THE SCHOOL OF LAW CALENDAR FÉILIRE SCOIL AN DLÍ
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1 THE SCHOOL OF LAW CALENDAR FÉILIRE SCOIL AN DLÍ CALENDAR FÉILIRE The Calendar is valid for that Session. Whilst every effort is made to ensure the contents of the Calendar are accurate, the Calendar is issued for the guidance of students and staff only. The Calendar is not an offer to supply courses of study nor is it in any way to be construed as imposing any legal obligation on the University to supply courses either at all or in part in respect of any subject. No guarantee is given that courses, syllabuses, fees or regulations may not be altered, cancelled or otherwise amended at any time. The Calendar confers no rights on any student registered for the Session
2 NUI GALWAY PUBLISHES THE FOLLOWING CALENDARS: General Calendar COLLEGE CALENDARS The College of Arts, Social Sciences, and Celtic Studies The College of Business, Public Policy and Law The J.E. Cairnes School of Business and Economics Calendar The School of Law Calendar The College of Engineering and Informatics The College of Medicine, Nursing and Health Sciences The College of Science Ollscoil na héireann, Gaillimh (Comhollscoil d Ollscoil na héireann) Postal Address: Main Telephone No.: University Rd., Galway (national) (international) (Every Extension Number in the University has a Direct Dial In Number (D.D.I.). Simply prefix the extension number with the digits 49. e.g. Extension 2311 has a Direct Dial In Number (091) Telefax No.: (national) (international) Internet Address: National University of Ireland, Galway (Constituent University of the National University of Ireland) Cover Design by SNAP Printing Printed for Údarás na hollscoile by SNAP Printing, Briarhill Business Park, Ballybrit, Galway. August 2014 University Calendars are available online on the NUI Galway website: 2
3 Contents Page The School of Law Staff 4 Introduction to the School of Law 7 Undergraduate Programmes Bachelor of Corporate Law (B. Corp. Law) 14 Bachelor of Civil Law (B.C.L.) 23 Bachelor of Arts (Legal Studies) 9 Postgraduate Programmes Bachelor of Laws (LL.B.) 30 Master of Laws (LL.M.) 53 Master of Laws in Public Law 55 Master of Laws in International and Comparative 64 Disability Law and Policy Master of Laws in International Human Rights (LL.M.) 70 Master of Laws in Peace Operations, Humanitarian Law 73 and Conflict (LL.M) Master of Laws in Human Rights (Cross Border) 76 Master of Laws in Human Rights and Criminal Justice 79 (Cross Border) Master of Laws in International Criminal Law 82 Law School Scholarships and Prizes 97 3
4 THE SCHOOL OF LAW FLOOR 2, TOWER 2 The Law School Direct: Tel: / Fax: [email protected] (Every Extension Number in the University has a Direct Dial In Number (D.D.I.). Simply prefix the extension number with the digits 49) HEAD OF SCHOOL AND ADMINISTRATIVE STAFF Professor Donncha O Connell 2388 [email protected] Head of School Ms. Patricia Conroy 5614 [email protected] Ms. Carmel Flynn 3082 [email protected] Ms. Tara Elwood 2752 [email protected] Ms. Chrissie Mulgannon 2389 [email protected] Mr. Michael Coyne 4067 [email protected] ACADEMIC STAFF Buckley, Dr. Lucy-Ann 3661 [email protected] Callanan, Ms. Deirdre 3843 [email protected] Connolly, Ms. Ursula 3250 [email protected] Daly, Dr. Eoin 3362 [email protected] Danaher, Dr. John 5783 [email protected] Donnelly, Mr. Larry 5372 [email protected] Gardiner, Ms. Caterina 3355 [email protected] Griffin, Dr. Diarmuid 5614 [email protected] Hanly, Dr. Conor 3390 [email protected] Hinds, Ms. Anna-Louise 3870 [email protected] Kennedy, Mr. Rónán 5626 [email protected] Kenna, Dr. Padraic 3230 [email protected] Keys, Dr. Mary 3805 [email protected] Long, Prof. Ronán 3875 [email protected] Murphy, Ms. Nicola 3001 [email protected] O Malley, Mr. Tom 2687 [email protected] O Mahony, Dr. Charles 4391 [email protected] O Sullivan, Ms. Maureen 5627 [email protected] Quinlivan, Ms. Shivaun 3842 [email protected] Quinn, Professor Gerard 3014 [email protected] Smyth, Dr. Ciara 2937 [email protected] Tobin, Mr. Brian 4356 [email protected] 4
5 Part-Time Assistants McKeown, Mr. Eugene IRISH CENTRE FOR HUMAN RIGHTS Direct: Tel: Fax: Administrative Assistant 3948/3609 Cavanaugh, Dr. Kathleen 3799 Darcy, Dr. Shane 3947 Murphy, Prof. Ray 3081 Yahyaoui, Dr. Ekaterina 2065 Higgins, Dr. Noelle 2819 O Flaherty, Prof. Michael 3726 CENTRE FOR DISABILITY LAW AND POLICY Direct: Tel: (0) Fax: (0) SMS/Text Phone: +353 (0) [email protected] Website: Quinn, Prof. Gerard 3014 [email protected] Director Faherty, Ms. Mary 5888 [email protected] Flynn, Dr. Eilionóir 4010 eilionó[email protected] Forde, Ms. Joanna 4011 [email protected] Gooding, Dr. Piers 4272 [email protected] Kerslake, Ms. Anna Arstein 4008 [email protected] Keogh, Ms. Sinead 4009 [email protected] Kline, Ms. Jennifer 4013 [email protected] May-Simera, Charlotte 4020 [email protected] Rekas, Ms. Abigail 4012 [email protected] Terrins, Mr. JB 2085 [email protected] 5
6 ADJUNCT PROFESSORS The Law School Mrs. Justice Catherine McGuinness Judge Kevin V. Ryan Irish Centre for Human Rights Professor Michael D. Higgins Professor Joshua Castellino Professor William Anthony Nott Dr. Iognaid O Muircheartaigh Centre for Disability Law & Policy Professor Paul M.A. Baker Professor Jerome Birkenbach Professor Peter Blanck Professor Patricia Noonan-Walsh Dr. Soumitra Pathare ADJUNCT LECTURERS Irish Centre for Human Rights Dr. Nadia Bernaz Dr. Elvira Dominguez Redondo Dr. Terry O Neill Centre for Disability Law & Policy Mr. Dennis Driscoll 6
7 INTRODUCTION The NUI, Galway Law School has a long and distinguished tradition of law teaching and research which goes back to the mid-nineteenth century. It is a tradition that the school strives to maintain and to surpass by constantly working for the highest quality in its teaching and research. Legal education has changed radically in recent decades, and this change will continue into the future as economic and technological developments put new pressures and demands on the legal system and legal services. Our school strives to respond to these changes by offering a flexible and varied programme that includes law degree courses and courses involving interdisciplinary study. Many of the traditional boundaries that separated public and private enterprise, or which were commonplace in manufacturing and the services, are fast disappearing. The traditional approach to legal education no longer serves the needs of all students, and the school constantly strives to find new ways to better prepare graduates for the public or private practice of law in this rapidly changing world. The school has responded to our students needs in a variety of ways. The traditional law degree programmes, the Bachelor of Civil Law (B.C.L.) and Bachelor of Laws (LL.B.) degrees offer a rich curriculum of core and optional subjects, and all students are encouraged and assisted in acquiring skills in legal analysis, legal research and in written and oral communication. Interdisciplinary programmes such as the Bachelor of Corporate Law degree (B.Corp. Law) and the Bachelor of Arts (Legal Studies), allow students to combine legal study with commerce, languages, humanities and social science disciplines. The student Law Society and moot court competitions encourage students to develop their research, and oral and argumentative skills in a more entertaining and enjoyable way. The school has developed links with the University of Maine in the United States and with some twenty European universities, such as Poitiers, Leuven, Leiden and Wurzburg, under the ERASMUS/SOCRATES programme of the EU. These links afford interested students the opportunity to pursue part of their law studies abroad. The Law School, like the University, puts a high priority on its research mission. School members are encouraged to develop and pursue a strong and committed research agenda, and to foster in our students high standards of scholarship. School staff members are engaged in research in a number of fields including Human Rights, Legal Theory, Criminal Law, Commercial Law, Media Law and Disability law. The Irish Centre for Human Rights and the Centre for Disability Law and Policy are located in the School. LL.M. programmes in Public Law, International and Comparative Disability Law and Policy, International Human Rights, Peace Operations, Humanitarian Law & Conflict, and International 7
8 Criminal Law are offered by the School (see below). There are also developing research groupings such as the Corporate and Business Law Unit, which aims to promote research in the area of Corporate and Business law. Summary of Law School Programmes UNDERGRADUATE PROGRAMMES Law may be studied at undergraduate level in NUI, Galway in the following programmes: 1. Bachelor of Corporate Law (B.Corp. Law) in the School of Law. 2. Bachelor of Civil Law (B.C.L.) in the School of Law. 3. Bachelor of Arts (B.A.) in Legal Studies in the College of Arts. 4. Bachelor of Commerce (B. Comm.) in the School of Business and Economics. 5. Bachelor of Arts (Public and Social Policy) in the College of Arts. 1. Bachelor of Corporate Law Degree This course is of three years duration and involves the study of a range of law subjects along with key elements of commerce. There is also the option to take a modern language (at present French, German, Spanish or Italian) in each year of the course. Students who do not opt for the language component take additional commerce subjects. The law subjects to be taken for the degree include core subjects such as Torts, Contract, Constitutional and European Union Law as well as business law subjects such as International Trade, Industrial and Intellectual Property, Company Law and Comparative Competition Law. The number of students admitted to the B.Corp. Law degree is limited and application is made through the Central Admissions Office. The aim of the programme is to prepare students for careers as corporate lawyers in business and industry, in management and administration, and similar fields. The programme provides a foundation course in law, with a marked orientation towards business and commercial law, to provide students with the necessary intellectual formation and academic qualifications for obtaining employment in the legal division of a company or business organisation, or for law-related positions in banking, insurance or other corporations. 8
9 Students who wish to proceed to a professional legal qualification (solicitor or barrister) must comply with the requirements of the professional bodies, The Law Society of Ireland (solicitors) and The King s Inns (barristers). The subjects taken in the B.Corp. Law degree do not cover all of the core subjects required by the legal professions, although students have the option of taking the remaining subjects by pursuing a one-year full-time intensive LL.B. programme in the School (see below). 2. Bachelor of Civil Law (B.C.L.) The Law School offers a three-year B.C.L. degree programme covering all of the law subjects traditionally studied at undergraduate level. This is an ideal programme for students whose primary focus is a legal career. The broad range of courses available provides students with a solid grounding in law and the academic foundation necessary to prepare for entry to the legal professions. In line with this objective, all the core law courses will be covered as well as a number of complementary optional courses. 3. Bachelor of Arts (Legal Studies) The B.A. degree at NUI, Galway is of three years duration. Students must take four subjects (one of which may be Legal Studies) in the First Arts year and two of these are continued in the Second and Third Arts years. Legal Studies is the umbrella term for the study of law subjects in the B.A. degree programme. In First Arts all students may choose Legal Studies which comprises three modules, Irish Legal Systems, Key Issues in Irish Law and Legal Skills. It should be noted that in Second Arts there is a limit of 100 on the number of students admitted to Legal Studies. Places will be allocated on academic merit based on the results in the First Arts examination in Legal Studies (summer sitting), provided First Arts, as a whole, has been passed. In the Second and Third years, the term Legal Studies denotes the study of core or professional law subjects such as Torts, Criminal Law, Constitutional Law, European Union Law, Contract Law and Legal Methods and Research, as well as optional courses such as European Human Rights, Entertainment Law, Health Law & Policy and Law of the Sea. The optional subjects on offer may change from year to year. B.A. Legal Studies graduates are eligible to be considered for admission to the LL.B programme. The duration of the LL.B for such students is for one year. 9
10 Those students wishing to prepare for entry to the legal profession need to complete the LL.B. programme in order to study all of the core subjects required for legal practice. For further information on the B.A. programme, see the College of Arts Calendar. 4. Law in the Bachelor of Commerce Degree A range of law subjects, including Business law, Company law, and European Union law, have been traditionally offered within the Bachelor of Commerce (B.Comm.) programme. The available Law options have been substantially increased in recent years. A limited number of B.Comm. graduates who have taken the required number of law components may be admitted to Second Year LL.B., depending on the availability of places. Applicants who fulfill admission requirements are chosen on the basis of their performance in their degree examinations. For further information on the B.Comm. programme, see the School of Business and Economics Calendar. 5. Law in the Bachelor of Arts (Public and Social Policy) This programme was developed in co-operation with the School of Economics and the School of Political Science and Sociology to provide an educational foundation for students interested in public and social planning and administration. It seeks to address modern political and social challenges in the context of changes in the public policy-making process, the influence of the EU, and the evolving nature of public/private partnership. It is a multidisciplinary programme to which the Law School makes a major contribution. Among the Law courses offered are: Legal Policy, Constitutional Law, Sociology of Law, Law and Social Policy, European Union Law, Health Law and Social Policy. Graduates of the programme who have taken sufficient Law courses and who have obtained second class honours overall are permitted to enter the second year of the LL.B. programme if they wish to continue their legal studies. For further information on the B.A. (Public & Social Policy), see the College of Arts Calendar. 10
11 1. Bachelor of Laws (LL.B.) Degree POSTGRADUATE PROGRAMMES The LL.B. degree is a full law degree of three years duration, students wishing to take the degree part-time, may do so over four years. The basic requirement for entry to the first year of the LL.B. programme is a university degree, or professional or other qualification deemed to be of equivalent standing. The course is structured to facilitate those with work responsibilities in that lectures in obligatory subjects and in some optional subjects are provided in the evenings. However, a number of optional subjects are offered during the day only. Application is made directly to the Admissions Office, NUI, Galway. Students taking the LL.B. do so for a variety of reasons, some to enhance their knowledge and efficiency in their current employment, others to gain promotion, to enhance their employment prospects, or to enter the legal profession. B.A. graduates with Legal Studies to degree level may be admitted directly to third year of the LL.B. course provided they would have passed in Second Arts the subject Legal Methods & Research. BA (Public & Social Policy) Honours graduates (H2.2) may be admitted to Second LL.B. B.Corp.Law graduates have the option of joining the Third Year LL.B. programme as a means of extending their range of legal study. Honours B.Comm graduates (H2.2) may be admitted to Second LL.B. 2. Master of Laws (LL.M.) and Doctorate (Ph.D.) The Masters programme in law (LL.M.) in NUI, Galway is available either by research and presentation of thesis, or by taught courses. The normal duration for a research masters is two years. Candidates must usually be university graduates in law. It is also possible to proceed to the degree of Ph.D. in the Law School. 3. Master of Laws (LL.M.) in Public Law The Master of Laws in Public Law is available as a one-year programme of fulltime study or a two year programme of part-time study. It comprises course 11
12 work and the preparation of a dissertation. It is designed for graduates who wish to work in the field of Public Law with government and non-governmental organisations at national and international level, as well as in private practice, especially with respect to Public Interest Litigation. The programme focuses on the dynamics of legal and social change including contemporary law reform challenges in the public law area. 4. Master of Laws (LL.M.) in International and Comparative Disability Law and Policy The LL.M. in International and Comparative Disability Law and Policy is available as a one-year programme of full-time study or a two year programme of part-time study. It offers students an innovative and internationally focused programme dealing with the process of law reform and policy in the field of disability. This area of law is undergoing significant change as a result of the introduction of the United Nations Convention on the Rights of Persons with Disabilities. This change in the legal landscape has informed the content and topics for study in the LL.M. The mandatory modules address two issues, firstly, to provide students with an in-depth understanding of the core foundational themes in disability law and policy, secondly, to provide students with the necessary research skills to complete their programme of study. The optional modules address law and policy at international, regional and national level as well as addressing topical subjects such as Legal Capacity, Independent Living and Inclusive Education. 5. Master of Laws (LL.M.) in International Human Rights The Law School offers a taught LL.M. in International Human Rights Law which is run under the auspices of the Irish Centre for Human Rights. The programme is designed for human rights practitioners, lawyers, public servants, peacekeepers and others interested in the growing field of human rights. It involves course work and a dissertation, and may be taken as a one-year fulltime course or by part-time study over two years. The programme aims to prepare graduates for work in the field of international human rights, with international organisations, non-governmental organisations and as individual advocates. The course work begins with a general introduction to the systems and documents of international law, and proceeds to a series of specialised courses in such areas as economic and social rights, regional human rights systems, equality rights violations, international labour standards, refugees and asylum seekers and international humanitarian law. 12
13 6. Master of Laws in Peace Operations, Humanitarian Law and Conflict. The Masters in Peace Operations, Humanitarian Law and Conflict is a one-year programme of full-time study, combining two semesters of course work and the preparation of a dissertation. It may also be completed part-time, over two years. It aims to prepare graduates for work in the field of international peace support operations, with international organizations, non-governmental organizations and as individual advocates. 7. Cross Border LLM in Human Rights and Cross Border LLM in Human Rights and Criminal Justice provided jointly by School of Law, National University of Ireland, Galway and School of Law, Queen s University Belfast. The School of Law, National University of Ireland, Galway and The School of Law, Queen s University Belfast have established two new Masters programmes. These programmes, the first such law programmes in Ireland, will entail students attending classes for one semester in Galway, one semester in Belfast, and spending a summer in either location completing their dissertation. 8. Degree of Master of Laws in International Criminal Law The LLM (International Criminal Law) aims at providing students with an advanced understanding of the history and institutional structures of the various international criminal tribunals and the International Criminal Court. It equips students with an in-depth knowledge of the principles of international criminal law and its component crimes and procedural issues, while also allowing them to develop a critical approach to alternatives to international criminal justice, such as truth commissions 13
14 BACHELOR OF CORPORATE LAW (B. CORP. LAW) This three-year undergraduate degree programme provides a foundation course in law, with a marked orientation towards business and commercial law. It is interdisciplinary in nature, involving the study of business and commercial subjects as well as providing the option to study a foreign language. The programme is intended to give students a worthwhile intellectual formation, and the academic qualifications necessary to prepare for entry to the legal profession and to positions as corporate lawyers in business and industry. The programme will be available to a limited number of students. GENERAL REGULATIONS 1. (a) Subsequent to Matriculation candidates for the degree of Bachelor of Corporate Law shall be required to pass University Examinations in each of the three years of the programme. Students must have passed the First Year examinations to proceed to Year Two, and must have passed the Second Year examinations to proceed to Year Three. (Note that at the end of second year students may apply to join the B.Corp. Law International stream which extends the programme by one year.) (b) The basic entry requirements for this course are: (i) Passes at the Leaving Certificate Examination in Irish, English, another language, Mathematics and two other subjects; (ii) At least two higher level Grade C3s must be obtained at the same examination. Honours may be awarded at the First Year Examination and at the Degree Examination (Third Year). 2. At least three terms or one academic year must elapse between matriculation and the First Year Examination and at least six terms or two academic years between passing the First Year Examination and graduation. 3. The First Year Examination must be passed within two academic years from the date of entering the Course, except that students who are permitted to transfer to the First Year of the programme, having failed in another school, must pass the First Year Examination within three terms or one academic year of entering the Course. 14
15 4. Courses are organised on a semester basis. The academic year is divided into two periods, called semesters, which are of approximately equal length. Courses are organised into modules and carry a credit unit weighting, or value, which reflects the extent and difficulty of the course concerned. Courses are normally examined at the end of the semester in which the course was completed. 5. German, Spanish and Italian may be taken at beginners level in First year in addition to advanced level. Those wishing to take French must have obtained at least Grade C3 in French in the Leaving Certificate higher level paper, or otherwise satisfy the French Department that they have attained an equivalent level of competence in that language. The objectives of the Foreign Language Course are: (a) to give students satisfactory reading and comprehension skills with regard to appropriate legal texts in the Foreign Language, and (b) a satisfactory standard of general ability to communicate orally in the Foreign Language. Students not taking a Foreign Language course are required to take an additional Commerce course in the First Year and Second Year. They must take either an additional Commerce course or an additional Law course in the Third Year. 6. B. Corp. Law graduates will be eligible for admission to the LL.B. programme with appropriate exemptions such that the LL.B. may be completed in one year. Whereas every effort will be made to offer the courses as listed, each course may not be available every year. Courses are offered subject to availability of staff and sufficient demand. 15
