar to the Law

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Commission on its ‘fiduciary duties’ project. Chris is also the Editor-in-Cheif of the IALS Student Law Review and Consultant Contributor on the Law and Practice relating to Financial and Corporate Risk for The Company Lawyer. Mr Dominic Thomas–James

Programme Leader in Commercial Law and Lecturer in Commercial Law

LL.B (Hons) (Lond), M.Phil (Cantab), Barrister

Dominic is a researcher at the Centre of Development Studies, University of Cambridge and member of Queens’ College, Cambridge. Prior to being Called to the Bar of England and Wales by the Inner Temple, Dominic obtained his Masters from the University of Cambridge, and qualified as a Civil and Commercial Mediator, accredited by the ADR Group. He is a senior organiser of the International Symposium on Economic Crime at Jesus College, Cambridge and member of the Cambridge Tax Discussion Group. He is currently engaged in research for the Society of Conservative Lawyers on the legal implications of “Brexit”. Dominic regularly gives papers and talks at conferences and universities, including Stanford Law School and the International Symposium on Economic Crime at the University of Cambridge.

Mr Jeffrey Bryant Visiting Lecturer in Criminal Law M.A.(Oxon); Barrister

Mr Bryant is a Specialist Prosecutor and Crown Advocate in the CPS Proceeds of Crime Service, where he deals with asset recovery work in international and serious organised crime cases. He was the reviewing lawyer in the leading Supreme Court case of R v Waya [2013] 1 A.C. 294 and successfully brought the first High Court Serious Crime Prevention Order proceedings against Curtis Warren, Interpol's former number one target. Mr Bryant has acted on behalf of numerous overseas governments and was a member of a post-Arab Spring Task Force in Egypt. He has contributed to the leading textbook, Mitchell, Taylor and Talbot on Confiscation and the Proceeds of Crime for over a decade and is to be a co-author of the next edition of Market Abuse and Insider Trading."

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Ms Claire Drury

Visiting Lecturer in Financial Law and Compliance

LL.B.(Hons)(Hull), LL.M. (BPP), Barrister

Claire is a barrister in England and Wales specialising in financial misconduct and regulatory enforcement. Claire was a tenant at 4 Bream Buildings for 10 years where she maintained a criminal law practice covering both defence and prosecution work. Claire is currently an enforcement lawyer and investigator at the Financial Conduct Authority.

Mrs Bo Xu

Visiting Lecturer in Chinese Finance Law

Msc. in Microeconomics (Liaoning University), Msc. in Finance (Liaoning University), Msc. in Risk Management, Operation and Regulation, (ICMA Centre, University of Reading)

Bo is a former Principle Financial Auditor Liao Ning Education Committee, Director of Discovery Network, Business Manager Ministry of Justice UK, currently Director of BE Group (Business Enterprise Group).

Dr Li Xuebin Visiting Lecturer in Criminal Justice BSc (Criminal Police University of China); PhD (Cardiff) Dr Li used to work in the People’s Public Security Bureau of China before undertaking research at the University of Cardiff. He now works for the UK Ministry of Justice. Mrs Kathryn Arnot Drummond

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Visiting Lecturer in Law M.A. (Hons) (Edinburgh); GDL (BPP); Barrister Mrs Arnot Drummond is a criminal defence barrister practising at 25 Bedford Row. Before joining 25 Bedford Row as a pupil barrister and now tenant, Kathryn worked at Peters & Peters LLP and Kingsley Napley LLP. Kathryn has co-authored a number of papers and articles on white collar crime and the interdiction of criminal property. She specialises in serious crime, drugs, fraud and public disorder cases.

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Mr Ian Williams Visiting Lecturer in Law LL.B. (Hons.), Solicitor. Mr. Williams is a Director with Baker Tilly Restructuring and Recovery LLP. He is also a solicitor and an experienced litigator and has worked on a number of significant international insolvencies and restructurings. His practice consists of insolvency practitioners, banks, other creditors and stakeholders. He has lectured extensively and has contributed to the standard texts on insolvency issues. He has contributed articles to Insolvency Intelligence, Recovery and the Journal of American Bankruptcy Institute. He has been admitted pro hac vice to courts in Florida, New Jersey and New York. Ian served two terms as the Vice President for International Affairs of the American Bankruptcy Institute and was a Director of INSOL International. Mr Salim Al-Ali Visiting Lecturer in Islamic Law LL.B. (Hons); MSc Salim is a Lecturer in Law in the College of Law at the United Arab Emirates University in Abu Dhabi. Also, he is currently a PhD researcher at the Institute of Advanced Legal Studies, University of London. Ms Sophie Howard Visiting Lecturer in Commercial Law

MA (Hons) Solicitor

Ms Howard is a qualified solicitor in England and Wales and Hong Kong and gained an MA (Hons) from Sidney Sussex College University of Cambridge where she studied law.

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Ms Howard has extensive practical experience predominantly in commercial litigation, governance and regulation including 10 years spent at Linklaters working in London, Hong Kong and Frankfurt. Ms Howard currently specialises in law firm regulation.

Ms Manvir Kaur Visiting Lecturer in Law LLB (Westminster), LLM (BPP) Ms Kaur graduated with a LL.B at the University of Westminster and recently gained an LL.M in Commercial Law, with a distinction classification from BPP University Law School. She currently serves as an Independent Law School Academic at the Westminster Bar Society and a Mentor under the Career Development Mentoring Scheme in the University of Westminster. Ms Kaur specialises in and is currently conducting research into the law relating to distance selling, computer misuse and data security. LLM Student Manager Mrs Judy Alexander BA (Qingdao); BA (Hons) Law and Social Policy (Anglia Ruskin University); Postgraduate in Law (City) Judy has worked for a number of universities in the UK and overseas and has been a guest lecturer in law at BPP. She has also worked in law enforcement, most recently for the Cambridge Police.

