THE SCHOOL OF LAW CALENDAR
FÉILIRE SCOIL AN DLÍ
CALENDAR 2015-16
FÉILIRE 2015-16
The 2015-16 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 2015-16.
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
091 – 524411 (national)
00-353-91-524411 (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) 492311.
Telefax No.:
Internet Address:
091 – 525700 (national)
00 – 353 – 91 – 525700 (international)
http://www.nuigalway.ie/oegaillimh.ie
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 2015
∗
University Calendars are available online on the NUI Galway website:
http://www.nuigalway.ie/
2
Contents
Page
The School of Law Staff
Introduction to the School of Law
5
7
Undergraduate Programmes
Bachelor of Corporate Law (B. Corp. Law)
Bachelor of Civil Law (B.C.L.)
Bachelor of Arts (Legal Studies)
Postgraduate Programmes
Bachelor of Laws (LL.B.)
Master of Laws (LL.M.)
Master of Laws in Public Law
Master of Laws in International and Comparative
Disability Law and Policy
Master of Laws in International Human Rights (LL.M.)
Master of Laws in Peace Operations, Humanitarian Law
and Conflict (LL.M)
Master of Laws in International Criminal Law
Law School Scholarships and Prizes
3
14
24
9
32
59
61
70
76
79
82
97
THE SCHOOL OF LAW
FLOOR 2, TOWER 2
The Law School Direct:
Tel:
091 492389/492752
Fax:
091 494506
Email: law.school@nuigalway.ie
(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 donncha.oconnell@nuigalway.ie
Head of School
Ms. Patricia Conroy
5614
patricia.conroy@nuigalway.ie
Ms. Carmel Flynn
3082
carmel.flynn@nuigalway.ie
Ms. Tara Elwood
2752
tara.elwood@nuigalway.ie
Mr. Michael Coyne
4067
michael.coyne@nuigalway.ie
ACADEMIC STAFF
Buckley, Dr. Lucy-Ann
Callanan, Ms. Deirdre
Connolly, Ms. Ursula
Daly, Dr. Eoin
Danaher, Dr. John
Donnelly, Mr. Larry
Gardiner, Ms. Caterina
Griffin, Dr. Diarmuid
Hanly, Dr. Conor
Healy, Dr. Connie
Hinds, Ms. Anna-Louise
Kennedy, Dr. Rónán
Kenna, Dr. Padraic
Long, Prof. Ronán
Murphy, Ms. Nicola
O’Malley, Mr. Tom
O’Mahony, Dr. Charles
O’Sullivan, Ms. Maureen
Quinlivan, Ms. Shivaun
Quinn, Professor Gerard
Smyth, Dr. Ciara
Tobin, Dr. Brian
Tourkochoriti, Dr. Ioanna
3661
3843
3250
3362
5783
5372
3355
5614
3390
3341
3870
5626
3230
3875
3001
2687
4391
5627
3842
3014
2937
4356
5628
4
lucy-ann.buckley@nuigalway.ie
deirdre.callanan@nuigalway.ie
ursula.connolly@nuigalway.ie
eoin.daly@nuigalway.ie
john.danaher@nuigalway.ie
larry.donnelly@nuigalway.ie
caterina.gardiner@nuigalway.ie
diarmuid.griffin@nuigalway.ie
conor.hanly@nuigalway.ie
connie.healy@nuigalway.ie
anna.hinds@nuigalway.ie
ronan.m.kennedy@nuigalway.ie
padraic.kenna@nuigalway.ie
ronan.long@nuigalway.ie
nicola.murphy@nuigalway.ie
tom.omalley@nuigalway.ie
charles.omahony@nuigalway.ie
maureen.osullivan@nuigalway.ie
shivaun.quinlivan@nuigalway.ie
gerard.quinn@nuigalway.ie
ciara.m.smyth@nuigalway.ie
brian.tobin@nuigalway.ie
Ioanna.tourkochoriti@nuigalway.ie>
Part-Time Assistants
McKeown, Mr. Eugene
IRISH CENTRE FOR HUMAN RIGHTS
Direct:
Tel:
091-493948
Fax:
091-494575
E-mail: humanrights@nuigalway.ie
Administrative Assistant
Cavanaugh, Dr. Kathleen
Darcy, Dr. Shane
Duffy, Dr. Aoife
Ferrara, Dr. Anita
Murphy, Prof. Ray
Yahyaoui, Dr. Ekaterina
3948/3609
3799
3947
2819
2097
3081
2065
humanrights@nuigalway.ie
kathleen.cavanaugh@nuigalway.ie
shane.darcy@nuigalway.ie
aduffy@nuigalway.ie
Anita.ferrara@nuigalway.ie
ray.murphy@nuigalway.ie
ekaterina.yahyaoui@nuigalway.ie
CENTRE FOR DISABILITY LAW AND POLICY
Direct:
Tel:
+ 353 (0)91 495888
Fax:
+ 353 (0)91 495569
SMS/Text Phone: +353 (0)87 6660634
E-mail: info.cdlp@nuigalway.ie
Website: www.nuigalway.ie/cdlp
Quinn, Prof. Gerard
Director
Brosnan, Dr. Liz
De Bhailís, Ms. Clíona
Faherty, Ms. Mary
Flynn, Dr. Eilionóir
Forde, Ms. Joanna
Keogh, Ms. Sinead
Kline, Ms. Jennifer
Terrins, Mr. JB
3014 gerard.quinn@nuigalway.ie
4467 liz.brosnan@nuigalway.ie
4274 cliona.debhailis@nuigalway.ie
5888 mary.faherty@nuigalway.ie
4010 eilionóir.flynn@nuigalway.ie
4011 joanna.forde@nuigalway.ie
4009 sinead.keogh@nuigalway.ie
4013 jennifer.kline@nuigalway.ie
2085 j.b.terrins@nuigalway.ie
5
ADJUNCT PROFESSORS
The Law School
Mrs. Justice Catherine McGuinness
Judge Kevin V. Ryan
Irish Centre for Human Rights
Professor Michael D. Higgins
Professor Noam Lubell
Professor Joshua Castellino
Professor William Anthony Nott
Dr. Iognaid O’Muircheartaigh
Professor Anita Ramasastry
Centre for Disability Law & Policy
Professor Paul M.A. Baker
Professor Jerome Birkenbach
Professor Peter Blanck
Professor Patricia Noonan-Walsh
Dr. Soumitra Pathare
Ms Catalina Devandas
Mr Martin Naughton
Gráinne McMorrow SC
ADJUNCT LECTURERS
Irish Centre for Human Rights
Peter Fitzmaurice
John Reynolds
Aoife Daly
Noelle Higgins
Dr. Nadia Bernaz
Dr. Elvira Dominguez Redondo
Centre for Disability Law & Policy
Mr. Dennis Driscoll
6
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 international links with universities in Canada,
Australia and China 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
Criminal Law are offered by the School (see below). There are also developing
7
research groupings such as the Corporate and Business Law Unit, which aims to
promote research in the area of Corporate and Business law.
University Marks and Standards can be found on the following link:
http://www.nuigalway.ie/academicrecords/new_website/marks_standards/creating_marks_and_standards.html