16 REGULATIONS FOR FIRST CORPORATE LAW 1. Courses for the First Year are as follows: ECTS LW117 Constitutional Law 10 LW118 Contract 10 LW262 Law of Tort 10 LW131 Irish Legal Systems (First Semester) 5 LW107.ii Legal Methods & Research 5 (Second Semester) AY104 Introduction to Financial Accounting 5 (First Semester) AY105 Introduction to Management 5 Accounting (Second Semester) MS120 Business Information Systems (First 5 Semester) and MS121 Business Information Management 5 (Second Semester) or GR106 Legal German 10 or GR138 Beginners German 10 or LW109 Legal French 10 or SH140/SH102 Spanish 10 or IT105 Italian 10 Total In general, up to 25% of the marks in a subject may be awarded for mooting exercises, essays or other work completed during the year. However, in respect of Commerce subjects in the Bachelor of Corporate Law programme, up to 50% of the marks may be allotted to continuous assessment. 3. A student will normally be examined at the end of first semester in any course completed in that semester. 4. Repeat examinations will be held at the Autumn examination session. 16
17 5. The subject Legal Methods and Research is examined by means of regular assignments and an essay. 6. A candidate must have successfully completed 60 ECTS in First Year to proceed to the Second Year of the Programme. The Pass standard is 40% in each subject. Compensation will only be applied in cases where its application enables the student to successfully complete the programme as a whole. However the year may be passed by compensation provided: The aggregate mark for all modules of the year is at least 40%. No mark is below 35%. Not more than 15 ECTS have marks in range 35 39%. Note: Where one or more of these conditions have not been met each module where the mark is below 40% must be repeated. Marks of 40% and above are carried forward to the next session and are not repeatable. 7. Honours are awarded only on the aggregate performance to candidates who have successfully completed 60 ECTS, in accordance with the following standard: First Class Honours, 70%; Second Class Honours Grade One, 60%; Second Class Honours Grade Two, 50%; Third Class Honours, 40%. REGULATIONS FOR THE SECOND AND FINAL CORPORATE LAW YEARS 1. In order to be eligible for the award of the B.Corp.Law degree candidates must accumulate a minimum of 60 ECTS in Second Year and 60 ECTS in Final Year. This includes credits for all courses which are deemed obligatory. 2. Students must accumulate a minimum total of 60 ECTS within two academic years of having passed the First Year Examination. The 60 ECTS must include the obligatory courses specified for the Second Year. It is not possible to present for subjects which have been taken in previous years. 3. Repeat Examinations in the courses of the first and second semesters of the Second or Final Year will be held in the Autumn Examination Session. 4. A student will normally be examined at the end of each semester in the courses completed in that semester. Some courses may extend over two semesters and may be examined at the end of the second semester only. Note that some subjects may be examined entirely by continuous assessement the details of which will be communicated by the lecturer. 17
18 5. Essay Requirement (a) Students in Second Corporate Law shall be required to submit one essay of 5,000 words on the conditions to be notified by the Law School Office. This essay is a stand alone component which must be passed in order for the examination as a whole to be passed. It is valued at five ECTS. (b) Students in Final Corporate Law shall be required to submit one essay of 2,500 words on the conditions to be notified by the Law School office. The essay shall count for up to 20% of the marks obtained in the subject or module within which the essay is submitted 6. In respect of Commerce subjects in the Bachelor of Corporate Law programme, up to 50% of the marks may be allotted to continuous assessment. 7. (a) Honours in Second Year will be calculated according to the following table: H1 70% on the aggregate H2.1 60% on the aggregate H2.2 50% on the aggregate (b) Honours in Final Year will be calculated on the basis of 30% of the aggregate mark obtained in Second Year and 70% of the aggregate mark obtained in Final Year according to the following table: H1 70% on the aggregate H2.1 60% on the aggregate H2.2 50% on the aggregate H3 40% on the aggregate 8. Compensation: Compensation will only be applied in cases where its application enables the student to pass the Examination as a whole. The Pass standard for a Module is 40%. However a studenbt with marks of less than 40% in on or more modules will be deemed to have passed the Stage provided: The aggregate mark for all modules of the year is at least 40%. The mark in every module is 35% or more. Not more than 15 ECTS have marks in range 35 39%. Note: Where one or more of these conditions have not been met each module where the mark is below 40% must be repeated. Marks of 40% and above are carried forward to the next session and are not repeatable. 9. To proceed from Second Year to Final Year a candidate must have obtained the 60 ECTS specified for Second Year. 18
19 Second Year Courses Code Semester 1 ECTS LW215 Commercial Law 5 LW229 Company Law I 5 LW427 European Union Law I 5 EC139 EC165 Principles of Microeconomics or An Mhicreacnamaíocht 5 5 MG524 Management 5 Foreign Language * or MK204 Marketing Principles 5 Code Semester 2 ECTS LW237 Essay 5 LW231 Company Law II 5 LW428 European Union Law II 5 EC141 EC166 Principles of Macroeconomics or An Mhaicreacnamaíocht 5 5 MG206 Management of Organisational change 5 Foreign Language 10* or AY208 Business Finance I 5 *Courses marked with an asterisk are examined in Summer 13. The following are Obligatory and Optional Courses for Final Year: Final Year Courses Obligatory (Law): Code Subject Semester ECTS Language Others Students LW212 Labour Law I LW379 Legal and Business Ethics LW216 Labour Law II
20 Obligatory (Commerce): Code Subject Semester ECTS Language Others Students MG325 Employment Relations MG333 Cross Cultural Management Obligatory (Language): Code Subject Semester ECTS Language Others Students Foreign Language* Year 10 - Options: *The examination in the language courses may be held at the end of Semester 2 only. 14. Optional courses in the Final Year are to be selected from the lists below. The lists are subject to change and courses may be on offer in either or both semesters and may not always be available in a particular year. LIST A (Law Options) Code Subject ECTS LW371 Alternative Dispute Resolution 5 LW374 Banking Law 5 LW333 Comparative Competition Law 5 LW426 EU Competition Law 5 LW357 Environmental Law I 5 LW358 Environmental Law II 5 LW419 Health & Safety Law 5 LW356 Industrial and Intellectual Property Law 5 LW383 Information Technology Law 5 LW372 Insurance Law 5 LW382 International Business Law 5 LW364 International Trade Law 5 LW437 Moot Court 5 20
21 LIST B (Commerce Options) Code First Semester Subjects ECTS MK204 Marketing Principles 5 EC209 Managerial Economics 5 AY207 Management Accounting I 5 Second Semester Subjects AY208 Business Finance I (AY207 prerequisite) 5 EC213 Macroeconomics 5 MK203 Buyer Behaviour Analysis (MK204 prerequisite) 5 MK303 Global Marketing (MK204 prerequisite) 5 BACHELOR OF CORPORATE LAW (INTERNATIONAL) 1. The B.Corp. Law International is a four-year version of the existing B.Corp Law programme involving a one-year period of study at an approved university or third level institution outside the state. 2. The International stream is optional. Interested students must apply to the Law School in their second year, by a date to be specified. The students selected would spend third year abroad and on the successful completion of this year would take final B.Corp. Law in their fourth year. 3. Numbers accepted on the programme will be limited. The Law School will determine both the selection of students and the particular university at which the student will spend the year abroad. Such decisions are based on the number of places available at host institutions as well as the student s academic record. 4. The number and level of subjects to be taken at the host University must be determined in consultation with the Head of the School of Law, NUI, Galway. Performance in examinations taken abroad will be integrated into the student s record in pass / fail terms in the overall result. Accordingly, in order for students to be admitted to Fourth Year, they must have achieved an overall result of Pass in Third Year (year abroad). 5. Where the requirements of the Year abroad are not successfully completed arrangements to proceed on a provisional basis may be applied and the deficiencies must be made up by the students in question presenting for such additional examinations and/or other exercises as determined by the Law School. Further the Law School may require the student for whom it is not 21
22 feasible to make up the deficiency in credits to exit the International stream and transfer to the regular stream. 6. (a) Honours in Second Year (International) will be calculated according to the following table: H1 70% on the aggregate H2.1 60% on the aggregate H2.2 50% on the aggregate (b) Honours in Final Year (International) will be calculated on the basis of 30% of the aggregate mark obtained in Second Year and 70% of the aggregate mark obtained in Final Year according to the following table: H1 70% on the aggregate H2.1 60% on the aggregate H2.2 50% on the aggregate H3 40% on the aggregate SYLLABI OF COURSES Course descriptions for Commerce courses are contained in the B.Comm. section of the The J.E. Cairnes School of Business and Economics Calendar.. Course descriptions for Law courses are contained in the Syllabus section following the LL.B. Regulations below. 22
23 BACHELOR OF CIVIL LAW (B.C.L.) GENERAL REGULATIONS 1. This is a three-year undergraduate degree programme in Law, the objective of which is to provide a worthwhile intellectual formation, a solid grounding in law and legal principles, and the academic foundation necessary to prepare for entry to the legal professions. 2. The Matriculation requirements for this course are: Passes at the Leaving Certificate Examination in Irish, English, another language, and three other subjects; at least two higher level Grade C3s must be achieved. 3. Subsequent to Matriculation, candidates for the degree of Bachelor of Civil Law shall be required to pass University Examinations in each of the three years of the degree programme. Students must have passed the First Year Examination in order to proceed to Second Year, and must have passed the Second Year Examinations in order to proceed to Third Year. (Note that at the end of second year students may apply to join the B.C.L. International stream which extends the programme by one year.) 4. The First Year Examination must be passed within two academic years from the date of entering the Course. 5. Courses are organised for the most part, on a semester basis. Courses are examined at the end of the semester in which the course was completed. Modules carry a credit unit weighting which reflects the extent of the course concerned. The weighting scheme used is the European Credit Transfer System or E.C.T.S. REGULATIONS FOR FIRST B.C.L. 1. Courses for the First Year are as follows: Code Subject Semester ECTS LW117 Constitutional Law Year 10 LW118 Contract Year 10 LW262 Law of Tort Year 10 LW108 Irish Legal System
24 LW123 Intensive Legal Methods and Year 10 Research LW122 Legal Procedure 2 5 GR106 Legal German Year 10 or GR138 Beginners German Year 10 or LW109 Legal French Year 10 or IT105 Italian Year 10 or LW127 Family Law Year 10 Total Intensive Legal Methods and Research is examined by means of regular assignments and an essay. Irish Legal System will be examined in December. All other subjects will be examined in April/May. 3 Repeat examinations will be held at the August examination session. 4. A candidate must have successfully completed 60 ECTS in First Year to proceed to the Second Year of the Programme. The Pass standard is 40% in each subject. Compensation will only be applied in cases where its application enables the student to successfully complete the programme as a whole. However the year may be passed by compensation provided: The aggregate mark for all modules of the year is at least 40%. No mark is below 35%. Not more than 15 ECTS have marks in range 35 39%. Note: Where one or more of these conditions have not been met each module where the mark is below 40% must be repeated. Marks of 40% and above are carried forward to the next session and are not repeatable. 5. Honours are awarded only on the aggregate performance to candidates who have successfully completed 60 ECTS, in accordance with the following standard: First Class Honours, 70%; Second Class Honours Grade One, 60%; Second Class Honours Grade Two, 50% Third Class Honours, 40%. 24
25 REGULATIONS FOR SECOND AND FINAL B.C.L. 1. In order to be eligible for the award of the B.C.L. degree candidates must successfully accumulate a minimum of 60 ECTS in Second Year and 60 ECTS in Final Year. This includes credits for all courses which are deemed obligatory. 2. Students must accumulate a minimum total of 60 ECTS within two academic years of having passed the First Year Examination. The 60 units must include the obligatory courses specified for the Second Year. It is not possible to present for subjects which have been taken in previous years. 3. Students shall be required to submit one essay of 5,000 words in both the Second and Final Years on the conditions to be notified by the Law School Office. This essay is a stand alone component which must be passed in order for the examination as a whole to be passed. It is valued at five ECTS. 4. Repeat Examinations will be held at the Autumn Examination Session. 5. A student will normally be examined at the end of each semester in the courses completed in that semester. Some courses may extend over two semesters and may be examined at the end of the second semester only. Note that some subjects may be examined entirely by continuous assessement the details of which will be communicated by the lecturer. 6. (a) Honours in Second Year will be calculated according to the following table: H1 70% on the aggregate H2.1 60% on the aggregate H2.2 50% on the aggregate (b) Honours in Final Year will be calculated on the basis of 30% of the aggregate mark obtained in Second Year and 70% of the aggregate mark obtained in Final Year according to the following table: H1 70% on the aggregate H2.1 60% on the aggregate H2.2 50% on the aggregate H3 40% on the aggregate 7. Honours in Final Year are calculated on the best marks in subjects to a total of 60 ECTS. 25
26 8. Compensation: Compensation will only be applied in cases where its application enables the student to pass the Examination as a whole. The Pass standard for a Module is 40%. However a studenbt with marks of less than 40% in on or more modules will be deemed to have passed the Stage provided: The aggregate mark for all modules of the year is at least 40%. The mark in every module is 35% or more. Not more than 15 ECTS have marks in range 35 39%. Note: Where one or more of these conditions have not been met each module where the mark is below 40% must be repeated. Marks of 40% and above are carried forward to the next session and are not repeatable. 9. To proceed from Second Year to Final Year a candidate must have obtained the 60 ECTS specified for Second Year. Second B.C.L. (Obligatory) Semester 1 LW337 Subject Administrative Law 1 ECTS 5 LW229 Company Law I 5 LW301 Criminal Law I 5 LW427 European Union Law I 5 LW220 Sociology of Law 5 Semester II LW422 Subject Administrative Law 11 ECTS 5 LW231 Company Law II 5 LW304 Criminal Law II 5 LW428 European Union Law II 5 LW264 Essay 5 Furthermore, students must select additional subject(s) up to 10 ECTS from the list of optional courses set out hereunder. Independent Research and Clinical Placement are not available in Second Year. Final B.C.L. (Obligatory) Semester 1 Subject ECTS LW263 Equity I 5 LW225 Land Law I 5 26
27 Semester II Subject ECTS LW265 Equity II 5 LW226 Land Law II 5 LW497 Essay 5 Furthermore, students must select additional subjects up to 35 ECTS from the list of optional courses set out hereunder. Optional Courses to be chosen from the following List: (a) Year-Long courses Code Subject ECTS LW308 Jurisprudence 10 LW323 Public International Law 10 (b) Semester courses Code Subject ECTS LW371 Alternative Dispute Resolution 5 LW374 Banking Law 5 LW420 Clinical Placement 5 LW333 Comparative Competition Law 5 LW370 Comparative Disability Law 5 LW394 Criminal Justice 5 LW365 Criminology 5 LW426 EU Competition Law 5 LW398 English Land Law 5 LW393 Entertainment Law 5 LW357 Environmental Law I 5 LW358 Environmental Law II 5 LW385 European Human Rights 5 LW513 Evidence I 5 LW514 Evidence II 5 LW238 Family Law I (Year 2 only) 5 LW239 Family Law II (Year 2 only) 5 LW405 Health Law and Policy 5 LW232 Housing Law and Policy 5 LW339 Independent Research 5 LW356 Industrial and Intellectual Property Law 5 LW383 Information Technology Law 5 LW372 Insurance Law 5 LW382 International Business Law 5 27
28 LW343 International Protection of Human Rights 5 LW364 International Trade Law 5 LW212 Labour Law I 5 LW216 Labour Law II 5 LW415 Law of the Sea 5 LW354 Media Law 5 LW437 Moot Court 5 GR208 Legal German (Second Year) 10 LW213 Legal French (Second Year) 10 IT251 Italian (Second Year) 10 GR317 Legal German (Final Year) 10 LW380 Legal French (Final Year) 10 IT334 Italian (Final Year) 10 Note: LW238 Family Law I & LW239 Family Law II are available in Second Year only, not in Third Year, as options for those students who have not taken Family Law in First Year; These modules will be available to BCL International in Fourth Year, if not taken previously. Courses are offered subject to sufficient demand and availability of staff; each course is not available every year. Note: Course descriptions are set out in the Syllabus Section following the LL.B. Regulations. BACHELOR OF CIVIL LAW (INTERNATIONAL) 1. The B.Civil. Law International is a four-year version of the existing B.Civil Law programme involving a one-year period of study at an approved university or third level institution outside the state. 2. The International stream is optional. Interested students must apply to the Law School in their second year, by a date to be specified. The students selected would spend third year abroad and on the successful completion of this year would take final B.Civil. Law in their fourth year. 3. Numbers accepted on the programme will be limited. The Law School will determine both the selection of students and the particular university at which the student will spend the year abroad. Such decisions are based on the number of places available at host institutions as well as the student s academic record. 28
29 4. The number and level of subjects to be taken at the host University must be determined in consultation with the Dean of the School of Law, NUI Galway. Performance in examinations taken abroad will be integrated into the student s record in pass / fail terms. Accordingly, in order for students to be admitted to Fourth Year, they must have achieved an overall result of Pass in Third Year (year abroad). 5. Where the requirements of the Year abroad are not successfully completed arrangements to proceed on a provisional basis may be applied and the deficiencies must be made up by the students in question presenting for such additional examinations and/or other exercises as determined by the Law School. Further the Law School may require the student for whom it is not feasible to make up the deficiency in credits to exit the International stream and transfer to the regular stream. 6. (a) Honours in Second Year (International) will be calculated according to the following table: H1 70% on the aggregate H2.1 60% on the aggregate H2.2 50% on the aggregate (b) Honours in Final Year (International) will be calculated on the basis of 30% of the aggregate mark obtained in Second Year and 70% of the aggregate mark obtained in Final Year according to the following table: H1 70% on the aggregate H2.1 60% on the aggregate H2.2 50% on the aggregate H3 40% on the aggregate 29
30 BACHELOR OF LAWS (LL.B) Entry Requirements The prerequisite for admission to the LL.B. programme is an approved university degree. In certain circumstances an approved professional qualification may be accepted in lieu of a degree. Consideration for admission to the LL.B. may also be given to a limited number of suitable non-graduate applicants of mature years with related or relevant experience, who would benefit by the study of Law. There is a limit on the number admitted to the First Year of the LL.B. course; the quota relates to the overall first year intake and not to the chosen mode. Preference in selection will be given to graduates of some years standing. Duration and Structure The LL.B course may be taken over three or four years. Applicants for admission to the first year of the programme must indicate if they intend to complete it over three or four years. All students may apply for entry to either mode, though it should be noted that the only significant difference between the two modes is the number of subjects taken in each year. While all students will eventually take the same number of subjects, the pace at which they take them will vary in accordance with the chosen mode. Otherwise, academic standards, course requirements, contact hours and so forth will remain the same. Courses are organised on a semester basis. The academic year is divided into two periods, called semesters, which are of approximately equal length (12 weeks each). Courses are organised into modules and carry a credit unit weighting, or value (European Credit Transfer System - ECTS), which reflects the extent and difficulty of the course concerned. Course Layout Year 1 ECTS Year 2 ECTS Year 3 ECTS Year 4 ECTS Three-Year Mode: Four-Year Mode: EXEMPTIONS FROM PART OF LL.B. (a) B.A. Legal Studies graduates are eligible for exemption from First and Second LL.B. (b) Bachelor of Corporate Law graduates are eligible for exemption from First and Second Year LL.B. 30
31 (c) B.Comm graduates who have successfully completed courses and examinations to a total of 35 ECTS from the courses listed below, may be considered by School for exemption from the First LL.B. and for admission directly to Second LL.B. An honours grade of H2.2 overall or H2.2 on the aggregate of the Law subjects taken is a requirement. Note: Each of these courses is valued at 5 ECTS. LW374 LW190 LW290 LW377 LW378 LW333 LW356 LW372 LW382 LW364 LW426 LW427 LW428 LW423 AY308 Banking Law Business Law I Business Law II Company Law I Company Law II Comparative Competition Law Industrial & Intellectual Property Law Insurance Law International Business Law International Trade Law EU Competition Law European Union Law I European Union Law II Advanced Business Law Taxation I Normally, up to a maximum of ten such places may be offered in any one year. (d) B.A. Public and Social Policy graduates who have obtained a H2.2 overall, or who have H2.2 on the aggregate of their Law subjects, will be eligible to transfer into year two of the 3-year LL.B programme. REGULATIONS FOR FIRST LL.B. 1. Year long modules have a credit weighting of 10 ECTS and semester long modules have a credit weighting of 5 ECTS. 2. The subjects for First LL.B. are as follows: LW327 Constitutional Law (10 ECTS) LW328 Contract Law (10 ECTS) LW123 Intensive Legal Methods and Research (10 ECTS) LW3101/LW3102 Criminal Law I & II (5 ECTS each) LW130 Irish Legal System (Semester Course 5 ECTS) LW437 Moot Court (Semester Course 5 ECTS) LW329 Tort (10 ECTS) 31
32 Three-Year Mode: All subjects to be taken Four-Year Mode: Exclude LW329 Tort and LW437 Moot Court which will be taken in Year A student will normally be examined at the end of each semester in the courses completed in that semester. Some courses may extend over two semesters and may be examined at the end of the second semester only. Note that some subjects may be examined entirely by continuous assessement the details of which will be communicated by the lecturer. 4. In order to progress from one year of the LL.B. to the next year, full-time students must take and pass 60 ECTS (including essays, where applicable) per year. In order to progress from one year of the LL.B. to the next year, part-time students must take and pass 45 ECTS (including essays, where applicable) per year. However, a candidate enrolled for First LL.B full-time mode whose status remains as "fail" at the Autumn examination session, may on application to the Law School, transfer to the Second Year of the part-time mode provided the candidate is deficient in subjects to a total of not more than 10 ECTS. 5. Standards: Honours are awarded in individual subjects in accordance with the following standards: H1 First Class Honours 70% H2.1 Second Class Honours Grade One 60% H2.2 Second Class Honours Grade Two 50% H3 Third Class Honours 40% 6. Honours: Honours are awarded across the entirety of the programme as follows: (a) Full-Time Mode: Honours are calculated equally across the three years of the programme (33.3/33.3/33.3). If students take more than 60 ECTS in Second or Third LL.B (up to a maximum of 10 ECTS per year) the lowest score for the year in question will be discarded in the calculation of the overall percentage for that year. (b) Part-Time Mode: Honours are calculated equally across the four years of the programme (25/25/25/25). If students take more than 45 ECTS in Second, Third or Fourth LL.B (up to a maximum of 10 ECTS per year) the lowest score for the year in question will be discarded in the calculation of the overall percentage for that year. 7. A two-year time limit shall operate in which the examinations of any LL.B Year must be passed. 32
