LLM International Commercial Law
Graduate Taught (level 9 nfq, credits 90)
With the enormous growth in international commerce over the last few decades knowledge of international commercial law has become an essential element of legal practice in all major law firms. The programme is also especially relevant to those seeking opportunities in the commercial world. Members of staff in the Sutherland School of Law have engaged in major research in this area spanning the full range of international commercial law from the World Trade Organisation through competition law in the domestic, European and international contexts to the issues arising out of the complexities of regulation.
To understand and think critically about various facets of International Commercial Law;
To apply their knowledge and understanding of International Commercial Law to real and hypothetical factual situations;
To conduct independent research and write coherent, well-structured papers.
The Sutherland School of Law offers a wide range of modules for the Masters programmes. Modules of especial interest to those undertaking this programme include:
EU Competition Law builds on your prior knowledge of EU constitutional and EU economic law by critically examining how EU competition law governs particular actions of private market actors. It considers the rationale behind EU competition law and how this area of law fits in to the EU's economic order and philosophy. It goes on to explore and critique the substantive and institutional dimensions of TFEU Articles 101 (governing, amongst other things, cartels between firms) and 102 (governing abuses of dominant market positions). This module additionally considers the relationship between national and EU competition law, as well as the institutions active in enforcing EU competition law at national and EU levels.
Corporate Governance will cover both the legal and regulatory environment and the informational and market infrastructures which apply in Ireland and the wider EU. The objective of this module is to develop an understanding of the development of corporate governance and its importance to companies and their stakeholders. It seeks to provide a framework for analysing how regulations impact on corporate decision-making, ethics and planning. The module will investigate the processes of supervision and control within companies and determine what the primary aims of those processes should be. It will examine the regulations and norms which seek to ensure that directors act in the interests of shareholders or wider stakeholder groups as appropriate. It will examine both the theory and the reality of shareholder democracy. Throughout the module, consideration will be given to the important question of determining the appropriate form of regulation to achieve the desired aims of corporate governance.
International Commercial Arbitration is a study of the domestic and international law and practice of commercial arbitration.The course will cover: The Arbitration Agreement: form; scope and effect; the proper law of the arbitration agreement; giving effect to the agreement to arbitrate; litigating the subject matter of an agreement to arbitrate; staying litigation pending arbitration; frustration, repudiation and abandonment of arbitration agreements. The Arbitrator: appointment, replacement, removal; duties and powers; immunity from suit; ethical obligations and considerations. The Arbitral Proceedings: procedure and evidence; the ICC and other institutional rules of procedure; the proper law of the proceedings; the proper law of the dispute; separability and arbitrability of disputes; equity clauses and the lex mercatoria. The case stated. The award: formal and substantive requirements; reliefs and remedies; costs and interest. Challenges to an arbitral award: domestic and foreign awards; the Geneva and New York Conventions. Arbitration of international investment disputes; the ICSID system and rules. State involvement in arbitration. The UNCITRAL model law and the reform of arbitration law.
The Comparative International and European Law (CIEL) programme is an exchange programme for registered full-time LLM students. The programme includes joint thesis supervision with academic colleagues at both the home and host institution. Upon successful completion students are awarded the CIEL certificate in addition to their LLM award.
Maastricht University (Courses through English: English as first language or an overall score of score 6.5 in IELTS)
Universität Mannheim (Courses through German: German as first language, Leaving Certificate B2 or equivalent)
Universitat Pompeu Fabra (Courses through English: English as first language or an overall score of score 6.5 in IELTS)
Université Toulouse 1 Capitole (Courses through French: French as first language, Leaving Certificate B2 or equivalent)
University of Antwerp (Courses through English: English as first language or an overall score of score 6.5 in IELTS)
University of Zagreb (Courses through English: English as first language or an overall score of score 6.5 in IELTS)
Students admitted to LLM programmes holding a 2:1 in their undergraduate Law degree and relevant language results are eligible to apply in late September/Early October when they have begun their programme. Spaces are allocated on a competitive basis. Open to September start students only.
LLM Exchange to the University of Melbourne
Sutherland School of Law will offer one full-time registered LLM, September start, student the opportunity to spend Semester Two of their full-time LLM programme in the University of Melbourne. This is open only to students admitted to an LLM programme holding a high 2:1 in their undergraduate Law degree. Allocation will be based on academic performance to date and interview. Application to this will open in October.
Additional Notes for Applicants:
Please note that the Part Time programme has the same timetable as the full time programme but is held over 2 years rather than 1 year.
January start full time students will be expected to submit a dissertation title as soon as they have registered for the programme, January, and will have to submit a proposal and poster within the first weeks of their first semester.
There will be dissertation seminars in weeks 1-4 on Tuesdays and Wednesdays 11-1pm (Jan-May term)
Vision and Values Statement
The programme gives students, who already hold an undergraduate degree in law or have practised law for a significant period, a deeper understanding of international commercial law. Graduates acquire knowledge, understanding and skills that are particularly useful for those wishing to practise with specialist corporate law firm or wishing to work as an in-house legal adviser.
Students are challenged to understand and think critically about various facets of international commercial law, in its broader social and political context. The understanding thereby acquired is also relevant to their contribution as citizens in an increasingly wide range of areas.
We strive for a learning environment that encourages students to work individually or as part of a team, so they can develop their own and others' leadership, teamwork and communication skill, with a special emphasis on the applicability of these in the actual practice of international commercial law.
To these ends, the programme makes intensive use of teaching, learning and assessment approaches such as small-group teaching, in-class presentations (individual and group), problem-based learning and academic writing. A 30 credit dissertation on a topic devised by the student, or a group project devised by the project partner, is an integral part of the programme.
demonstrate specialised knowledge and understanding of International Commercial Law.
apply their knowledge and understanding of international commercial law and their problem-solving abilities in diverse environments.
use knowledge of substantive law to critique arguments as to whether and how the law in this field is in need of reform.
integrate source material from a variety of disciplinary areas to reach reasoned decisions about the relative status of competing claims to knowledge.
unpack complex legal arguments and to render intelligible to a non-specialist audience, key disciplinary insights.
have the intellectual toolkit required to research and write a major dissertation.