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International and Comparative Law

  • Module code: LL5304
  • Year: 2018/9
  • Level: 5
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

This module is an elective for the LLB(Hons) programme and a core for the LLB(Hons) International programme. It aims to provide an understanding of how globalisation affects our lives, though a specific anaIysis of public international law, and the French, German and American legal systems.

The module introduces you to the legal systems of France, Germany and the United States. The first part is spent on the legal history and sources of law of the legal systems. The second part covers the constitutional aspects as well as the court system in France, Germany and the US. This module consists of feedback/feedforward sessions and workshops. Workshops will focus on the comparative aspects of the legal systems.

It then introduces you to public international law as a globalised legal system regulating the relations between states. It focuses first on the relevant institutions, the sources of international law as well as the concept of international legal personality and statehood. The substantive part consists mainly of the use of force, the title to territory, the right to self-determination as well as the law of the sea.

Aims

  • To raise large jurisprudential questions as to the nature and role of legal systems generally and their relationship with the societies in which they exist.
  • To encourage students to see the legal system of their own society from a different perspective and, through comparison, to see features of the English legal system more clearly and the role that public international law may play within it.
  • To make students familiar with the basic features of a civil legal system and equip them with enough knowledge to research a point of law of a civil legal system.
  • To develop appropriate skills in researching, analysing and solving factual problems in public international law.
  • To help students understand the fundamental theories of public international law.

Learning outcomes

On successful completion of the module, students will be able to:

  • Show evidence of research and analytical skills and be able to communicate effectively both orally and in writing.
  • Be aware of large jurisprudential questions as to the nature and role of legal systems generally and their relationship with the societies in which they exist.
  • Undertake research, analyse, synthesise information and conceptualise abstract thought as well as solve factual problems.
  • Appreciate the differences (and similarities) between common law systems (eg American) and civil legal systems (eg French) as well as the sui generis features of public international law (PIL).
  • Understand the interaction and distinction between PIL and international relations as well as the importance of political, economic and social considerations that PIL naturally entails.

Curriculum content

  • The great legal families of the world, in particular the common law and the Romano-Germanic one, and the nature of PIL.
  • Outline of the main legal historical features of PIL, the French, German and American legal systems as well as their ideological foundations.
  • Sources of law in PIL, France, Germany and America: treaties, codes and other written primary sources, the role of case law, its nature, style and status as well as the determination of the role of unwritten sources, most notably in PIL. The interrelationship between different sources and their hierarchy.
  • Main features of the constitutional framework in America, Germany and France and the application of the separation of powers.
  • Substantive aspects in comparative law: human rights in America, France and Germany.
  • The specific features of PIL in contrast to the ones characterising domestic legal systems: the consequences of states as the main subjects of PIL, the use of force, the law of the sea and the acquisition of territory.

Teaching and learning strategy

The module will be taught through a mixture of feedback/feedforward sessions and workshops, for which directed prior reading will be necessary. Students will be given feedforward guidance on how to approach the coursework and the examination.

Due to the experiential nature of the learning on this degree, and the importance of professional development enabling students to develop practical skills, learn from and interact with others, attendance is compulsory. Any students not attending a minimum of 80% of their timetabled sessions will be at risk of academic failure or termination from the course.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching Feedback/feedforward sessions and workshops 66
Guided independent study 234
Total (number of credits x 10) 300

Assessment strategy

This consists of a piece of coursework taking the form of an exercise requiring research on an essay-style theme or a set of facts that give rise to a legal problem and advice on the issues raised; and an unseen exam containing a mixture of essay-based and problem-based questions. The coursework will enable students to demonstrate their ability to research and critically assess or apply the law, and a mixture of essay- and problem-based questions in the exam will allow them to demonstrate their knowledge, understanding and ability to apply the law. Formative assessment will take place in seminars and via the coursework (which is also summative).

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1) Show evidence of research and analytical skills and be able to communicate effectively both orally and in writing. Summative, formative: coursework and/or exam (oral communication in seminars: formative)
2) Be aware of large jurisprudential questions as to the nature and role of legal systems generally and their relationship with the societies in which they exist. Summative: coursework and/or exam
3) Undertake research, analyse and synthesise information and conceptualise abstract thought as well as solve factual problems. Summative: coursework and/or exam
4) Appreciate the differences (and similarities) between common law systems (eg American) and civil legal systems (eg French) as well as the sui generis features of PIL. Summative: coursework and/or exam
5) Understand the interaction and distinction between PIL and international relations as well as the importance of political, economic and social considerations that PIL naturally entails. Summative: coursework and/or exam

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
Written Exam Written Exam 60
Coursework Coursework 40
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

C Elliott, E Jeanpierre and C Vernon, French Legal System (Pearson Education)

G P Fletcher and S Sheppard, American Law in a Global Context (Oxford University Press)

N Foster and S Sule, German Legal System and Laws (Oxford University Press)

M Dixon, Textbook on International Law (Oxford University Press)

R Youngs, English French and German Comparative Law (Routledge)

K Zweigert and H Koetz, An Introduction to Comparative Law (Oxford University Press)

R David and J E C Brierley, Major Legal Systems in the World Today (Stevens) 

P Malanczuk, Akehurst's Modern Introduction to International Law (Routledge)

A Cassese, International Law (Oxford University Press)

M Dixon and R McCorquodale, Cases and Materials on International Law (Oxford University Press)

M Evans, Blackstone's Statutes on International Law Documents (Oxford University Press)

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