33 8. Repeat Examinations will be held in the Autumn Examination Session for students who fail at the First Semester or Summer Examinations, provided they were not absent from examinations without School permission. 9. Exemptions: In the case of candidates who fail in the examination as a whole, credit units for individual components will be awarded where the pass mark is achieved. 10. Compensation: Regulations governing compensation are currently under review and will be clarified in due course during the first semester of the current academic year. REGULATIONS OTHER THAN FIRST YEAR LL.B. 1. Courses are organised on a semester basis. The academic year is divided into two periods, called semesters, which are of approximately equal length (12 weeks each). Courses are organised into modules and carry a credit unit weighting, or value (European Credit Transfer System - ECTS), which reflects the extent and difficulty of the course concerned. Year long modules have a credit weighting of 10 ECTS and semester long modules have a credit weighting of 5 ECTS. 2. In order to progress from one year of the LL.B to the succeeding year a student must have fully passed the examinations of the year in question, including essays. However, a candidate enrolled for First LL.B full-time mode whose status remains as "fail" at the Autumn examination session, may on application to the Law School transfer to the Second Year of the part-time mode provided the candidate is deficient in subjects to a total of not more than 10 ECTS. 3. A two-year time limit shall operate in which the examinations of any LL.B Year must be passed. 4. To be eligible for the award of the LL.B. (full-time mode) students must take and pass 60 ECTS (including essays) per year. To be eligible for the award of the LL.B. (part-time mode) students must take and pass 45 ECTS (including essays) per year. 5. Prior to subject selection students must inform themselves of the current requirements for entry to the Law professions in terms of obligatory (core) subjects, bearing in mind that these requirements may change from year to year. 33
34 6. In exceptional circumstands Students may request to take an additional subject(s) of not more than 10 ECTS per year in order to satisfy the requirements of the professional bodies. Students are required to adhere to registration and change of mind dates on approval of their request. 7. Students shall be required to submit one essay per year on the conditions notified by the School Office except that the four year mode shall not require an essay in Second Year. This essay is a stand alone component which must be passed in order for the examination as a whole to be passed. It is valued at 5 ECTS. 8. Students who participate in approved Exchange Schemes, whether for a semester or a year, are exempted from the essay requirement for the Academic Session in question but must make up the 5 ECTS by taking a module in substitution. 9. A student will normally be examined at the end of each semester in the courses completed in that semester. Some courses may extend over two semesters and may be examined at the end of the second semester only. Note that some subjects may be examined entirely by continuous assessement the details of which will be communicated by the lecturer. 10. Standards: Honours are awarded in accordance with the following standards: First Class Honours (H1) 70% on the aggregate Second Class Honours Grade 1 (H2.1) 60% on the aggregate Second Class Honours Grade 2 (H2.2) 50% on the aggregate Third Class Honours (H3) 40% on the aggregate 11. Honours: Honours are awarded across the entirety of the programme as follows: FIRST YEAR ( ) (a) Full-Time Mode: Honours are calculated equally across the three years (33.3/33.3/33.3). If students take more than 60 ECTS in Second or Third LL.B the lowest score for the year in question will be discarded in the calculation of the overall percentage for that year. (b) Part-Time Mode: Honours are calculated equally across the four years (25/25/25/25). If students take more than 45 ECTS in Second, Third or Fourth LL.B the lowest score for the year in question will be discarded in the calculation of the overall percentage for that year. 34
35 SECOND YEAR ( ) (a) Full-Time Mode: Honours are calculated on the basis of Second and Third Years combined on a 50/50 basis. If students take more than 60 ECTS in Second LL.B. or take more than 60 ECTS in Third LL.B the lowest score for the year in question will be discarded in the calculation of the overall percentage for that year. (b) Part-Time Mode: Honours are calculated on the basis of Second, Third and Fourth Years combined on a 33.3/33.3/33.3 basis. If students take more than 45 ECTS in Second, 45 ECTS in Third or 45 ECTS in Fourth LL.B. the lowest score for the year in question will be discarded in the calculation of the overall percentage for that year. FINAL YEAR ( ) (a) Full-Time Mode: Honours are calculated on the basis of Third Year alone or on the basis of Second and Third Years combined on a 50/50 basis, whichever is to the student s advantage. If students have taken more than 54 ECTS in Second LL.B. or take more than 60 ECTS in Third LL.B the lowest score for the year in question will be discarded in the calculation of the overall percentage for that year. (b) Part-Time Mode: Honours are calculated on the basis of Fourth Year alone or, on the basis of Third and Fourth Years combined on a 50/50 basis, whichever is to the student s advantage. If students have taken more than 42 ECTS in Third LL.B. or take more than 45 ECTS in Fourth LL.B the lowest score for the year in question will be discarded in the calculation of the overall percentage for that year. 13. Repeat Examinations will be held in the Autumn Examination Session for students who fail at the First Semester or Summer Examinations, provided they were not absent from examinations without School permission. 14. Exemptions: In the case of students who fail in the examination as a whole, credit units for individual components will be awarded where the pass mark is achieved. The pass mark is 40% in each subject 15. Students who are exempted from First Year and Second Year (full-time mode) must accumulate a minimum of 60 ECTS (including essay). In the event that modules in excess of the graduation equirement are presented for examination, the best scores to a total of 60 ECTS will be counted for honours purposes. 16. Students cannot fulfil their academic requirements by taking courses for which they have already been given credit by the Law School. Students who have taken and passed Law courses in some other institution may read the same courses in the LL.B only provided they have not received exemptions in respect of these subjects from the Law School. 35
36 17. Compensation: Regulations governing compensation are currently under review and will be clarified in due course during the first semester of the current academic year. Subject Schedule (a) Year-Long courses Code Subject ECTS LW327 Constitutional Law 10 LW328 Contract Law 10 LW308 Jurisprudence 10 LW323 LW329 Public International Law Torts (b) Semester courses Code Subject ECTS LW4103 Administrative Law I 5 LW4104 Administrative Law II 5 LW371 Alternative Dispute Resolution 5 LW374 Banking Law 5 LW377 Company Law I 5 LW378 Company Law II 5 LW333 Comparative Competition Law 5 LW370 Comparative Disability Law 5 LW326 Comparative Law 5 LW3101 Criminal Law I 5 LW3102 Criminal Law II 5 LW394 Criminal Justice 5 LW365 Criminology 5 LW426 EU Competition Law 5 LW398 English Land Law 5 LW393 Entertainment Law 5 LW357 Environmental Law I 5 LW358 Environmental Law II 5 LW513 Evidence I 5 LW514 Evidence II 5 LW360 Equity I 5 LW363 Equity II 5 LW385 European Human Rights 5 LW4101 European Union Law I 5 LW4102 European Union Law II 5 LW238 Family Law I 5 LW239 Family Law II 5 LW405 Health Law and Policy 5 LW232 Housing Law and Policy 5 36
37 LW339 Independent Research 5 LW356 Industrial and Intellectual Property Law 5 LW383 Information Technology Law 5 LW372 Insurance Law 5 LW382 International Business Law 5 LW343 International Protection of Human Rights 5 LW364 International Trade Law 5 LW212 Labour Law I 5 LW216 Labour Law II 5 LW225 Land Law I 5 LW226 Land Law II 5 LW415 Law of the Sea 5 LW354 Media Law 5 LW437 Moot Court 5 Courses are offered subject to sufficient demand and availability of staff; each course is not available every year. SYLLABI OF COURSES (Bachelor Degrees) Administrative Law I: This course will examine the following fundamental issues in public law. (1) The courts, judicial decision-making, judicial independence and accountability. (2) The ingredients of fair decision-making, including the rule against bias and the other elements of constitutional justice. (3) Legitimate expectations. (4) The supervisory jurisdiction of the High Court by way of judicial review, including the scope of public law remedies and their discretionary nature. (5) A case study in one of the above areas. Administrative II: This course will deal with more advanced public law issues including the following. (1) Procedures for applying for judicial review. (2) Tribunals of Inquiry and similar bodies, including an examination of their role and their relationship with the courts. (3) Constitutionalism: models of constitution-making. (4) The key elements of the British Constitution including parliamentary sovereignty, the rule of law, devolution, the prerogative and conventions. (5) The liability of public bodies in contract and tort. Alternative Dispute Resolution: The aim of this course is to examine alternatives to court based litigation in the resolution of disputes. After a review of civil practice and procedure in the Irish courts, the course concentrates on the philosophy and methodologies of alternative dispute resolution (ADR). This includes a detailed analysis of domestic arbitration law. The course also deals 37
38 with other forms of binding ADR, eg international commercial arbitration, mediation - arbitration (med-arb), and adjudication; as well as non-binding forms such as mediation\conciliation. An important element of the course is that dealing with the principals of negotiation and students participate in a number of role playing exercises based in the Harvard Negotiation Project. The course is taught over one semester. Banking Law: The legal position and regulation of banks and the bankercustomer relationship are explored in this course. The legal duties and liabilities of banks to customers and third parties are examined in relation to banking transactions, the provision of advice, and confidentiality requirements. The legal regulation of both electronic and paper-based banking will be considered. Clinical Placement: [Third Year Bachelor of Civil Law: This optional onesemester module requires that students utilise their legal training in suitable work placements for ten weeks. Students should generally expect to work for 8-10 hours each week (i.e., the equivalent of two ½ days or one full day). It is preferable that students be engaged to the extent possible in substantive work (i.e., legal research, working with case files, observing court proceedings, etc.) as opposed to more mundane tasks. The module will open with an introductory seminar, in which students will be informed generically as to the nature and scope of their responsibilities, and close with an interactive seminar, in which students will share their individual experiences. Assessments will be predicated on a final reflection paper. Also, satisfactory written evaluations from supervisors are a prerequisite to successfully completing the module. Placements will be allocated on the basis of academic merit. B.C.L. students pursuing a three or four year degree must have at least a 2:1 average in their degree results to date. In the event that the number of students desiring to take the module exceeds the number of available placements, a selection process incorporating a number of relevant factors, such as overall academic profile and interest level as demonstrated in the application, will determine entry. Commercial Law: This course examines the law of agency and the law of sale of goods, two important integrated subjects forming the foundations of commercial law. The course begins with an introduction to the nature and sources of commercial law. Following this, the course will examine the law of agency, including the conceptual basis and nature of agency, the authority of the agent, the rights and duties of the agent and the termination of the agency. This part of the course will also examine the EU (Commercial Agents) Directive which provides for specific legal rules applying to self-employed agents involved in the sale or purchase of goods. The course then deals with contracts for the sale of goods under the Sale of Goods and Supply of Services Acts , including the scope of the legislation, the passing of property in the goods, retention of title clauses, and the implied terms in the Acts relating to title, 38
39 description and quality and fitness for purpose of the goods. The remedies of buyer and seller will also be considered as will the law on exclusion clauses in sales contracts. Company Law I: The Legal classification of organisations. Structures for the conduct of business, especially the single trader, partnership, company and the co-operative society. The formation of a company by registration under the Companies Acts. The concepts of corporate personality, limited liability, and ultra vires. The law relating to the Memorandum and Articles of Association. The definition, function and legal duties of company promoters and directors. Majority rule and minority rights. Company Law II: The nature, issue, allotment and maintenance of capital. Mortgages, charges and receivership. Company membership, shares and debentures, share certificates and share transfers. The law relating to company management, administration, mergers, take-overs, and monopolies, companies, capitalism, and industrial democracy. The EU company law harmonisation programme. The legal process and problems of company liquidation and dissolution. Comparative Competition Law: The aim of the course is to familiarise students with the manner and extent to which the law operates to regulate the market behaviour of businesses, and to enquire into the validity and practical implications of such control. Systems to be studied in detail are those of the EU and Ireland with frequent comparative reference made to UK and US law. Specific topics include the concept of and perceived need for competition, historical development of competition law, the various types of market structure and behaviour subject to control; the law relating to (i) restrictive trade practices, (ii) concentrations of economic power; procedural and enforcement issues. Comparative Disability Law: This course will deal with the law and policy affecting individuals with disabilities. It will take as its starting point an examination of the general concept of equality and its application in the field of disability. Specialist topics shall include consideration of the relevant portions of transportation law, education law, housing law, employment law and planning law. The scope of the course shall be comparative in nature and shall cover in particular the relevant UN, US, Canadian, Australian, Irish and European laws. Fifty per cent of the credit for this course will go towards a paper. Constitutional Law: While devoted mainly to a detailed study of the Irish Constitution of 1937, this course will also include an introduction to constitutional theory, a survey of Irish constitutional development and an analysis of important constitutional decisions from other jurisdictions, notably the United States, for comparative purposes. 39
40 Contract Law: Historical Introduction; Formation of Contract; Unenforceable Contracts; Contracts that contain a vitiating element; Capacity of Parties; Privity of Contract; Discharge of Contract; Remedies for Breach of Contract: Quasicontract. Criminal Justice: This course, which may be taken in conjunction with or independently of Criminology, will examine certain key contemporary issues in Criminal Justice, notably crime prevention, policing, prosectution policy, preventative detention, gender and crime, trial procedures, imprisonment, and related issues. These topics will be examined from both the legal and sociological perspectives. Criminal Law I: This module focuses on the General Part of the criminal law. It introduces students to the philosophical basis of the criminal law, and the general principles underpinning the attribution of criminal liability. In particular, we will consider the physical and mental aspects of a crime, and the general defences. Criminal Law II: This module builds on Criminal Law I and focuses on specific major offences known to the criminal law. In particular, we will consider homicide, non-fatal offences, sexual offences, property offences and the inchoate offences. Criminology: This course will deal with certain fundamental questions connected with criminal justice policy: the measurement of crime and the interpretation of criminal statistics; explanations of criminal behaviour; certain typologies of crime notably white-collar crime and sexual offending; policing; penology and sentencing practice. EU Competition Law: This course is designed to provide students with a comprehensive and up-to-date knowledge of EU Competition Law. It will first largely focus on the substantive law under Articles 101 and 102 TFEU (anticompetitive agreements and abuse of a dominant position). The practical aspects of competition law will also be emphasised and Regulation 1/2003, which radically altered the implementation of Articles 101 and 102 TFEU, will be exhaustively studied. Article 107 TFEU, which deals with state aid given to public and private undertakings, and the Merger Regulation, which governs how mergers in the EU are regulated and policed, will also be explored. English Land Law: The aim of this course is to familiarise students with the principles and concepts governing Land Law in England and Wales. A solid grounding in Irish Land Law is required. Topics for study will include: An outline of the 1925 legislation and the doctrine of estates; land charges and the Land Charges Act, 1912; settlements and the Settled Land Acts, 1925; trusts for 40
41 sale; co-ownership; the rule against perpetuities; leases and tenancies; mortgages; registration of incumbrance and title; licences; adverse possession; restrictive covenants; easements and profits a prendre; succession law; family provision claims. Entertainment Law: This course can be taken on its own or in conjunction with Media Law. Its primary focus is on the audio-visual media: broadcasting, film, video, drama, music. The concept of artistic expression and its protection in international and domestic law will be explored. Among the topics to be covered are copyright; recording and publishing contracts; performing rights; film and video classsification; advertising and sponsorship; content restrictions such as those relating to blasphemy, sex and violence, pornography and racism. Environmental Law I: This course treats the legal regime regulating planning and development in Irish Law. The Irish planning code and issues of statutory interpretation and public law arising therefrom are examined. The course looks at: the institutions of planning control; the application for planning permission; participation by objectors; the appeal process and judicial review of planning decisions; and compensation for refusal of development. Environmental Law II: This course will examine the legal aspects of a number of different sources of pollution including water pollution (inland and coastal), air pollution, waste, noise etc. The Common Law nuisance principles and the Rule in Ryland v Fletcher will be examined, as well as recent case law in this area. Recent domestic legislation (in particular the Water Pollution Act and the Air Pollution Act) as well as EU developments will be considered, particularly from the point of view of monitoring and penalties for breach. The role of environment impact assessments will also be considered. Equity I: This course deals with the historical development of Equity and equitable remedies and doctrines. Topics covered include: the origins and development of Equity; the relationship between Equity and Common Law; the maxims of equity; equitable interests and equities; conflicts of legal and equitable rights; priorities and the doctrine of notice. The course will also examine the equitable remedies, including the following: perpetual, interlocutory, interim, mandatory and quia timet injunctions; the Mareva injunction and Anton Piller order; specific performance; rescission, rectification and declaration; tracing; promissory and proprietary estoppel. Finally, the course will examine the concepts of donatio mortis causa and constructive fraud, inlcuding fraud, undue influence, unconscionable transactions and abuse of confidence. Equity II: This course deals with the law relating to the institution of the trust. Topics covered include: the nature and development of the trust; 41
42 classification of trusts. Substantive and formal requirements for valid trusts. Secret and half-secret trusts; incompletely constituted trusts. Presumed and automatic resulting trusts; the presumption of advancement; trusts of the family home. Constructive trusts; benefits obtained by trustees and other fiduciaries; institutional and remedial constructive trusts. Purpose trusts: charitable and noncharitable purpose trusts; the requirements of public benefit and of charitable intention; the beneficiary principle; rules against remoteness; the doctrine of cyprès. The office, powers and duties of trustees. European Union Law I: The course is an introduction to the role of the institutions of the European Union in promoting European integration. Consideration is given in particular to the functions of the Commission, the European Parliament, the Council and the Court of Justice. Comparative reference is made to the institutional development of other European organisations, such as the Council of Europe. European Union Law II: The course deals with the substantive law of the European Union. Particular emphasis is given to the basic freedoms of Union law: the free movement of goods; the free movement of persons; the freedom of establishment; the freedom to provide services; the free movement of capital; and the free movement of payments. Consideration is also given to Union policies such as competition policy, the common agricultural policy, regional policy, industrial policy and social policy. European Union Law: The first part of the course is an introduction to the role of the institutions of the European Union in promoting European integration. Consideration is given in particular to the functions of the Commission, the European Parliament, the Council and the Court of Justice. Comparative reference is made to the institutional development of other European organisations, such as the Council of Europe. The second part of the course deals with the substantive law of the European Union. Particular emphasis is given to the basic freedoms of Union law: the free movement of goods; the free movement of persons; the freedom of establishment; the freedom to provide services; the free movement of capital; and the free movement of payments. Consideration is also given to Union policies such as competition policy, the common agricultural policy, regional policy, industrial policy and social policy. Comparative reference is made to the policies of other European organisations, such as the Organisation for Economic Cooperation and Development. European Human Rights: This course, which is taught over one semester, is primarily concerned with the growing body of jurisprudence emerging from the European Commission and Court of Human Rights and, to a lesser extent, the European Court of Justice, under the European Convention on Human Rights. The historical development of human rights law in Europe will be examined and 42