LLM PROGRAMME REGULATIONS PROGRAMME REGULATIONS: MASTERS IN LAW IN THE SPECIALISM OF:

• Commercial Law • International Business Law • Comparative Commercial Law

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• Financial Regulation and Compliance • Trans-national Criminal Justice • International and Comparative Tax Law • Chinese Investment and Business Law (incorporating Chinese Business Law and Chinese Investment Law and Finance Law) • Islamic Investment and Business Law (incorporating Islamic Business Law and Islamic Investment Law and Finance Law).

Authority 1. These regulations are made under the authority of the University College’s General Academic Regulations, Part A, Paragraph 7, and in

accordance with these provisions, are cited as the Masters in Law Programme Regulations.

Conditions for Admission

2. A degree from a UK university or an internationally recognised university, in law or a related area of study such as criminology and criminal justice, or a degree in which there is a substantial proportion of study devoted to law.

3. The degree should be classified as an lower second class degree, unless there are exceptional circumstances justifying admission on the

basis of a lower qualification 4. A degree in a non-legal area of study may, provided there is sufficient evidence of professional knowledge and experience, justify

admission in particular to the LLM in Financial Regulation and Compliance and the LLM in Trans National Criminal Justice. 5. For the avoidance of doubt, call to the bar or admission as a solicitor in England and Wales or the equivalent in another jurisdiction may

be considered equivalent to the requirements set out in 2 above. 6. For applicants whose first language is not English the University’s general admission requirements in relation to the English language

must be satisfied e.g an IELTS score of 6.5 or equivalent, with a minimum of 6.0 in each element or equivalent. Conditions of Acceptance 7. An offer of a place on the programme is subject to the terms and conditions stated in the documentation accompanying the offer, these

regulations and the General Academic Regulations, as in force at the time of interpretation. The acceptance of the offer is taken as agreement to these regulations.

Specialisms and Prerequisites

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8. To qualify for the award in one of the following specialist areas:

LLM in International Business Law LLM in Comparative Commercial Law LLM in Commercial Law LLM in Financial Regulation and Compliance LLM in Trans-national Criminal Justice LLM in International and Comparative Tax Law the candidate must take the designated core module in that specialist area, three elective modules and complete the dissertation on an approved topic within the designated area.

9. To quality in LLM Chinese Investment and Business Law, a candidate must take two cores - Chinese Investment and Finance Law and

Chinese Business Law, two elective modules and complete the dissertation on an approved topic within the designated area. 10. To quality in LLM in Islamic Finance and Business Law, a candidate must take two cores - Islamic Finance Law and Islamic Business

Law, two electives and complete the dissertation on an approved topic within the designated area. 11. There are no prerequisite modules within the programme. The pathways to designated awards shall be set out in the programme

specification. Conditions for Progression

12. A student may not submit the dissertation until they have passed the core and elective module(s). Reassessment of Failed Assessment(s)

13. A student who fails one or more assessment component(s) will only be reassessed in the failed assessment component(s). An

assessment ‘component’ is an individual assessment within a module that must be passed irrespective of the scores achieved on the other assessments in the module. An assessment element is an individual assessment the marks of which may be aggregated with the marks of other assessment elements within the module to achieve a pass, even though the individual element itself may not be at the pass mark.

14. A student who fails an element of an assessment but passes the module overall shall not be required to be reassessed in that element.

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15. A student who fails an element of an assessment and fails the module overall will be reassessed in all elements of the assessment.

16. A student shall be permitted three attempts at each assessment component; one first sit and two re-sits. Further attempts may only be permitted in accordance with the regulations on appeals and the rules on concessions.

17. Where a student re-sits and passes an assessment component the component mark shall be capped at the pass mark. The capped mark

shall be aggregated with the original mark(s) of the other component(s) and the aggregated mark shall appear on the transcript. Condonation 18. A student may be condoned by the Board of Examiners once in one module where the student has:

(1) achieved a mark in the range 45%-49%; and, (2) has no other fail marks; and (3) has otherwise met the intended learning outcomes of the module.

19. Condonation shall not be applied to: (1) programmes of fewer than 120 credits; (2) modules greater than 30 credits; (3) modules comprising a research project; (4) modules excluded in the programme regulations.

20. Condonation will be granted prior to the final Board of Examiners for the award only where the student has exhausted all permitted attempts at the assessment and would otherwise be required to permanently withdraw from BPP University College.

Conditions for the Granting of Awards

21. A student who completes an approved programme of study, as described in the Programme Specification shall be awarded a Masters in Law in the approved specialism. 22. Those students who choose to exit the Programme without completing it may nevertheless be entitled to exit with an award as indicated below:

• PG Certificate in Law provided they complete an approved programme of modules and the learning outcomes for such award as set out

in the Programme Handbook

LL.M Degree

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• PG Diploma in Law provided they complete an approved programme of modules and the learning outcomes for such award as set out in the Programme Handbook.

Classification of Award

23. The following classification will be adopted:

Distinction 70% or above aggregate score Merit 60-69% aggregate score Pass 50-59%

Anonymity

24. All student work submitted for assessment for taught master’s programmes shall be anonymised for the purposes of marking except where

the form of presentation precludes such anonymisation e.g. personal presentation and performance. All items of assessment should be identified by candidate number only.

Word Length

25. Where an assessment carries a maximum word length, the number of words in an assessment shall be calculated in accordance with the

principles stated in the Programme Handbook or assessment rubric provided to students in advance of that assessment. 26. Words in excess of the stipulated word limit for an assessment shall not be marked. Confidentiality 27. A student’s assessment results shall be confidential to the student concerned unless the student grants permission to release the results

to a third party.

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