43 consideration will be given to the status of the Convention in the domestic law of member states of the Council of Europe. Particular attention will be paid to its legal status and impact in Ireland and Northern Ireland. The case law of the Court of Human Rights will be examined in a thematic way and the various interpretative approaches adopted by the Court will be appraised critically. The European Social Charter and the increasingly significant Organisation for Security and Co-operation in Europe will also be considered. (See also International Protection of Human Rights below.) Evidence I: Relevance and admissibility; Similar facts; Character evidence; Evidence of Opinion; Hearsay evidence; Privilege; Estoppel; Evidence improperly obtained; Judicial notice; Presumptions; Witnesses; Corroboration; The Criminal Justice (Evidenc) Act 1924; The burden of proof. Evidence II Privilege; Estoppel; Evidence improperly obtained; Judicial notice; Presumptions; Witnesses; Corroboration; The Criminal Justice (Evidenc) Act 1924; The burden of proof. Family Law: The course will be divided into two main parts: (a) marriage and the law of matrimonial causes; (b) the law relating to children. Topics to be covered under (a) include marriage, nullity, judicial separation, divorce, family property, maintenance; under (b) custody, guardianship, adoption, taking children into public care, international abduction of children. Issues such as domestic violence, the rights of cohabitees, and related social issues, such as social welfare and family support systems, will also be considered. Family Law I: The objective of this course is to examine the role of law in regulating the family in Ireland. This module will focus on the constitutional family, on marriage and civil partnership together with marital breakdown and financial provision for spouses and children following a breakdown. Issues surrounding alternative methods of resolving family law disputes will also be addressed and protection of families in the context of domestic violence. Family Law II: The purpose of this course is to introduce students to the law in relation to children. This area of law embraces human rights law, constitutional law and various other laws relating to children. State policy relating to children is a very important element of this course. Therefore, the rights of children and family issues concerning children, with a particular focus on the voice of the child in all proceedings affecting them will be addressed. Health and Safety Law (Final Year Bachelor of Corporate Law): This module places Health and Safety Law in a national and international legal context providing students with an appreciation of the broad legal and policy objectives in this area. This course aims to show how on-going changes in this field affect the obligations imposed on employers both in terms of their 43
44 employees and their obligations to third parties. Illustrations of health and safety negligence range from tragic cases of death and injury in industrial or manufacturing environments to income-threatening illnesses like RSI or stress in office situations; students will address regulatory problems relating to such issues as the control of major hazards and emerging occupational health issues. Health Law and Policy: This course will explore a range of important health and medical issues, such as consent to treatment, confidentiality, civil and criminal liability of health care personnel, treating the terminally-ill patient, reproductive medicine, and mental health law. The chosen topics will be examined from both a legal and public policy perspective, and in light of emerging international norms. Housing Law & Policy: This new course will explore traditional housing law areas such as mortgages, property law, landlord and tenant law, succession, family law, conveyancing, planning and standards. It will also explore new perspectives in this distinct and expanding area of Irish housing law and policy including EU law, international and European human rights law and developments in consumer rights. Of particular concern will be the relationship between law reform options and the social and other policies of the EU. The course will take into account evolving European capital markets as well as the move towards Social Inclusion and rights-based approaches emanating from the United Nations and Council of Europe. Independent Research: The aim of the independent research module is to encourage students to pursue in detail some legal idea of interest to them. Students interested in taking this option must apply in writing or by to the Law School for permission to do an independent research project, the application to contain a draft research proposal. The student must have discussed the proposed research with a member of teaching staff who is agreeable to act as supervisor. Permission will be given at the discretion of the Law School. In the case where the School grants permission, the student shall pursue the research in consultation with the supervisor. This module will be equivalent to a semester course in terms of ECTS value. This is a first semester module with a January submission date to be specified by Law School office in consultation with the supervisor. Industrial and Intellectual Property Law: This course will examine the legal protection granted by statute and the common law to industrial and intellectual property. It will examine patent law, copyright and trade mark law, beginning first with an examination of the economic justification for such rights and then proceeding to examine the different sections in detail. Consideration will also be given to breach of confidence and EU competition law as it bears upon intellectual property rights. 44
45 Information Technology Law: This course examines the use of computers and other aspects of information technology in legal research and practice and in the administration of justice generally. The legal problems created by the use of such technology are also examined, such as, data protection, computer crime, legal problems of Electronic Data Interchange, legal protection of interests in software, integrated circuits and other related topics. Insurance Law: This course examines the general principles of insurance law, the regulation of insurance business and the insurance contract. Aspects which are examined in detail include the important issues of non-disclosure, misrepresentation, and breach of conditions and warranty. The course will also examine important aspects of selected types of insurance as prescribed from time to time. Intensive Legal Methods & Research: In this year-long module, students will be taught: 1) how to read case law and statutes; 2) how to find primary and secondary legal sources, using both traditional and computer-assisted research methodologies; and 3) how to write clear, concise and sophisticated prose. In the first strand, the focus will be on ensuring that students can understand, contextualise and explain appellate court judgments and legislative enactments. The second strand will cursorily cover traditional legal research methodology and then, through interactive, multimedia instruction, introduce the students to various computerised legal research databases. The third strand will commence with an introductory writing exercise and a review of the fundamentals of English grammar and usage and then advance to the submission of progressively more involved written assignments. Running through the three distinct, yet inextricably intertwined, strands of the module is an overarching objective: to expand the students capacities for critical thought. The module is continuously assessed. International Business Law: The aim of this course is to introduce students to the law and practice relating to private international business agreements, and will normally include topics such as: Methods of harmonisation; raising of capital; payment mechanisms; carriage of goods by sea; conflict of laws issues; dispute resolution. The course may also deal with selected relevant topics to be prescribed from time to time by the professor responsible. International Protection of Human Rights: This semester course deals with the efforts of the international community of States to promote and to protect human rights. The strategies that the international community pursues are examined in detail in the context of a number of areas which vary somewhat each academic year, but usually include the following: civil and political rights; economic, social and cultural rights; children s rights; women s rights; the right 45
46 to self-determination; and the rights of refugees. The roles of the United Nations and of number of other global organisations are discussed. In the latter part of the course, consideration is given to the taking of sanctions for human rights violations and to the influence of human rights concerns on the making of foreign policy. (See also European Human Rights above.) International Trade Law: This course examines the legal framework of the international trade system. The ways in which a State may encourage or frustrate trade are considered such as most favoured nation clauses, national treatment clauses, escape clauses, dumping and export subsidies. Particular attention is devoted to the roles of the General Agreement on the Tariffs and Trade (GATT), the International Monetary Fund, and, in the context of North-South trade relations, the United Nations Conference on Trade and Development (UNCTAD). Irish Legal Systems: This course comprises a general introduction to legal study, to the sources and institutions of Irish Law and to legal method. The course covers the historical background to Irish Law and the growth of the legal system including the constitutional and legal steps leading to the creation of the Republic of Ireland and Northern Ireland. The legislative, administrative and judicial system of the Republic of Ireland is examined in detail. The course will include exercises in analysing statutes and case law. Italian: In first year the Italian module will focus on: (a) the study of the contemporary language in both the written and spoken forms and aural comprehension, with special emphasis being placed on the register and communication skills appropriate to legal studies. (b) an overview of Italian contemporary society and institutions. Learning outcomes: The first year module IT105 is a communicative course with great emphasis on spoken Italian. At the end of first year students will be able to hold a basic conversation in Italian in the present, past and future tense. We aim to achieve level A2 of fluency in Italian, as outlined by the European Framework of Reference for Languages: In second year the Italian module will focus on: (a) consolidating and expanding on aspects of language learned in year one as well extending further the knowledge of oral and written Italian through conversation, language laboratory and writing classes. (b) introducing students to the structure of the Italian legal system, and will familiarise themselves with legal terminology. Specialist material will include abstracts from the Italian Constitution. Learning outcomes: Module IT251 aims to achieve level B2 of fluency in Italian, as outlined by the European Framework of Reference for Languages. 46
47 In final year the Italian module will focus on: (a) mastering oral and written Italian, through discussions and essay writing based on material dealing with legal, political, social and cultural aspects of contemporary Italy. The course will concentrate on text analysis, translations, essay writing and study of written documents. (b) elements of Roman law and Italian public, private and criminal law. Learning outcomes: Module IT334 aims to achieve level C1 of fluency in aural and reading skills and at least B2 in writing skills, as outlined by the European Framework of Reference for Languages. Jurisprudence: This course deals with the foundational ideas and doctrines of the Western legal order which will be compared and contrasted with those of non-western and totalitarian legal regimes. It will be divided into three broad areas: (a) the history of western legality, constitutionalism, the rule of law, the tension between natural and positive law; (b) schools of legal thought including the historical, formalist, sociological, realist, critical legal studies, law and economics; (c) selected issues such as distributive justice, civil disobedience, law in totalitarian regimes. Labour Law I & Labour Law II: Labour Law examines three important types of legal relationship: that between an employee and his/her employer; that between a trade union and an employer; the relationship between an individual trade union member and the union itself. Essentially it involves looking at the law of contract, tort and crime in the context of modern employment. Particular consideration will be paid to important legislative developments in the areas of employment equality, occupational health and safety, unfair dismissals, transfers of undertakings and industrial relations law. The increasingly important role of the European Union in this area of law as well as the emergence of important principles of domestic constitutional law relevant to employment will also be examined. Land Law I: The aim of the course is to familiarise students with the principles and concepts governing ownership, use and occupation of land in the Republic of Ireland. Topics for study will include: the nature of Land Law and its historical background; tenure and the doctrine of estates, the fee simple, fee tail and life estate; settlements of land; the influence of Equity; adverse possession; licences and proprietary estoppel; rights of residence; elements of Succession Law Land Law II: The aim of this course is to familiarise students with principles and concepts governing ownership, use and occupation of land in the Republic of Ireland. Topics for study will include registration of title; registration of deeds; incorporeal hereditaments; covenants; future interests; co-ownership; family property; mortgages, including judgment mortgages. 47
48 Law of the Sea: This course examines the law of the sea from an international, European and national perspective. Topics covered include: codification of international law; the United Nations Law of the Sea Convention (1982); Irish state practice (particularly the Sea-Fisheries and Maritime Jurisdiction Act 2006 baselines; the maritime jurisdiction zones -internal waters, territorial sea, contiguous zone, 200-mile exclusive economic zone (EEZ)/fishery zone, continental self, high seas and deep seabed; straits; delimitation of maritime zones. Particular reference is made to recent development in European law regarding marine resource use and environmental protection. Additional addressed include: marine scientific research; use of the seas for military purposes; the protection of sensitive marine habitats; underwater cultural heritage; and the settlement of disputes. The treatment of the subject may entail a number of case studies examining contemporary issues such as: the transport of migrant workers by sea; the Mox Plant case; and recent developments in international law concerning whaling. Legal and Business Ethics: After a general introduction to ethics, this course examines the nature and role of the legal profession, including the employed or in-house lawyer. The ethical responsibilities of lawyers and persons in business are examined domestically and comparatively. The course will also deal with the enforcement of ethical codes and examine selected relevant topics to be prescribed from time to time by the professor responsible. Legal French: Requirement for the course: Students must have achieved a C at higher level or equivalent in the Leaving Certificate French course. This course will provide students with an overview of French civilisation, culture and politics, French economy and business and French legal culture. It will focus primarily on the introduction, development and use of French business language as a language for special purposes. The course will also perfect students spoken, listening and written French language proficiency at an advanced level as well as introducing skills in writing Legal French. Legal French II: Requirement for the course: Students must have successfully completed LW109. This course aims to further develop the students knowledge of French as a language for special purpose in the area of Legal French. The course reviews the role of European institutions, European law general principles; and general principles of French administrative and constitutional law, company and commercial law. Students will be introduced to the techniques of legal translation, general grammar, legal grammatology; and European, company/commercial law case analysis. 48
49 Legal French III: Requirement for the course: Students must have successfully completed LW213. This course aims to expand students knowledge of French legal discourse and legal writing/analytical skills. The course will involve an in depth analysis of the French legal system and the various actors involved; civil and commercial court procedures and appeals; legal classification of commercial and civil persons. In addition, the course will emphasise French legal drafting; the analysis of civil and commercial legal documents; legal argumentation in court proceedings; the analysis and commentaries of courts decisions; and the in depth analysis of legal case studies. Legal German: This course is available to students on the Corporate Law and on the Civil Law programme. It is taught at two levels - beginners and advanced. C3 in Honours German in the Leaving Certificate is required to take Advanced German. The course seeks to develop language skills; it also fosters cultural awareness through familiarisation with the social, legal, political and economic institutions of the German-speaking world, analysis of literary texts, and an introduction to twentieth-century German history. In the first year of the Advanced German course, students consolidate and develop their language skills. In addition, they are introduced to aspects of the German legal system. The acquisition of legal and commercial terminology is an important aspect of the second year course. Following completion of the second year, students have the opportunity to spend two semesters studying law and language at a German university. In the final year particular emphasis is placed on the ability to express ideas and argue convincingly in oral and written German. The Beginners German course covers the basic elements of grammar and vocabulary. Students are introduced to the contemporary society and institutions of the German-speaking world. Students of Beginners German must obtain a minimum of 70% in order to continue to Advanced German in the second year. Legal Methods and Research: The purpose of this course is to provide students with an introduction to legal research and writing. Topics to be covered will include sources of Irish, British, European and North American Law; use of indices, digests, bibliographies and similar research tools; computerised retrieval systems; legal writing and drafting. Legal Procedure: This second semester course builds on the themes and issues considered in the Irish Legal System course in the first semester. It focuses in particular on the judicial process, the adversarial approach adopted in common law jurisdictions, the respective roles of the judge and jury and the functions of court personnel and legal practitioners. It also looks at the operation of public offices such as those of the Attorney General, Director of Public Prosecutions, Chief State Solicitor and an Garda Siochana. Issues of access to 49
50 justice, the provision of legal aid and due process under the law will also be examined. Additional topics such as Comparative Legal Systems, Clinical Law and Law Reform will be addressed where appropriate. Students will be introduced to the theory and practice of legal argument and judicial reasoning. Media Law: This course examines the nature and role of the media in a modern society and the extent to which law regulates and curtails media activity. It examines the basic laws of libel and contempt, offences against the State and public morality, and considers whether those laws adequately reflect modern social values or take sufficient account of recent and on-going media developments. Moot Court: This module provides students with an opportunity to develop practical skills in legal drafting, advocacy and litigation. It includes a taught element with a concentration on the drafting of documents and written submissions. The majority of the course is devoted to guided student participation in moot court exercises which may involve domestic, European or international law. Students will be assessed on the basis of written and/or oral submissions and such other assessments. Private International Law: Private International Law (otherwise known as the Conflict of Laws) concerns the rules of law that operate when an issue containing a foreign element, such as a contract or a will made abroad, arises before an Irish court. There are three main issues which this branch of law seeks to resolve: first, whether the Irish court has jurisdiction over a case containing a foreign element; second, what law the Irish court will apply to the case - Irish law or the law of some other legal system?; third, whether the Irish court will recognize and enforce a foreign judgment. In this context, the course considers a number of legal areas such as contract, tort, family law, property and succession. Since Ireland's approach to some of these areas is increasingly determined by international agreements on the conflict of laws, including at the EU level, the course also considers the international regulation of the subject. Public International Law: This course is designed to provide students with an introduction to contemporary international law and in particular to: Provide students with an understanding of the basic concepts of international law; Introduce students to the notion of State sovereignty, and the way in which it is both strengthened and undermined by contemporary international law; Familiarize students with the international system for responding to breaches of international law; Introduce students to the main subject areas of international law; Foster a critical appreciation of the role of international law in world affairs and its relationship to power and justice; Expose students to the possibility of a career in international law. 50
51 Revenue Law: Historical and constitutional background of revenue law; taxes on income and profits, including income tax and allowances in respect of employed and self-employed persons; Corporation tax, Export Sales relief; Capital Gains Tax; Wealth Tax; Capital Acquisition Tax. Sociology of Law: This course deals with four main topics: (1) the social nature, sources and functions of law; (2) social and philosophical critiques of law; (3) the social and practical consequences of law; (4) the enforcement of law, including (a) an examination of legal institutions and personnel (the courts, the legal profession and the police), and (b) punishment for breach of the law (including sentencing theory). Spanish Language I (Beginners): This course is available to students on the Corporate Law programme. This ab initio course covers the basic elements of Spanish grammar and vocabulary. There are five contact hours per week. Activities cover written, oral and aural exercises; class materials include video and audio recordings and texts for study drawn from a wide range of sources. Overall assessment is based on coursework evaluation and examinations in the spoken and written language. Intermediate Spanish Language: This course is available to students on the Corporate Law programme. A grade C3 or higher in the Leaving Certificate Honours Spanish examination or an equivalent attainment is required. Classes offer practice and consolidation in the spoken and written skills of language. Written work and class tests are prescribed on a regular basis. Overall assessment is based on coursework evaluation and examinations in the spoken and written language. There are three contact hours per week. Spanish Language II: This course consolidates the language studies of First Year Corporate Law students. Regular exercises in written Spanish and weekly spoken language sessions develop an active command of the language with an emphasis in the business world. The course is an introduction to business matters in Spanish such as marketing, banking, Human Resources, company structure and management. Students are encouraged to become more autonomous in their language acquisition Overall assessment is based on coursework evaluation, an oral test and a written examination. Students have six contact hours per week. Spanish Language III: This course promotes the written and spoken abilities developed during the previous years while dealing with a range of topics relevant to the business world and current affairs in Spain. In addition to three classes devoted to Spanish texts and grammar, the course includes a spoken language hour each week. Class participation is essential at this level. Overall assessment 51
52 includes coursework evaluation based on regular class exercises, short essays and translations, oral work in the conversation classes and oral and written examinations. Torts: The aim of this course is to give students a firm grasp of the principles governing the law of torts and to examine in detail a number of selected torts. While the primary focus will be on the law of torts in Ireland, frequent reference will be made to other common law jurisdictions where many of the legal principles governing this area have been derived. Following a brief introduction, the fundamental principles of causation and remoteness will be examined. The remainder of the course will be dedicated to an examination of selected torts, including those of trespass, negligence, liability (vicarious, employers and occupiers), nuisance and defamation. The course will conclude with an examination of defences and remedies. Notice to students who intend to acquire a professional qualification as a solicitor or a barrister Solicitors: Students proposing to become solicitors should inform themselves of the requirements by writing to the Director-General, The Law Society of Ireland, Blackhall Place, Dublin 7. Barristers: Students proposing to become barristers should inform themselves of the requirements of the Honourable Society of King s Inns by communicating with the Under-Treasurer, Henrietta Street, Dublin 1. 52
53 DEGREE OF MASTER OF LAWS (LL.M.) 1. Award of the Degree of LL.M. The Degree of LL.M. is a postgraduate degree which can be obtained in one of the following ways: (a) By Research and Major Thesis, in which candidates who have pursued research on a topic approved by the School, present a written thesis on the subject of their research which merits the award of the degree in the opinion of the examiners. (b) By Full-time Coursework, in which the candidates attend prescribed courses in the School of Law for at least three terms, and satisfactorily complete such written work and/or pass such written examinations as are required by the School; (c) By Part-time Coursework, in which the candidates attend prescribed courses in the School of Law for at least six terms, and satisfactorily complete such written work and/or pass such written examinations as are required by the School; 2. Entry Requirements To be admitted to the LL.M., candidates must be approved by the School of Law. An interview may form part of the selection process. Applications will be considered from those candidates who satisfy one or other of the following prerequisites: (a) Candidates who hold, or expect to hold by the term of entry a degree in law, which the School requires to have been awarded with Second Class Honours, Grade I or its equivalent. (b) Candidates who hold, or expect to hold by the term of entry, an interdisciplinary degree which includes a substantial law component, and in which they have attained a Second Class Honours (Grade I) standard or its equivalent. (c) Candidates who hold a degree other than a law degree, in which they have obtained Second Class Honours Grade I standard, or equivalent, and who are qualified legal practitioners. (d) Exceptionally, non-law graduates with Second Class Honours Grade One who have such other educational and/or professional experience in Law as, in the opinion of the School of Law, qualifies them to read for the LL.M. 53
54 (e) In exceptional circumstances candidates whose grade at primary degree is below H.2.1 standard but who can demonstrate appropriate relevant academic accomplishments may be considered. Provided in all cases that only those candidates who, in the opinion of the School of Law, possess the requisite capacity for research will be permitted to read for the LL.M. by Research and Major thesis. 3. Regulations for the LL.M. by Research and Major Thesis 3.1 A candidate may proceed to the degree of LL.M. by Research and Major Thesis. 3.2 All candidates must be approved by the Academic Council on the recommendation of the School of Law. 3.3 The subject of every thesis presented for the degree of LL.M. must be approved by the School of Law. 3.4 The course for the LL.M. shall normally consist of full-time research and study for two academic years except that the School may at its discretion permit a candidate to complete the degree in one academic year. 3.5 A candidate may pursue the degree as a part-time student in accordance with the general regulations of the University and subject to such conditions as the School may impose. 3.6 In addition to presenting a thesis for examination, a candidate may be required to undergo an oral examination designed to test the general knowledge of the field of the research studies. 3.7 School may require that in addition to presenting a thesis, candidates proceeding to the LL.M. directly from the B.A. in which Legal Science has been a principal subject, take specified courses, pass examinations in such courses and attain a standard satisfactory to the School. 4. Regulations for the LL.M. by Course Work The regulations for the various taught LL.M. programmes are set out below under the specific programme headings. 54
55 DEGREE OF MASTER OF LAWS IN PUBLIC LAW (LL.M.) The Master of Laws in Public Law, comprising course work and the preparation of a dissertation, is available both on a full-time basis over one academic year and on a part-time basis over two academic years. The programme comprises two semesters of course work and the preparation of a dissertation. It is designed for graduates who wish to work in the field of Public Law with government and non-governmental organisations at national and international level, as well as in private practice, especially with respect to Public Interest Litigation. The programme focuses on the dynamics of legal and social change including contemporary law reform challenges in the public law area. 1. Entry Requirements To be admitted to the LL.M., candidates must be approved by the School of Law. An interview may form part of the selection process. Applications will be considered from those candidates who satisfy one or other of the following prerequisites: (a) Candidates who hold, or expect to hold by the term of entry a degree in law, which the School normally requires to have been awarded with Second Class Honours, Grade I or its equivalent. (b) Candidates who hold, or expect to hold by the term of entry, an interdisciplinary degree which includes a substantial law component, and in which they have attained a Second Class Honours (Grade I) standard or its equivalent. (c) Candidates who hold a degree other than a law degree, in which they have obtained Second Class Honours Grade I standard, or equivalent, and who are qualified legal practitioners. (d) Exceptionally, non-law graduates with Second Class Honours Grade One who have such other educational and/or professional experience in Law as, in the opinion of the School of Law, qualifies them to read for the LL.M. (e) In exceptional circumstances candidates whose grade at primary degree is below H.2.1 standard but who can demonstrate appropriate relevant academic accomplishments may be considered. 2. Regulations 2.1 Candidates for the LLM in Public Law must pursue a course of fulltime study of not less than one academic year. Candidates may not simultaneously pursue any other degree course during this period. 55
56 A limited number of students may be allowed to pursue their studies on a part-time basis over two academic years. 2.2 Candidates are required to attend the prescribed courses in the School of Law in accordance with the requirements of each course. 2.3 Courses may be of year-long or semester duration, and are organised into modules which carry a credit unit weighting or value reflecting the extent and difficulty of the course concerned. 2.4 LL.M. candidates may, with the permission of the School of Law, spend a period or periods pursuing research and/or courses at other universities or Law Schools for academic credit. 2.5 In order to be eligible for the award of the LL.M. degree, a candidate must present a dissertation of 20,000 words (30 ECTS), take introductory courses in LW483 Advanced Legal Research and Methods (10 ECTS) and LW484 Law, Regulation and Policy (10 ECTS) and complete such additional course modules from the list of courses offered in any particular year so as to accumulate a minimum of 90 ECTS overall. 2.6 Subject to 2.5 above, course modules must be chosen from the subject option schedule (as set out below) which is available from the Law School and which is subject to change on an annual basis. Not all courses may be available in a particular year. Applicants for admission to the programme should check the courses available in the relevant academic year. 2.7 Candidates who are registered to take the Programme on a part-time basis shall in First Year take LW483 Advanced Legal Research and Method and LW484 Law, Regulation and Policy as well as courses to a total of 20 ECTS, amounting to 40 ECTS overall. In Second Year courses to a total of 20 ECTS must be taken as well as the Dissertation (30 ECTS), amounting to 50 ECTS overall. 2.8 Courses may be examined entirely by means of written assignments to be submitted at dates as specified by the lecturers concerned. The Dissertation must be submitted by the date as specified by the Law School. 56
57 2.9 Honours are awarded in accordance with the following standards: First Class Honours, an aggregate of (about) 70%; Second Class Honours, Grade I, an aggregate of (about) 60%; Second Class Honours, Grade II, an aggregate of (about) 50%. A pass is 40% All subjects must be passed individually. A candidate who fails a single subject may, at the discretion of the School of Law, re-present for that subject LL.M. candidates may take one or more modules from the subject schedule of the other LL.M programmes in the Law School subject to the approval of the Programme Director and the Law School s conditions and regulations governing inter-operability. 3. Subject Schedule Obligatory Subjects Code Subject ECTS LW483 Advanced Legal Research and 10 Methods LW484 Law, Regulation and Policy 10 LW450 Dissertation 30 Optional Subjects Code Subject ECTS LW485 Sentencing and Penal Policy 10 LW486 Theories of Judicial Activism 10 LW487 Communications Law: Law, Technology and 10 Change LW488 Processes of Law Reform 10 LW489 Disability Law Reform Challenges 10 LW491 Equality Law: Principles and Thematic 10 Application LW448 Comparative Criminal Process 10 LW493 The Criminal Jury 10 LW496 Local Government Law 10 LW449 Aviation Law & Policy 10 LW536 Corporate Social Responsibility 10 LW444 Internet Regulation and Governance 10 LW436 Contemporary Issues in Law & Society 10 LW439 Advocacy, Activism & Public Interest Law 10 57
58 LW566 LW508 Immigration Law: Between Sovereignty & Equality Minors, Minority Groups & the Criminal Justice System SYLLABI of COURSES in LL.M (Public Law) LW483 Advanced Legal Research and Methods (10 ECTS) This course will build on the research skills already acquired by students in their primary law degree programmes. It will be closely linked to and designed to facilitate the writing components and the dissertation requirement of all students on the programme. The emphasis will be on practical exercises which will include elements of the following: textual analysis, literature review, research presentation, report writing, research evaluation. LW484 Law, Regulation and Policy (10 ECTS) This foundation course will examine the role of law in the formulation and implementation of regulation and policy in various fields of public law. The role of law in facilitating activities, in providing a framework and structure within which they can operate, and in establishing a basis for regulatory norms and practices, will be discussed. The role of regulatory bodies in devising regulation (goal setting, establishing criteria, engaging in consultation processes etc.) and implementing it (monitoring, compliance, adjudicating, advocacy, etc.) will be considered, as will various forms of regulation (regulation, co-regulation, selfregulation, etc.). The focus of the course will range from national to European (EU and Council Of Europe) level and cover a variety of topics, for example law and governance in the context of the EU. Topics may vary from year to year. LW448 Comparative Criminal Process (10 ECTS) The emphasis in this course will be on the tensions and antinomies that contribute to the evolving nature of the criminal process. Courts and legislators must constantly seek to balance the competing demands of liberty and security, truth and fairness, process and outcome. This course will examine the manner in which these enduring dilemmas are resolved through a detailed and comparative study of certain key issues in criminal justice, including the admissibility of improperly obtained evidence, the prosecution function, disclosure, pre-trial publicity, the role of the jury and the corrective role of the appeal courts. The materials covered will be mainly legal in nature and will be drawn from Ireland and other common law jurisdictions and, to a significant extent, from the jurisprudence of the European Court of Human Rights. 58
59 LW449 Aviation Law & Policy (10 ECTS) Aviation Law and Policy is a combination of public air law and private air law both from an international and European perspective. Public air law consists of the important principles and rules of international law which are mainly drawn from the Chicago Convention on Civil Aviation and other subsequent international treaty mechanisms. This treaty mechanism is a very important tool for international air transportation and its regulation in both the domestic and international arenas. The course will focus on the important regulatory mechanisms that deal with air transportation in the light of current globalisation aspects. The study will focus on the legal regime of national and international air space, the concept of civil and state aircraft, certification and licensing international standards, the exchange of traffic rights, aircraft accident investigation, the regulation of safety, security, air navigation, airports, and the environment, as well as dispute resolution. Private air law includes the unification of private international air law through the adoption of international conventions. It focuses mainly on the liability of the air carrier towards passengers and shippers under the Warsaw Convention, as amended and supplemented by several other international legal instruments, including the Montreal Convention of The course also examines the basic framework of the Rome Convention on surface damage done by aircraft, and steps taken by the ICAOs to amend and revise the 1952 Rome convention. Insurance aspects and implications of the air carrier s international liability will also be addressed. LW485 Sentencing and Penal Policy (10 ECTS) This course begins with a detailed analysis of the moral justifications for punishment and their current relevance. This will be followed by a study of the historical development of selected penal practices and institutions, including imprisonment, probation and community based sanctions. The latter part of the course will concentrate on judicial sentencing practices, with particular emphasis on the general principles of sentencing developed by courts in common law jurisdictions, and on the strategies more recently adopted by governments and courts in other Western countries to structure sentencing discretion. Sentencing theory and policy has been enriched by contributions from many disciplines including philosophy, social theory, law and history. The reading required for this course will draw on all of those disciplines. LW486 Theories of Judicial Activism (10 ECTS) This course critically examines the role of the courts as agents of change within society. It explores the phenomenon of judicial activism in Irish Constitutional law from a comparative perspective. Such activism is inherently suspect given the ambiguity of many important constitutional provisions to begin with and 59
60 especially given the centrality of the Legislature as the main democratic forum for addressing profound social and moral issues. The focus of our enquiry will be on competing theories concerning the legitimacy of activism as a process distinct from its result in any given case. The principal comparison will be with the United States and especially with the case law of the Warren Court. It will explore both conservative and liberal theories of activism and the possibility of mediating between the two through the concept of public reason. It will include an assessment of the contribution of various Irish and American judges as well as various theorists such as Oliver Wendell Holmes, Judge Cardozo, Herbert Wechlser, Alexander Bickel, Judge Skelly Wight, Bruce Ackerman, Robert Bork, and Ronald Dworkin among others. LW487 Communications Law: Law, Technology and Change (10 ECTS) This course focuses on the legal issues surrounding communications, particularly mass media, in the context of evolving technological, economic and social change. Advances in technology, have spawned new services and new platforms for delivery of content, have opened up new possibilities and markets for advertising, archiving and other methods of information storage and management. Convergence of technologies has led increasingly to convergence also of regulation and regulators. In this new environment, key questions facing regulators and policy-makers include how to accommodate technological and economic developments, how to safeguard democratic values and meet social objectives, ensure pluralism and diversity, and protect the citizen as well as consumer. LW488 Processes of Law Reform (10 ECTS) This course examines the process of democratic law reform. It will look at how effective arguments for law reform can be made and the various interests that must be balanced in order to achieve sustainable and legitimate change. It will explore the various mechanisms available to identify and prioritise particular law reform challenges in the public law sphere. Its scope will be comparative in nature and will look particularly at the role and critical success factors of law reform commissions worldwide. It will explore the parliamentary committee system and the link between parliamentary reform and the law reform process. It will consider the use of special government commissions as well as other public interest bodies such as equality bodies and human rights commissions. LW489 Disability Law Reform Challenges (10 ECTS) The purpose of this course is to explore the key challenges facing the process of disability law reform that is underway worldwide as well as in Ireland. Effectively, this is a law reform process that seeks to accommodate human difference and is premised on the inherent equality of all persons and a rejection of the separate but equal segregationist doctrine. It is taking place in fields as 60
61 diverse as mental health, civil commitment, incapacity law, education law, employment law, housing law, etc. The course will look at a shifting menu of contemporary issues such as the drafting of the UN treaty on the rights and dignity of persons with disabilities, the growing relevance of EU antidiscrimination law, relevant Council of Europe instruments and the relevance of the rights-based approach to service delivery. LW491 Equality Law: Principles and Thematic Application (10 ECTS) This course will examine the theoretical foundations of non-discrimination and equality law and trace the evolution of equality principles in International Human Rights Law, European Law and Irish Law. The transformative potential of equality legislation as an instrument of social change, as a theory of equality will be explored critically. In weeks 6-12 students can choose one thematic focus in which the historical evolution of equality principles in the national and international sphere will be examined from the following list: gender equality, sexual orientation, race/ethnicity, disability. LW493 The Criminal Jury (10 ECTS) The purpose of this module is to consider differing methods of criminal adjudication in the common law. The primary focus of the module will be on the criminal jury its proper role, its development, and its strengths and weaknesses. The module will consider historical, contemporary and comparative materials. Through an examination of the development and principal characteristics of jury trial, we will consider the reasons for the decline since the nineteenth century of the jury as the principal dispositive mechanism in the criminal law. We will also consider the implications of a structured system of plea-bargaining and juryless trials, and the benefits that are said to come from the jury. LW496 Local Government Law (10 ECTS) This new course will explore key areas of legal and institutional change within local government in Ireland. It will examine the theoretical, constitutional and legal background of local government and its role as an organ of the State in contemporary society. The historical development of the institution itself in the Republic of Ireland will be appraised. The operation of the Local Government Act 2001 and other recent law will be appraised within the representative, regulatory and service provision functions. Key transformations in the managerial and service delivery elements of local authorities will be evaluated. Important questions arise in the context of the obligations on local authorities under the European Convention on Human Rights Act 2003, and the development of applicable tools for human rights proofing of local government policies and practices will inform a central aspect of the module. The role, outcomes and potential development of the Ombudsman s Office in relations 61
62 with local authorities will be analysed and evaluated, together with relevant legal developments. LW536 Corporate Social Responsibility (10 ECTS) The course on Corporate Social Responsibility considers the broad dimensions of CSR: from labour rights to human rights to environmental concerns, from philanthropy to corporate governance to ethical business practices such as avoiding misleading or offensive advertising and avoiding corrupt business payments. Codes of conduct are dealt with in representative industries such as clothing and sportswear, toys, mining, and financial services. Emphasis is placed on the business case for CSR and on strategies for implementing CSR within business operations. LW444 Internet Regulation and Governance (10 ECTS) The Internet is a complex global network which has already had a transformative impact on communications, culture and commerce. This course explores the methods and extent to which the Internet is and can be governed and the national and international issues involved. The widespread use of this technology has given rise to important substantive issues that have led to national and international regulatory activity. These and other issues of central importance to an understanding of the world we live in, and will live in, are a central focus of this course. Topics covered may include: the regulation of unsolicited commercial and spam; freedom of speech online; public and private filtering of content; consumer protection in Internet commerce; data protection and privacy in a globalised information space; effective enforcement of the criminal law online; sexually explicit speech and local standards; forumshopping for plaintiff-friendly jurisdictions in defamation cases; intellectual property rights and the Internet; regulating gambling online. LW566 Immigration Law: Between Sovereignty & Equality (10 ECTS) This course examines the burgeoning area of immigration law and policy. Immigration law has a multi-level structure, covering domestic law, EU law and public international law (notably human rights and refugee law). The course explores how these levels interact. In particular, it investigates how the concept of State sovereignty, whereby States are free to control immigration, has been curtailed by the ceding of soveriegnty to the EU as the latter has developed competence in the areas of immigration and asylum. It also explores the extent to which domestic and EU immigration law are curtailed by international human rights law which require that everyone - regardless of legal status - is entitled to certain minimum standards of treatment. Inshort, the course examines how the competing forces of sovereignty and equality impact on the regulation of immigration. 62
63 LW436 Contemporary Issues in Law & Society (10 ECTS) This module will examine contemporary issues of law and society at national and international level. The focus will be on the role of public law and public interest law in addressing problems and effecting change in society. As the emphasis is on contemporary issues, precise themes addressed may vary from year to year LW439 Advocacy, Activism & Public Interest Law (10 ECTS) This module will examine the role of advocacy and the dynamics of activism in advocating diverse forms and aspects of "the public interest". Its focus will be on the regulatory issues concerning non-governmental bodies, their relationship with the state, specific instances of activism overtly animated by public interest goals, and selected themes, such as media reporting of public interest issues. LW508 Minors, Minority Groups & the Criminal Justice System (10 ECTS) This course explores the experiences of children, members of the Traveller / Roma community, persons with mental health problems and/or intellectual disabilities and women who come into contact with the criminal justice system. This is a comparative law module that considers the different theoretical approaches to criminal justice and penal policy. Throughout the course there will be a consideration of Ireland s obligations under international and regional human rights law. LW450 Dissertation (30 ECTS): This module represents the concerted piece of work that is submitted by a candidate at the end of the programme. It will consist of a detailed analysis of a specific issue determined by the candidate in conjunction with his/her supervisor. 63
64 DEGREE OF MASTER OF LAWS IN INTERNATIONAL AND COMPARATIVE DISABILITY LAW AND POLICY The Master of Laws in International and Comparative Disability Law and Policy, comprising course work and the preparation of a dissertation, is available both on a full-time basis over one academic year and on a part-time basis over two academic years. The programme comprises two semesters of course work and the preparation of a dissertation. It is designed for graduates who wish to work in the field of disability law and policy, in government, non-governmental organisations at national and international level, as well as in private practice. The programme focuses on the dynamics of legal and social change including contemporary law reform challenges in the disability law. 1. Entry Requirements To be admitted to the LL.M., candidates must be approved by the School of Law. An interview may form part of the selection process. Applications will be considered from those candidates who satisfy one or other of the following prerequisites: (a) (b) (c) (d) (e) Candidates who hold, or expect to hold by the term of entry a degree in law, which the School requires to have been awarded with Second Class Honours, Grade I or its equivalent. Candidates who hold, or expect to hold by the term of entry, an interdisciplinary degree which includes a substantial law component, and in which they have attained a Second Class Honours (Grade I) standard or its equivalent. Candidates who hold a degree other than a law degree, in which they have obtained Second Class Honours Grade I standard, or equivalent, and who are qualified legal practitioners. Exceptionally, non-law graduates with Second Class Honours Grade One who have such other educational and/or professional experience in Law or Disability Rights, as in the opinion of the School of Law, qualifies them to read for the LL.M. In exceptional circumstances candidates whose grade at primary degree is below H.2.1 standard but who can demonstrate appropriate relevant academic accomplishments may be considered. 64
65 2. REGULATIONS 2.1 Candidates for the LLM in International and Comparative Disability Law and Policy must pursue a course of full- time study of not less than one academic year. Candidates may not simultaneously pursue any other degree course during this period. A limited number of students may be allowed to pursue their studies on a part-time basis over two academic years. 2.2 Candidates are required to attend the prescribed courses in the School of Law in accordance with the requirements of each course. 2.3 Courses may be of year-long or semester duration, and are organised into modules which carry a credit unit weighting or value reflecting the extent and difficulty of the course concerned. 2.4 LL.M. candidates may, with the permission of the School of Law, spend a period or periods pursuing research and/or courses at other universities or Law Schools for academic credit. 2.5 In order to be eligible for the award of the LL.M. degree, a candidate must present a dissertation of 20,000 words (30 ECTS), take introductory courses in LW484 Law, Regulation and Policy (10 ECTS) and LW552 Foundational Theoretical Framework in Disability Law and Policy (10 ECTS) and complete such additional course modules from the list of courses offered in any particular year so as to accumulate a minimum of 90 ECTS overall. 2.6 Subject to 2.5 above, course modules must be chosen from the subject option schedule (as set out below) which is available from the Law School and which is subject to change on an annual basis. Not all courses may be available in a particular year. Applicants for admission to the programme should check the courses available in the relevant academic year. 2.7 Candidates who are registered to take the Programme on a part-time basis shall in First Year take LW552 Foundational Theoretical Framework in Disability Law and Policy as well as optional courses to a total of 20 ECTS, amounting to 30 ECTS overall. In Second Year students must complete LW484 Law, Regulation and Policy (10 ECTS) and courses amounting to 20 ECTS and the Dissertation, amounting to 60 ECTS overall. 65
66 2.8 Courses may be examined by examination, written assignment, or project work on placement at dates as specified by the lecturers concerned. The Dissertation must be submitted by the date as specified by the Law School. 2.9 Honours are awarded in accordance with the following standards: First Class Honours, an aggregate of (about) 70%; Second Class Honours, Grade I, an aggregate of (about) 60%; Second Class Honours, Grade II, an aggregate of (about) 50%. A pass is 40% All subjects must be passed individually. A candidate who fails a single subject may, at the discretion of the School of Law, re-present for that subject LL.M. candidates may take one or more modules from the subject schedule of the other LL.M programmes in the Law School subject to the approval of the Programme Director and the Law School s conditions and regulations governing inter-operability. 3. SUBJECT SCHEDULE Obligatory Subjects Code Subject LW552 Foundational Theoretical Framework in Disability Law and Policy LW484 Law Regulation and Policy LW450 Dissertation Optional Subjects Code Subject LW550 Advocacy and Access to Justice LW551 Contemporary Challenges in Disability Law and Policy LW552 Inclusive Education Law and Policy LW555 Irish Disability Law and Policy LW556 Law and Policy on Independent Living LW558 Legal Capacity Law and Policy LW560 Lifecourse issues on Disability Law and Policy LW561 Mental Health Law and Policy LW562 Regional Disability Law and Policy LW563 US Disability Law and Policy LW509 Universal Environments LW5101 International Disability Human Rights Clinic 10 ECTS 10 ECTS 30 ECTS 10 ECTS 10 ECTS 10 ECTS 10 ECTS 10 ECTS 10 ECTS 10 ECTS 10 ECTS 10 ECTS 10 ECTS 10 ECTS 10 ECTS 66
67 SYLLABI of COURSES in LL.M (International and Comparative Disability Law and Policy) LW552 Foundational Theoretical Framework in Disability Law and Policy (10 ECTS) This course provides students with an in-depth examination of the core foundational themes in disability law and policy, including Philosophy and Models of Disability (e.g. Medical and Social Models), Principles and Obligations from the UN Convention on the Rights of Persons with Disabilities which should underpin all States Parties legislation (e.g. to have respect for inherent dignity, individual autonomy etc.), Legal Capacity (e.g. supported vs. substituted decision making), models of supported living (e.g. personal assistance, group homes), the Evolution of Disability Law (e.g. roots of disability as a human rights concern), and Lifecourse Policy Issues on Disability. This course will also aim to identify and examine the different sources relevant to disability law and policy, such as various hard and soft law, statutory instruments, empirical data etc. from international, regional (European), and national law. LW484 Law, Regulation and Policy (10ECTS) This foundation course will examine the role of law in the formulation and implementation of regulation and policy in various fields of public law. The role of law in facilitating activities, in providing a framework and structure within which they can operate, and in establishing a basis for regulatory norms and practices, will be discussed. The role of regulatory bodies in devising regulation (goal setting, establishing criteria, engaging in consultation processes etc.) and implementing it (monitoring, compliance, adjudicating, advocacy, etc.) will be considered, as will various forms of regulation (regulation, co-regulation, selfregulation, etc.). The focus of the course will range from national to European (EU and Council Of Europe) level and cover a variety of topics, for example law and governance in the context of the EU. Topics may vary from year to year. LW550 Advocacy and Access to Justice (10 ECTS) This module will address the broad scope of access to justice for people with disabilities (including access to information, and to the systems and procedures used in the administration of justice). It will highlight how people with disabilities experience barriers in accessing justice, and how these barriers can be redressed, through statutory advocacy services and other innovative rightsenforcement mechanisms. 67
68 LW562 Regional Disability Law and Policy (10 ECTS) This module will give an overview of various regional approaches to disability law and policy as a way of transposing the UN Convention on the Rights of Persons with Disabilities and as a way of stimulating region-wide reform. While the main focus will be on European disability law & policy reform, (European Union, OECD, Council of Europe), the course will also address regional developments elsewhere such as those occurring in the Asia/Pacific region, the Organisation of American States (OAS), the African Union (AU). Of particular focus will be development aid as a way of underpinning global change. There will therefore be coverage of the World Bank and its related activities. LW563 US Disability Law and Policy (10 ECTS) This module will give an overview of the history, constitutional bases, legislation and policy designed for people with disabilities in the United States. It will cover the Americans with Disabilities Act, the Individuals with Disabilities Education Act, the Rehabilitation Act, eaccessibility, public procurement law and the operations of USAID. It will survey the web of regulatory agencies and their remit as well as the caselaw under the relevant legislation. LW555 Irish Disability Law and Policy (10 ECTS) This module will give an overview of the principles, legislation and policy designed for people with disabilities in Ireland, beginning with a historical overview of the social, cultural and political context within which the State responded to people with disabilities in Ireland. Areas of focus will include the implementation and monitoring of the National Disability Strategy, the development of the Disability Act, A Vision for Change, and case law on the constitutional rights of persons with disabilities. LW551 Comparative Legal Capacity Law and Policy (10 ECTS) The focus of this course is on international, regional and national law reform of legal capacity laws. Key issues will include supported decision making and the assessment of legal capacity. LW556 Comparative Law and Policy on Independent Living (10 ECTS) This will provide an introduction to law and policy relevant to independent living from a range of different jurisdictions, such as the legal basis concerning the right to independent living and personal assistance, different funding arrangements (direct payments, individual budgets), and the assessment, delivery, design and review of support services. 68
69 LW561 Comparative Mental Health Law and Policy (10 ECTS) The purpose of this course is to explore the key challenges facing mental health law and policy at the international, regional and national level. Based on the inherent equality of all persons, this course will examine the legitimacy of laws and policy priorities that effect the confinement and forcible treatment of persons from a civil and criminal law perspective LW552 Inclusive Education Law and Policy (10 ECTS) The purpose of this course is to explore the key challenges facing the process of inclusive education reform that is underway worldwide as well as in Ireland. Effectively, this is a law reform process that seeks to accommodate human difference within the education system, and is premised on the inherent equality of all persons and a rejection of the separate but equal segregationist doctrine. This move towards mainstream education, to truly inclusive education is not without its critics, with some championing the necessity for separate provision in certain situations (e.g. deaf community, and parents of children with autism). LW560 Lifecourse Issues on Disability Law and Policy (10 ECTS) This module will use a lifecourse approach as the key framework of reference for understanding existing vulnerabilities and inequalities in society, as experienced by people with disabilities. In so doing, it will examine the issues faced by people with disabilities in aspects of transition, including from education to work, from living at home or in care to independent living and issues affecting children and elderly people with disabilities. LW551 Contemporary Challenges in Disability Law and Policy (10 ECTS) The aim of this course is to engage students in the very latest issues and themes of debate in the area of Disability Law and Policy. This course will provide a forum for the discussion of current issues in Disability Law and Policy form the point of view of law, philosophy, economics and sociology from both a theoretical and practical perspectives. Topics may include: Development Aid, Administration and Management of Disability, Aging and Disability and Family Support and Disability. As the emphasis is on contemporary issues, precise themes addressed may vary from year to year. LW509 Universal Environments (10 ECTS) This module will review Accessibility Law and Policy as it applies to all aspects of the modern environment including transport, technology, the built environment and goods and services. The course will address national, European and international legal laws, policies and standards. Key issues will include the relationship between disability laws and standards for accessibility and the wider agenda of Universal Design in achieving environments that are usable and 69
70 accessible to all. LW5101 International Disability Human Rights Clinic (10 ECTS) This module focuses on the development of clinical legal skills and their application to international disability human rights work such as the preparation of amicus briefs for regional and international courts, the development of shadow reports to UN treaty bodies and other inputs to UN agencies on issues of disability rights law. LW450 Dissertation (30 ECTS) This module represents the concerted piece of work that is submitted by a candidate at the end of the programme. It will consist of a detailed analysis of a specific issue determined by the candidate in conjunction with his/her supervisor. DEGREE OF MASTER OF LAWS IN INTERNATIONAL HUMAN RIGHTS (LL.M.) 1. Award of the Degree of LL.M. The Degree of LL.M. is a postgraduate degree which can be obtained by fulltime or part-time coursework, in which the candidates attend the prescribed courses in the School of Law, and satisfactorily complete such written work and/or pass such written examinations as are required by the School. Full-time coursework requires attendance for three terms, while part-time coursework requires attendance for six terms. 2. Entry Requirements To be admitted to the LL.M., candidates must be approved by the School of Law. An interview may form part of the selection process. Applications will be considered from those candidates who satisfy one or other of the following prerequisites: (a) Candidates who hold, or expect to hold by the term of entry a degree in law, which the School requires to have been awarded with Second Class Honours, Grade I or its equivalent. 70
71 (b) Candidates who hold, or expect to hold by the term of entry, an interdisciplinary degree which includes a substantial law component, and in which they have attained a Second Class Honours (Grade I) standard or its equivalent. (c) Candidates who hold a degree other than a law degree, in which they have obtained Second Class Honours Grade I standard, or equivalent, and who are qualified legal practitioners. (d) Exceptionally, non-law graduates with Second Class Honours Grade One who have such other educational and/or professional experience in Law or in Human Rights as, in the opinion of the School of Law, qualifies them to read for the LL.M. In these cases, we request that these applications be referred to the LLM Programme Director. (e) In exceptional circumstances candidates whose grade at primary degree is below H.2.1 standard but who can demonstrate appropriate relevant academic accomplishments may be considered. In these cases, we request that these applications be referred to the LLM Programme Director. 3. Regulations 3.1 Candidates for the LLM must pursue a course of full-time study of not less than one academic year. Candidates may not simultaneously pursue any other degree course during this period. A limited number of students may be allowed to pursue their studies on a part-time basis over two academic years. 3.2 Candidates are required to attend the prescribed courses in the School of Law in accordance with the requirements of each course. 3.3 Courses may be year-long, or of semester duration or portion thereof, and are organised into modules which carry a credit unit weighting or value reflecting the extent and difficulty of the course concerned. 3.4 LL.M. candidates may, with the permission of the School of Law, spend a period or periods pursuing research and/or courses at other universities or Law Schools for academic credit. 3.5 Courses may be examined entirely by means of written assignments to be submitted at dates as specified by the lecturers concerned. The Dissertation must be submitted by the date as specified by the Human Rights Centre. 71
72 3.6 In order to be eligible for the award of the LL.M. degree, a candidate must present a dissertation of maximum 20,000 words. (30 credits), take the Introduction to International Human Rights Law course (15 credits) and complete such additional course modules from the list of courses offered in any particular year so as to accumulate a minimum of 90 credits. Normally, a course given over one semester (12 weeks x 3 hours) will be awarded with 15 credits, and a course given over a shorter period of time will be awarded with either 5 (12 teaching hours) or 10 credits (24 teaching hours). 3.7 Candidates who are registered to take the programme on a part-time basis shall in the first year present for the course in Introduction to International Human Rights Law and further course(s) to a minimum of 15 ECTS amounting to 30 ECTS in total for the year. In the Second Year courses to a total of 30 ECTS must be taken and the dissertation (30 ECTS) presented. 3.8 Subject to 3.6 above, course modules must be chosen from the subject schedule below which is subject to change on an annual basis. Not all courses may be available in a particular year. OBLIGATORY SUBJECTS Code Subject ECTS LW451 Introduction to International Human Rights Law 15 LW450 Dissertation 30 OPTIONAL SUBJECTS: To be chosen from the composite subject schedule below (just before the syllabi of courses) 3.9 In the event that courses in excess of the graduation requirement of 90 credits are presented for examination, the best scores will be counted for honours purposes All subjects must be passed individually. A candidate who fails a single subject may, at the discretion of the School of Law, re-present in that subject Honours are awarded in accordance with the following standards: First Class Honours, an aggregate of (about) 70%; Second Class Honours, Grade I, an aggregate of (about) 60%; Second Class Honours, Grade II, an aggregate of (about) 50%. A pass is 40%. 72
73 DEGREE OF MASTER OF LAWS IN PEACE OPERATIONS, HUMANITARIAN LAW AND CONFLICT 1. Award of the Degree of LL.M. The Degree of LL.M. is a postgraduate degree which can be obtained by fulltime or part-time coursework, in which the candidates attend the prescribed courses in the School of Law, and satisfactorily complete such written work and/or pass such written examinations as are required by the School. Full-time coursework requires attendance for three terms, while part-time coursework requires attendance for six terms. 2. Entry Requirements To be admitted to the LL.M., candidates must be approved by the School of Law. An interview may form part of the selection process. Applications will be considered from those candidates who satisfy one or other of the following prerequisites: (a) (b) (c) (d) (e) Candidates who hold, or expect to hold by the term of entry a degree in law, which the School requires to have been awarded with Second Class Honours, Grade I or its equivalent. Candidates who hold, or expect to hold by the term of entry, an interdisciplinary degree which includes a substantial law component, and in which they have attained a Second Class Honours (Grade I) standard or its equivalent. Candidates who hold a degree other than a law degree, in which they have obtained Second Class Honours Grade I standard, or equivalent, and who are qualified legal practitioners. Exceptionally, non-law graduates with Second Class Honours Grade One who have such other educational and/or professional experience in Law or in Human Rights as, in the opinion of the School of Law, qualifies them to read for the LL.M. In exceptional circumstances candidates whose grade at primary degree is below H.2.1 standard but who can demonstrate appropriate relevant academic accomplishments may be considered. It must be noted that for applicants that fall in to this category, they must demonstrate other assessment criteria relevant work experience, commitment to human rights, other extenuating factors. In these cases, we request that these applications be referred to the LLM Programme Director. 73
74 (f) Candidates with undergraduate degrees or who have completed a military Command and Staff course or its equivalent at an institute recognized by NUI Galway and who have professional experience in peace support operations or a related field, as in the opinion of the School of Law, qualifies them to pursue the LL.M. Candidates who have significant experience in the field of peacekeeping and/or international human rights, for example with international organizations or international non-governmental organizations, are encouraged to apply under this rubric. In these cases we request that the applications be referred to the Module Director, Professor Ray Murphy. 3. Regulations 3.1 Candidates for the LL.M. in Peace Operations, Humanitarian Law & Conflict must pursue a course of full-time study of not less than one academic year, or a course of part-time study of not less than two years. Candidates may not simultaneously pursue any other degree course during this period. Coursework accounts for two-thirds of the programme, and the research dissertation accounts for the remaining one-third. The research dissertation must be carried out over the summer period, with final submission by the date as specified by the Human Rights Centre. 3.2 Candidates are required to attend the prescribed courses in the School of Law in accordance with the requirements of each course. 3.3 Courses may be year-long, or of semester duration or portion thereof, and are organised into modules which carry a credit unit weighting or value reflecting the extent and difficulty of the course concerned. 3.4 LL.M. candidates may, with the permission of the School of Law, spend a period or periods pursuing research and/or courses at other universities or Law Schools for academic credit. 3.5 Courses may be examined entirely by means of written assignments to be submitted at dates as specified by the lecturers concerned. The Dissertation must be submitted by the date as specified by the Human Rights Centre. 3.6 In order to be eligible for the award of the LL.M. in Peace Operations, Humanitarian Law & Conflict a candidate must present a dissertation of maximum 20,000 words (30 credits), pass the courses in International Peace Support Operations (15 credits) and (LW458) International Humanitarian Law & Human Rights (15 credits) and complete such additional course 74
75 modules from the list of courses offered in any particular year so as to accumulate a minimum of 90 credits. 3.7 Part-time candidates must have passed the equivalent of 30 credits course work in year one including the course in International Peace Support Operations (15 credits). In year two, part-time candidates must pass a further 30 credits course work including the course in (LW458) International Humanitarian Law & Human Rights and present the dissertation (30 credits) in order to be eligible for the award of the degree. 3.8 Subject to 3.6 above, course modules must be chosen from the subject schedule below which is subject to change on an annual basis. Not all courses may be available in a particular year. 3.9 The programme recognises the experience of candidates who have participated in peacekeeping activities in various parts of the world. Thus the programme provides credit for a full semester course (15 credits) in exchange for submission of a written assignment of appropriate length, reviewing field experience and lessons learned. The programme may also recognize and credit a peacekeeping course of appropriate duration delivered at a Centre/Institute recognised by NUI Galway. However, in order to allow for consistent evaluation, a written paper of appropriate length will have to be submitted. The maximum number of credits permitted in the case of any candidate in recognition of field experience or course work completed elsewhere is 15. SUBJECT SCHEDULE OBLIGATORY SUBJECTS: Code Subject ECTS LW469 International Peace Support Operations 15 LW458 International Humanitarian Law & Human Rights 15 LW450 Dissertation 30 OPTIONAL SUBJECTS: To be chosen from the composite subject schedule below (just before the syllabi of courses) 3.10 In the event that courses in excess of the graduation requirement of 90 credits are presented for examination, the best scores will be counted for examination purposes. 75
76 3.11 All subjects must be passed individually. A candidate who fails a single subject may, at the discretion of the School of Law, represent in that subject Honours are awarded in accordance with the following standards: First Class Honours, an aggregate of (about) 70%; Second Class Honours, Grade I, an aggregate of (about) 60%; Second Class Honours, Grade II, an aggregate of (about) 50%. A pass is 40%. Note: Syllabi for the LL.M in Peace Operations, Humanitarian Law & Conflict are set out in the LL.M syllabus section, following. LL.M. in Human Rights Law (Cross Border) and LL.M in Human Rights and Criminal Justice (Cross Border) Introduction The establishment of two cross border Masters Programmes (Cross-Border LL.M. in Human Rights Law and Cross-border LL.M. in Human Rights and Criminal Justice) between the Queen s University Belfast Law School and the Law School of NUI Galway represents an important development for the Law Schools concerned as well as for the two universities. It is structured so that students complete one semester in each jurisdiction. The advantage of such an approach is that it is possible for the Masters programmes to provide a truly comparative experience for students, with exposure to complementary topics from the available range of options in both institutions. These programmes are particularly suited to students wishing to have a broader post graduate experience, particularly in the context of increased cooperation between the North and South of Ireland in a number of key human rights and criminal justice areas. Regulations for the LL.M. in Human Rights Law (Cross-Border) The degree of LL.M. is a postgraduate degree which can be obtained full time, in which the candidates undertake the prescribed courses in the School of Law Queen s University Belfast and NUI Galway, School of Law and satisfactorily complete such written work and/or pass such written examinations as are required by the two Faculties. Full time coursework requires attendance for 12 months, four months of which will in QUB, four months in Galway, and four months for the dissertation. 76
77 Application Procedure Persons who wish to apply for the LL.M. in Human Rights (Cross-Border) must complete the appropriate form from the Admissions Office in QUB and return the form to that office. After receiving the approval of the School and School by way of a joint Admissions Group, applicants must enrol as postgraduate students and pay the appropriate fees to Queens University Belfast who will collect the fees on behalf of both institutions. Postgraduate students who are enrolled for this degree are required to comply with the General Regulations of both NUI Galway and Queen s University Belfast. Pre-Requisites To be eligible to read for the LL.M. candidates must be approved by Academic Council of both Universities on advice from the Joint Admissions Committee. An interview may form part of the selection process. Applications will be considered normally from those candidates who satisfy one or other of the following prerequisites: (a) Candidates will have graduated from an approved university or other recognised institution. (b) Candidates who hold, or expect to hold by the semester of entry, a degree in law with a Second Class Honours (Grade I) standard or its equivalent. (c) Candidates who hold, or expect to hold by the semester of entry, an interdisciplinary degree which includes a substantial law component, and in which they have attained a Second Class Honours (Grade I) standard or its equivalent. (d) Candidates with undergraduate degrees who have such other appropriate educational and/or professional experience in law or in human rights as, in the opinion of the Joint Admissions Committee, qualify them to read for the LL.M. degree. Course Content 1. Candidates for the Cross-Border LL.M. in Human Rights must pursue a course of full time study of not less than one academic year. Candidates may not, without the permission of the School and School, simultaneously pursue any other degree course during this period. 2. In order to the eligible for the award of the Cross Border LL.M. degree candidates must present a dissertation of 20,000 words, undertake study for the first term in QUB and, take the Introduction to Human Rights Law module in QUB and the equivalent of one other full module and then undertake study for the second term in Galway and take the equivalent of 77
78 two full modules. The third term shall consist of research and the writing of the dissertation, which may be presented in either QUB or NUI, Galway. 3. The course modules must be chosen from the subject option list which is available from the School of Law at QUB or the Irish Centre for Human Rights at NUI Galway and which is subject to change on an annual basis. Not all courses may be available in a particular year. Applicants for admission to the programme should check the courses available in the relevant year. 4. LL.M. candidates, may, with the permission of the School/School, spend a period or periods pursuing research and/or courses at other universities or Law Schools for academic credit. Progression Regulations 1. Marks will be awarded for written work and/or examination in the prescribed course. The distribution of marks will be in accordance with the recommendation of the course leader with the approval of the School/School. 2. Students who pass the degree will have satisfied core competencies decided upon by both universities. 3. Candidates who obtain an average of 70% or more on the aggregate of the marks obtained in the taught modules and in the dissertation will be awarded a Master s degree with distinction; candidates who obtain an average of 60% will be awarded the degree with commendation. 4. All subjects must be passed individually; Pass mark is 50%. A candidate who fails a single subject may, at the discretion of the School, resit for that subject. 5. Only one resubmission of the dissertation will be permitted. 6. Students will be conferred in either Queens University Belfast or NUI Galway, depending on where they decide to present their dissertation. Structure of programme (LLM in Human Rights Cross Border) Obligatory Code LW450 Subject Dissertation ECTS 30 Semester 1 QUB Code Subject ECTS LW476 Introduction to Human Rights Law 15 78
79 and one of Code Subject ECTS LW477 Conflict Regulation 15 LW478 Equality and the Law 15 LW542 Human Rights in Times of Conflict 7.5 LW543 Human Rights in Modern Europe 7.5 LW544 Medical Law 7.5 LW545 Human Rights as Power, Politics and Paradox 7.5 Semester 2 Galway Students must choose the equivalent of two full modules to be chosen from the composite subject schedule below (just before the syllabi of courses) Summer Students are required to undertake a dissertation (equivalent to two modules) on an approved topic, which should normally be about 20,000 words, to be submitted by the date as specified by the Irish Centre for Human Rights (Galway) and the Law School, QUB. Regulations for the LL.M in Human Rights and Criminal Justice (Cross-Border) The degree of LL.M. is a postgraduate degree which can be obtained full time in which the candidates attend the prescribed courses in the School of Law Queen s University Belfast and NUI Galway, School of Law and satisfactorily complete such written work and/or pass such written examinations as are required by the two Faculties. Full time coursework requires attendance for 12 months (four months of which will in QUB, four months in Galway, and four months for the dissertation). Procedure 1. Candidates should apply to the School of Law at Queen s University Belfast. 79
80 2. Persons wishing to undertake the Cross-Border LL.M. in Human Rights and Criminal Justice must enrol as postgraduate students at both institutions. 3. Postgraduate students who are enrolled for this degree are required to comply with the General Regulations of both NUI Galway and Queen s University Belfast. 4. Persons who wish to apply for the Cross-Border LL.M. in Human Rights and Criminal Justice must complete the appropriate form from the Admissions Office in Queens University Belfast and return the form to that office. 5. After receiving the approval of the School and School by way of a joint Admissions Group, applicants must enrol as postgraduate students and pay the appropriate fees to QUB who will collect the fees on behalf of both institutions. Pre-Requisites To be eligible to read for the LL.M. candidates must be approved by Academic Council of both Universities on advice from the Joint Admissions Committee. An interview may form part of the selection process. Applications will be considered normally from those candidates who satisfy one or other of the following prerequisites: (a) Candidates will have graduated from an approved university or other recognised institution. (b) Candidates who hold, or expect to hold by the semester of entry, a degree in law. The School/School will normally require that degree to have been awarded with a Second Class Honours (Grade I) standard or its equivalent. (c) Candidates who hold, or expect to hold by the semester of entry, an interdisciplinary degree which includes a substantial law component, and in which they have attained a Second Class Honours (Grade I) standard or its equivalent. (d) Candidates with undergraduate degrees who have such other appropriate educational and/or professional experience in law or in human rights as, in the opinion of the Joint Admissions Committee, qualify them to read for the LL.M. degree. Course Content 1. Candidates for the LL.M. in Human Rights and Criminal Justice (Cross- Border) must pursue a course of full time study of not less than one academic year. Candidates may not, without the permission of the School and School, simultaneously pursue any other degree course during this period. 80
81 2. In order to the eligible for the award of the Cross-Border LL.M. degree candidates must present a dissertation of 20,000 words, undertake study for the first term in QUB and, take the introduction to human rights law and Criminology modules in QUB and then undertake study for second term in Galway and take the equivalent of two full modules. The third term shall be undertaking research and writing of the dissertation, which may be presented in either QUB or NUI, Galway. 3. The course modules must be chosen from the subject option list which is available from the School of Law at QUB or the Irish Centre for Human Rights at NUI Galway and which is subject to change on an annual basis. Not all courses may be available in a particular year. Applicants for admission to the programme should check the courses available in the relevant year. 4. LL.M. candidates, may, with the permission of the School/School, spend a period or periods pursuing research and/or courses at other universities or Law Schools for academic credit. Progression Regulations 1. Marks will be awarded for written work and/or examination in the prescribed course. The distribution of marks will be in accordance with the recommendation of the course leader with the approval of the School/School. 2. Students who pass the degree will have satisfied core competencies decided upon by both universities. 3. Candidates who obtain an average of 70% or more on the aggregate of the marks obtained in the taught modules and in the dissertation/project will be awarded a Master s degree with distinction; candidates who obtain an average of 60% will be awarded the degree with commendation. 4. All subjects must be passed individually; Pass mark is 50%. A candidate who fails a single subject may, at the discretion of the School, re-sit for that subject. 5. Only one resubmission of the dissertation will be permitted. 6. Students will be conferred in either Queens University Belfast or NUI Galway, depending on where they decide to present their dissertation. Structure of programme (LLM in Human Rights & Criminal Justice Cross Border) Obligatory Code Subject LW450 Dissertation ECTS 30 81
82 Semester 1 QUB Code Subject ECTS LW476 Introduction to Human Rights Law 15 LW479 Criminal Justice Process 15 LW542 Human Rights in Times of Conflict 7.5 LW543 Human Rights in Modern Europe 7.5 LW544 Medical Law 7.5 LW545 Human rights as Power, Politics and Paradox 7.5 Semester 2 Galway Students must choose the equivalent of two full modules (30 credits). The equivalent of one full module (15 credits) must relate to International Criminal Law; the modules to be chosen from the composite subject schedule below (just before the syllabi of courses) Summer Students are required to undertake a dissertation (equivalent to two modules) on an approved topic, which should normally be about 20,000 words, to be submitted by the date as specified by the Irish Centre for Human Rights (Galway) and the Law School, QUB. DEGREE OF MASTER OF LAWS IN INTERNATIONAL CRIMINAL LAW (LL.M.) 1. Award of the Degree of LL.M. The Degree of LL.M. is a postgraduate degree which can be obtained by fulltime or part-time coursework, in which the candidates attend the prescribed courses in the School of Law, and satisfactorily complete such written work and/or pass such written examinations as are required by the School. Full-time coursework requires attendance for three terms, while part-time coursework requires attendance for six terms. 2. Entry Requirements To be admitted to the LL.M., candidates must be approved by the School of Law. An interview may form part of the selection process. Applications will be considered from those candidates who satisfy one or other of the following prerequisites: 82
83 (a) Candidates who hold, or expect to hold by the term of entry a degree in law, which the School requires to have been awarded with Second Class Honours, Grade I or its equivalent. (b) Candidates who hold, or expect to hold by the term of entry, an interdisciplinary degree which includes a substantial law component, and in which they have attained a Second Class Honours (Grade I) standard or its equivalent. (c) Candidates who hold a degree other than a law degree, in which they have obtained Second Class Honours Grade I standard, or equivalent, and who are qualified legal practitioners. (d) Exceptionally, non-law graduates with Second Class Honours Grade One who have such other educational and/or professional experience in Law or in Human Rights as, in the opinion of the School of Law, qualifies them to read for the LL.M. (e) In exceptional circumstances candidates whose grade at primary degree is below H.2.1 standard but who can demonstrate appropriate relevant academic accomplishments may be considered. 3. Regulations 3.1 Candidates for the LLM in international criminal law must pursue a course of full-time study of not less than one academic year. Candidates may not simultaneously pursue any other degree course during this period. A limited number of students may be allowed to pursue their studies on a part-time basis over two academic years. 3.2 Candidates are required to attend the prescribed courses in the School of Law in accordance with the requirements of each course. 3.3 Courses may be year-long, or of semester duration or portion thereof, and are organised into modules which carry a credit unit weighting or value reflecting the extent and difficulty of the course concerned. 3.4 LL.M. candidates may, with the permission of the School of Law, spend a period or periods pursuing research and/or courses at other universities or Law Schools for academic credit. 3.5 Courses may be examined entirely by means of written assignments to be submitted at dates as specified by the lecturers concerned. The Dissertation must be submitted by the date as specified by the Human Rights Centre. 3.6 In order to be eligible for the award of the LL.M. degree, a candidate must present a dissertation of maximum 20,000 words (30 credits), take the Introduction to International Criminal Law course (15 credits) and 83
84 complete such additional course modules from the list of courses offered in any particular year so as to accumulate a minimum of 90 credits.. Normally, a course given over one semester (12 weeks x 3 hours) will be awarded with 15 credits, and a course given over a shorter period of time will be awarded with either 5 (12 teaching hours) or 10 credits (24 teaching hours). 3.7 Candidates who are registered to take the programme on a part-time basis shall in the first year present for the course in Introduction to International Criminal Law and further course(s) to a minimum of 15 ECTS amounting to 30 ECTS in total for the year. In the Second Year, courses to a total of 30 ECTS must be taken and the dissertation (30 ECTS) presented. 3.8 Subject to 3.6 above, course modules must be chosen from the subject schedule below which is subject to change on an annual basis. Not all courses may be available in a particular year. OBLIGATORY: Code Subject ECTS LW520 Introduction to International Criminal Law 15 LW450 Dissertation 30 OPTIONAL SUBJECTS: To be chosen from the composite subject schedule below (just before the syllabi of courses) 3.9 In the event that courses in excess of the graduation requirement of 90 credits are presented for examination, the best scores will be counted for honours purposes All subjects must be passed individually. A candidate who fails a single subject may, at the discretion of the School of Law, re-present in that subject Honours are awarded in accordance with the following standards: First Class Honours, an aggregate of (about) 70%; Second Class Honours, Grade I, an aggregate of (about) 60%; Second Class Honours, Grade II, an aggregate of (about) 50%. A pass is 40%. 84
85 Schedule of Optional Subjects; Human Rights LL.M Programmes Code Subject ECTS LW416 Contemporary Issues in Human Rights I 15 LW451 Introduction to International Human Rights 15 LW520 Introduction to International Criminal Law 15 LW432 Business and Human Rights I 15 LW433 Counter Terrorism and Human Rights 15 LW456 Gender and Human Rights 15 LW458 International Humanitarian Law and Human Rights 15 LW466 European Convention on Human Rights 15 LW467 Minority Rights and Self Determination 15 LW469 International Peace Support Operation 15 LW470 Conflict and Post Conflict Studies 15 LW475 Field Experience Assignment * 15 LW479 Criminal Justice Process** 15 LW477 Conflict Regulation *** 15 LW478 Equity & the Law *** 15 LW481 Economic, Social and Cultural Rights 15 LW482 African and Inter-American Regional Systems of 15 Protecting Human Rights LW494 Refugee Protection: Refugees and Asylum Seekers 15 (A) LW495 Rights of the Child (A) 15 LW523 Contemporary Themes in International Criminal 15 Law I LW531 Introduction to Public International Law I 15 LW539 Human Rights in the Domestic Sphere I 15 LW457 International Criminal Law and the Protection of 15 Human Rights LW532 Introduction to Public International Law II 10 LW522 Business and Human Rights 10 LW525 Counter-Terrorism and Human Rights 5 LW546 Contemporary Issues in Human Rights III 5 LW417 Contemporary Issues in Human Rights II 10 LW431 The European Convention on Human Rights II 5 LW453 Regional Systems: The Council of Europe 5 LW455 Minority Rights 5 LW459 International Labour Standards 10 LW460 Refugee Protection: Refugees and Asylum Seekers 5 LW461 Disability and International Law 5 LW462 Self-Determination and Autonomy Regimes 5 85
86 LW463 Human Rights and States of Emergency 10 LW464 Rights of the Child 10 LW465 Conflict Studies 5 LW471 International Humanitarian Law 10 LW472 International Organisations 10 LW473 International Relations 10 LW474 European Union and Human Rights 5 LW480 Abolition of the Death Penalty 5 LW524 Contemporary Themes in International Criminal 5 Law II LW527 History of International Criminal Law 5 LW528 Institutions of International Criminal Law 5 LW529 Major Trials in International Criminal Law 5 LW526 Genocide 5 LW530 Procedure before International Criminal Courts 5 LW537 Human Rights and Development 10 LW538 Transitional Justice 10 LW540 Human Rights in the Domestic Sphere II 10 FA550 How to Argue with an Economist LW521 Alternatives to International Criminal Prosecution 5 LW533 The Right to Food 5 LW534 Human Rights Education 10 LW535 Cultural Rights 10 LW547 Human Rights Field Work: Law and Practice 5 LW548 Human Rights, Sexual Orientation, Gender Identity 5 * Only available in the LLM in Peace Operations, Humanitarian Law & Conflict ** Only available in the LLM in Human Rights Law (Cross Border) *** Only available in the LLM in Human Rights & Criminal Justice (Cross Border) 86
87 SYLLABI of COURSES in LL.M. PROGRAMMES LW451 Introduction to International Human Rights Law (15 ECTS): An overview of the theory and origins of human rights will be followed by a summary examination of the United Nations and regional systems for the protection of human rights. The course will also address the use of criminal prosecution to protect human rights. LW458 International Humanitarian Law and Human Rights (15 ECTS): During armed conflict, international humanitarian law becomes the principle legal protection of the human rights of both combatants and non-combatants. The course will examine the instruments and systems of international humanitarian law from a human rights perspective. LW469 International Peace Support Operations (15 ECTS): The course reviews the role of the UN and regional organisations in peace support operations. The course examines, through case studies, the political, legal and practical issues, including civil military relations, of recent and current peace operations. Often heralded as a sign of a strengthened UN, peace support operations have not always functioned in practice according of the carefully negotiated agreements that established them. The experience of contemporary and past missions deserves analysis to understand whether and to what extent the UN has adapted to new realities of international relations and has contributed to international peace and security, through these missions where it has been deployed. LW466 European Convention on Human Rights (15 ECTS): This course reviews the human rights regime of the Council of Europe, namely the European Convention for the Protection of Human Rights and Fundamental Freedoms It highlights the development of the regime and focuses on case law emanating from the European Court of Human Rights. LW482 The African and Inter-American Regional Systems of Protecting Human Rights (15 ECTS): Two of the major regional systems outside of Europe are reviewed in respect of their contents, procedures and mechanisms. A critical assessment of their development and efficacy is made through the decided cases. LW481 Economic, Social and Cultural Rights (15 ECTS): This course examines the International Covenant on Economic, Social and Cultural Rights with a view to establishing the substantive content of selected 87
88 rights. The course will address the protection of the rights in domestic and international jurisdictions with backdrop of emerging trends in the law. LW475 Field Experience Assignment (15 ECTS): The Peace Operations programme recognises the experience of candidates who have participated in peacekeeping activities in various parts of the world. Thus the programme provides credit for a full semester course (15 credits) in exchange for submission of a written assignment of appropriate length, reviewing field experience and lessons learned. LW416 Contemporary Issues in Human Rights I (15 ECTS): The aim of this course is to engage students in the very latest issues and themes of debate in the area of human rights. The course will provide a forum for the discussion of current issues in human rights from the point of view of law, philosophy and political science, and from both theoretical and practical perspectives. The emphasis will be on student participation and students will be encouraged to engage in the debates that have emerged around recent and breaking human rights issues. Topics may include: ways of addressing the human rights violations prior to the transition, the role of a constitution, terrorism and human rights, the activities of truth commissions (as in South Africa), challenges to HRL and IHL and relevant developments in international criminal law. LW417 Contemporary Issues in Human Rights II (10 ECTS): As above but to be offered on an 8 week basis. LW546 Contemporary Issues in Human Rights III (5 ECTS): As above but to be offered on a 4 week basis. LW460 Refugee Protection: Refugees & Asylum Seekers (5 ECTS): Legal issues relating to refugees, internally displaced persons and other asylum seekers will be considered from the standpoint of reforming international instruments and institutions. Attention will also be given to domestic legal matters. LW494 Refugee Protection: Refugees & Asylum Seekers (A) (15 ECTS): Legal issues relating to refugees, internally displaced persons and other asylum seekers will be considered from the standpoint of reforming international instruments and institutions. Attention will also be given to domestic legal matters. We will consider relevant activities of the Council of Europe, refugeerelated jurisprudence of the ECHR and emerging trends on asylum and refugees in the context of the European Union including the extent to which both legal orders relate to the asylum system in Ireland. As Refugee and asylum have long featured on the EU agenda, this seminar considers key issues relating to the 88
89 trends, possibilities and requirements of an emerging EU policy on refugees and asylum. LW456 Gender and Human Rights (15 ECTS): The course aims at providing students with the knowledge of the relationship between gender and human rights. It explores origins, development and challenges of integrating gender into human rights law discourse and practice. Focusing on international protection of women s human rights as an example, the course introduces students to relevant international bodies and instruments. It also introduces students to the critical analysis of law through the study of feminist legal methods within the context of women s rights protection. LW525 Counter-Terrorism and Human Rights (5 ECTS): The course examines the challenges to human rights protection in the context of counter-terrorism. The primary aims of the course are to critically evaluate the debate concerning the 'war on terror' in the context of international law, and to recognise the multiplicity of ways in which counter-terrorism is affecting human rights protection. The course examines the use of the term 'terrorism' and the approaches to it in international law, and questions raised by the term 'war on terror' and the differences between viewing counter-terrorism as lawenforcement or armed conflict. The course will examine effects of counterterrorism in relation to human rights, including: targeted killings, the torture debate, security detention, the impact of counter-terrorism on freedom of expression, and more LW464 Rights of the Child (10 ECTS): The dimensions of the Convention on the Rights of the Child will be reviewed in the light of the drafting history and on-going work of the Committee on the Rights of the Child. Proposed new instruments dealing with sexual exploitation of children and child soldiers will also be considered. LW495 Rights of the Child (A) (15 ECTS): The dimensions of the Convention on the Rights of the Child will be reviewed in the light of the drafting history and on-going work of the Committee on the Rights of the Child. Proposed new instruments dealing with sexual exploitation of children and child soldiers will also be considered. Course will also address children s rights as they relate to juvenile justice and, within the family, best interest principle and the principle of the evolving capacities of the child. LW461 Disability and International Law (5 ECTS): International human rights law is only now beginning to address the rights of the disabled. The course studies initiatives within the United Nations and within the regional human rights systems. 89
90 LW467 Minority Rights & Self-determination (15 ECTS): This course studies the difficulty of establishing an international regime for the protection of minority rights. Focussing on regional issues concerning minority rights it seeks to provide a thorough evaluation for the scope of such a regime and to this extent also examines the right of self-determination, as claimed by some minority groups. LW480 Abolition of the Death Penalty (5 ECTS): This seminar studies the development of the prohibition of the death penalty in international human rights law. It examines the origins of abolitionism in national legal systems, and considers the issues central to the debate in countries that still retain the death penalty, including public opinion, religious dictates, and theories about crime prevention. Case law of the European Court of Human Rights, the Human Rights Committee, the Inter-American Court of Human Rights and national constitutional courts is considered, as well as the soft law norms developed within such bodies as the Council of Europe, the European Union, the Organisation for Security and Cooperation in Europe, the Organisation of American States and the African Union. LW470 Conflict & Post-Conflict Studies (15 ECTS): This course seeks to provide students with a comprehensive understanding of the dynamics of intra-state conflict including the legal, political, and structural underpinnings that sustain such conflict. It seeks to achieve this holistic view of the pre-conflict-conflict and post-conflict transitions through the lens of two specific conflicts and the manner in which their resolution can point to effective models. LW471 International Humanitarian Law (10 ECTS): During armed conflict, international humanitarian law becomes the principle legal protection of the human rights of both combatants and non-combatants. The course will examine the instruments and systems of international humanitarian law from a human rights perspective. LW472 International Organisations (10 ECTS): This course will explore the ways in which intergovernmental organisations are used to foster co-operation among states, or to further programmes of regional integration. Emphasis will be placed on the historical development of international organisations, and on their structures, with particular attention being paid to the UN Organisation. Other organisations examined will include the European Union, the Organisation for Peace and Security in Europe, the North Atlantic Treaty Organisation and the Organisation for African Unity. 90
91 LW473 International Relations (10 ECTS): The IR course will seek to provide the theoretical elements to the structure of international society in general. In addition, it will examine the foundation of the arguments pertaining to peacekeeping in international relations. LW474 European Union & Human Rights (5 ECTS): Respect for fundamental rights is one of the basic principles on which the European Union (EU) is based. The objective of this postgraduate course is to first examine the evolution and development of the EU s system of fundamental rights protection, from the early case law of the Court of Justice to the most recent Treaty and legislative changes, and in particular the content and scope of the EU Charter of Fundamental Rights. The interplay between the EU and the Council of Europe systems of fundamental rights protection will also be scrutinised. The second part of this course focuses on relevant EU Policies. The internal challenges faced by the EU are outlined and particular consideration is given to the EU Fundamental Rights Agency. Finally, EU action regarding the external promotion and protection of fundamental rights will be covered. LW453 Regional Systems: The Council of Europe (5 ECTS): This course examines the role of the Council of Europe in promoting and protecting human rights while it consolidates democratic stability among its member states and as it tackles contemporary challenges to the region. LW455 Minority Rights (5 ECTS): The aim of this course is to provide the student with an overview of the legal, political, sociological and philosophical issues relevant to the discourse of minority rights. LW459 International Labour Standards (10 ECTS): The aim of this course is to examine the application of the norms and standards of the International Labour Organisation in the member states with a view to the implementation of the right to work. To achieve this, the recommendations, representation, complaints procedures and special procedures within the system are reviewed. LW462 Self-Determination and Autonomy Regimes (5 ECTS): This course examines recent ethnic tensions and self-determination challenges in Central and Eastern Europe, Northern Ireland and Cyprus from prevention and management perspectives. It also looks at conditions under which autonomy regimes are likely to succeed or fail through comparisons of similar tensions in other parts of the world. 91
92 LW463 Human Rights and States of Emergency (10 ECTS): This course examines the challenges to human rights protection in the context of counter-terrorism. LW464 Conflict Studies (5 ECTS): The aim of this course is to provide students with a comprehensive understanding of the dynamics of intra-state conflict. To provide an understanding of the legal, political, and structural underpinnings that sustain conflict and to focus on two particular conflicts, unpacking the complexities imminent in them, and seeking to provide direction as to the relevant outstanding post-conflict issues: LW520 Introduction to International Criminal Law (15 ECTS) The course will consist of an overview of international criminal law in its historical, institutional and procedural aspects. LW527 History of International Criminal Law (5 ECTS): Beginning with the Treaty of Versailles, in 1919, the course will review the history of international criminal law, discussing the post-world War II proceedings, the debates within the International Law Commission and the establishment of the new institutions in the 1990s. The course will provide students with an overview of the progressive development of international law in the field. LW528 Institutions of International Criminal Law (5 ECTS): Several international institutions currently exist in the field of international criminal law, each with its own specificities. The following will be examined in detail: International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, Special Court for Sierra Leone, the International Criminal Court and the Special Tribunal for Lebanon. LW523 Contemporary Themes in International Criminal Law I (15 ECTS): When this course is offered, the themes to be discussed will be identified when students make their choice of optional courses. LW524 Contemporary Themes in International Criminal Law II (5 ECTS): As above but to be offered on a half-term/6 week basis. LW529 Major Trials in International Criminal Law (5 ECTS): Important trials in International Criminal Law will be examined in detail, using as source material the judgments and other official materials, coupled with secondary descriptions of the proceedings. The trials discussed may include: 92
93 Llandovery Castle, Nuremberg, Justice Trial, Yamashita, Eichmann, Calley, Barbie, Finta, Tadic, Akayesu, Krstic, Milosevic, Taylor. LW526 Genocide (5 ECTS): The course will provide an in-depth study of the crime of crimes and examine the drafting of the Genocide Convention, and interpretation of the relevant provisions in the case law of the Yugoslavia and Rwanda Tribunals, the Darfur Commission and the International Court of Justice. LW530 Procedure before International Criminal Courts (5 ECTS): Complex procedural issues, including the tensions between the adversarial common-law derived model and the inquisitorial civil-law derived model, will be examined. Students will familiarize themselves with the Rules of Procedure and Evidence of the various tribunals, and the interpretation of the relevant provisions in the case law. LW538 Transitional Justice (10 ECTS): This course seeks to provide an overview of the concepts and dilemmas of transitional justice and the various mechanisms which exist alongside international criminal prosecution. The objectives of the course are: to understand and assimilate socio-legal arguments with respect to transitional justice; to identify and critically evaluate the various transitional justice mechanisms in light of the stated objectives of justice, truth and reconciliation; to understand the role of various transitional justice mechanisms in complementing international criminal justice LW537 Human Rights and Development (10 ECTS): This course provides an overview and illustration of the connections between human rights and development. It begins with an introduction to the historical, political and social context that gave rise to the modern projects of human rights and development. It examines the impact of the Cold War on the evolution of human rights and development in concept and practice. The rise of the Third World is explored, with particular attention to key moments such as decolonization, the Bandung Conference, demands for a New International Economic Order and the evolution of the Right to Development. The problematic division of economic/social versus civil/political rights is considered in detail, with reference to key development issues such as economic growth, poverty, inequality, gender and environmental destruction. LW539 Human Rights in the Domestic Sphere I (15 ECTS): The course seeks to provide post-graduate students with an understanding of the impact and relevance of international human rights law at the domestic level. Students will consider the domestic incorporation of international and regional 93
94 treaties through legislation, constitutions and bill of rights and the role of the judiciary and domestic human rights bodies in enforcing human rights standards. Drawing on the experience in Ireland and relevant case studies, the course will provide a comparative approach to exploring the challenges for the domestic protection of human rights. Selected thematic case studies will include equality, non-discrimination and minority rights (e.g. Irish Travellers) and human rights in the criminal justice system. LW540 Human Rights in the Domestic Sphere II (10 ECTS): The course will engage post-graduate students with the issues, challenges and mechanisms for the realisation of human rights at the domestic level. Students will consider sources of protection such as domestic legislation incorporating State s international and regional human rights treaty obligations, constitutions and bills of rights. They will also analyse the role of the judiciary, civil society and domestic human rights bodies in enforcing human rights standards. The course will draw on the experience in Ireland and other relevant jurisdictions to provide a comparative approach to the challenges of human rights in the domestic sphere. LW431 The European Convention on Human Rights II (5 ECTS): This course will critically engage the underpinnings of the Convention and the Strasbourg case law. The course will explore the influence of the Convention as well as the extent to which politics informs the law and law, the politics. LW432 Business and Human Rights I (15 ECTS): The course considers the impact of business on human rights and explores the extent to which international human rights law includes obligations for business entities, including multinational corporations. Students will consider various domestic and international legal initiatives aimed at corporate responsibility and the range of mechanisms that have been used to hold business entities to account. LW433 Counter Terrorism and Human Rights I (15 ECTS): The course provides an in-depth examination of the challenges to human rights protection in the context of counter-terrorism. These include issues such as security detention, the 'war on terror', targeted killings, the impact on freedom of expression and minority rights, and challenges to the regulation of international use of force. FA550 How to Argue with an Economist (7.5 ECTS): Economic arguments have become central to the debate over an increasing number of issues in today's world. More particularly, the economics profession has contributed to the discussion of the expansion of economic and social 94
95 rights. This course is designed to accomplish several objectives. The first is to convey a basic economic literacy. This will consist of a discussion of the basic economic issues, the theoretical position of the standard economic analysis and the heterodox alternatives to this standard analysis. The second objective is to cover alternative economic perspectives on a number of issues including distribution, progress and growth, race and gender, employment, trade, development and the environment. The third objective is to develop a rights based response to economic perspectives on a range of issues. LW521 Alternatives to International Criminal Prosecution (5 ECTS): The course will focus on the debate about alternatives to international criminal prosecution, such as truth commissions. It will examine the issue of the legality of amnesty and similar concepts. The activities of various truth commissions, including those for South Africa, Sierra Leone, Peru and Chile will be studied, as well as proposals for a truth commission to deal with the conflict in Northern Ireland, will be contemplated. LW457 International Criminal Law and the Protection of Human Rights (15 ECTS) The course will consist of an overview of international criminal law in its historical, institutional and procedural aspects. LW533 Right to Food (5 ECTS): The course seeks to provide post-graduate students with an overview of the right to food as a human right, its position in the international, regional and national law, on-going efforts in implementation at the national level and the ultimate challenge of justifiability. The course will highlight the value added by a rights based approach to food security. LW534 Human Rights Education (10 ECTS): This course will introduce human rights education, examine the legal basis for human rights education, and explore the programmes in place to build understanding and knowledge about human rights nationally and internationally. LW535 Cultural Rights (10 ECTS): The course seeks to provide post-graduate students with the overview of the substantive rights and procedures in systems of international, regional and domestic human rights law that protect social, economic and cultural rights. LW547 Human Rights Field Work: Law and Practice (5 ECTS): Human rights field work is a professional exercise engaging law, ethics and more or less settled methodologies. This module will explore this developing area, with focus on such operational contexts as human rights monitoring, 95
96 analysis, reporting, advocacy, intervention and capacity building. An examination of the relationship of law, theory and practice will underpin all module content. The module will assist students to relate the academic study of human rights with field work. LW548 Human Rights, Sexual Orientation, Gender Identity (5 ECTS): Students examine the experience of human rights violation perpetrated against members of sexual minorities and locate the human rights legal protection framework. Following an examination of such intellectual categorisations as "sexual orientation" and "gender identity", attention will be paid to the application of the international human rights treaties, the role played by the "Yogyakarta Principles and the operation of the international (especially of the United Nations) supervisory mechanisms LW450 Dissertation (30 ECTS): This module represents the concerted piece of work that is submitted by a candidate at the end of the programme. It will consist of a detailed analysis of a specific issue determined by the candidate in conjunction with his/her supervisor. 96
97 The School of Law Scholarships and Prizes LEXIS NEXIS BUTTERWORTHS (IRELAND) LAW PRIZE The value of the Prize is 150 worth of legal texts, published by Butterworths. The Prize is awarded annually at the B.A. Honours, Degree Examination to the candidate who passes the examination on the first attempt and who achieves the highest aggregate of marks in all the components of the subject Legal Studies in the Second and Final Arts Years, provided that the candidate reaches a Second Class Honours, Grade 1, standard in the subject Legal Studies in the examination. THE THOMSON REUTERS ROUND HALL PRIZE The Prize consists of Round Hall books currently to the value of 200. The Prize is awarded annually to the student who achieves first place at the First Arts Examination in Legal Studies provided the student passes clearly the First Arts Examination in its entirety. THE OXFORD UNIVERSITY PRESS LAW PRIZE The value of the prize is 150 sterling worth of Oxford University Press Books. The prize is awarded annually to the student who achieves first place at the first year Bachelor of Civil Law Examination, provided the candidate passes on the first attempt and achieves at least a Second Class Honours, Grade 1 standard. THE VAL O CONNOR MEMORIAL PRIZE IN EQUITY This Prize was originally made possible by a generous donation from the family of the late Mr. T.V. O Connor to the University in The Prize is awarded annually to the candidate who achieves the highest mark in the subject Equity from among the total number of candidates presenting in Equity at the Summer Examination session in any one of the following examinations: Second and Final B.C.L., Second and Final LL.B. full-time mode, provided the candidate passes overall in the examination in question, and that the School of Law is satisfied that a satisfactory standard has been reached. The prize is valued at 200. GOLD MEDAL CDLP EXCELLENCE AWARD THE MICHAEL MAC NAMARA SCHOLARSHIP SPONSORED BY RDJ GLYNN SOLICITORS 97
98 The School of Law Excellence Scholars Ceremony: Thursday, 17 October 2013 First Civil Law McDonogh, Saoirse Catherine Dominican College, Taylor s Hill, Galway Lá na ngradam Ceremony: Saturday, 8 th February 2014 Undergraduate Prizes/Scholarships (other than entrance/university scholarships). Duaiseanna/Scoláireachtaí Fochéime (seachas scoláireachtaí iontrála/ollscoile) The Val O Connor Memorial Prize in Equity Honours Bachelor of Civil Law (4CW2) Donohue Ciaran Postgraduate Prizes/Scholarships Suaiseanna/Scoláireachtaí Iarchéime Centre for Disability, Law and Policy (CDLP) Scholarship Master of Laws (International and Comparative Disability Law) (1ML17) Li Jing 98
99 The School of Law Scoil and Dlí University Scholars/Scoláirí Ollschoile Honours Bachelor of Civil Law Year 1 (1CW1) Conboy Andrea Crampton Katrina Fitzpatrick Kieran Flynn Mataka Gallen Shane Harris Yvonne Year 2 (2CW1) Fahy Aaron Hyland Keith Kelly Cathal Lalikova Laura McGrath Niamh Heavey Mary Linden Katie Lindsay Brian Malone Eanna Sheehan Ciara Munnelly Patrick Ryan Mark Scanlan Thomas Varley Hannah Honours Bachelor of Corporate Law Year 1 (1CL1) Hokszova Jana Waloszek Sara Honours Bachelor of Corporate Law Year 2 (2CL1) Bruen Michael Creaven Emma French Clare Rutkowska Paulina Sweeney James Lexis Nexis Butterworths (Irl) Law Prize Honours Bachelor of Arts (3BA1) Burke Ammi The Thomson Reuters Round Hall Prize First Arts (1BCW1) Rooney Rebecca 99
100 The Oxford University Press Law Prize First Civil Law (1CW1) Heavey Mary Postgraduate Prizes/Scholarships Duaiseanna/Scoláireachtaí Iarchéime Gold Medal CDLP Excellence Award Master of Laws (International and Comparative Disability Law) (1ML17) Bernhard Thomas Vasquez Encalada Alberto NUI EJ Phelan Fellowship in International Law (UCD and NUIG) Adanan, Amina, BA, LLB 100
FA120 Skills to Succeed 5 ECTS Semester 1 LW190 Business Law I 5 ECTS Semester 2
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