which govern the awarding of degrees and other associated regulations e.g. the
capping of marks at repeat exams,
Summary of Law School Programmes
UNDERGRADUATE PROGRAMMES
Law may be studied at undergraduate level in NUI, Galway in the following
programmes:
1.
2.
3.
4.
5.
Bachelor of Corporate Law (B.Corp. Law) in the School of Law.
Bachelor of Civil Law (B.C.L.) in the School of Law.
Bachelor of Arts (B.A.) in Legal Studies in the College of Arts.
Bachelor of Commerce (B. Comm.) in the School of Business and
Economics.
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 business. There is also the option to take a
modern language (at present Legal French, Legal German, Spanish or Italian) in
each year of the course. Students who do not opt for the language component
take additional business 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 provides entry
to the legal professions.
8
The programme provides the academic foundation for a career orientated in
business and commercial law and provides 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.
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 modules 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 modules will be covered as well as a
number of complementary optional modules.
3.
Bachelor of Arts (Legal Studies)
The B.A. degree at NUI, Galway is of three years duration. Students must take
three 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, Tort 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.
9
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 subjects such as European Human Rights, 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.
Those students wishing to prepare for entry to the legal profession need to
complete the LL.B. programme in order to study all 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 subjects 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 subjects 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
POSTGRADUATE PROGRAMMES
1.
Bachelor of Laws (LL.B.) Degree
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 prerequisite for admission to the LL.B. programme is an approved
university second class honours degree. In certain circumstances an approved
professional qualification or experience may be accepted in lieu of a degree.
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
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
11
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 subjects 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
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. 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
BACHELOR OF CORPORATE LAW
(B. CORP. LAW)
This three-year degree programme allows students the option of combining legal
study with business and a language. Students will take law and key business
subjects in each year and, if they wish, they may take a language to degree level.
They have the choice of studying Legal French, Legal German, Italian or
Spanish in each year of the course. The aim of the programme is to prepare
students for entry to the legal professions and pursue careers as corporate
lawyers in business and industry, in management and administration.
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.
14
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.
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 business module in the First Year and Second Year. They must
take either an additional business module or an additional Law module 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 modules as listed, each
module may not be available every year. Modules are offered subject to
availability of staff and sufficient demand.
15
REGULATIONS FOR FIRST CORPORATE LAW
1. Modules for the First Year are as follows:
LW117
LW118
LW262
LW131
LW107.ii
AY104
AY105
MS120
MS121
GR106
GR138
LW109
SH140/SH102
IT105
Constitutional Law
Contract
Law of Tort
Irish Legal Systems (First Semester)
Legal Methods & Research
(Second Semester)
Introduction to Financial Accounting
(First Semester)
Introduction to Management
Accounting (Second Semester)
Business Information Systems (First
Semester)
and
Business Information Management
(Second Semester)
or
Legal German
or
Beginners German
or
Legal French
or
Spanish
or
Italian
ECTS
10
10
10
5
5
5
5
5
5
10
10
10
10
10
Total 60
1.
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.
16
4.
Repeat examinations will be held at the Autumn examination session.
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 modules 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 modules 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 modules of the first and second semesters of the
Second or Final Year will be held in the Autumn Examination Session.
17
4.
A student will normally be examined at the end of each semester in the
modules completed in that semester. Some modules 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.
5.
Essay Requirements are outlined in the School of Law Essay Requirements
2015-16 and can be found http://www.nuigalway.ie/business-public-policylaw/school-of-law/students/generalinformation/
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 student 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
Second Year Modules
Code
LW215
LW229
LW427
Semester 1
Commercial Law
Company Law I
European Union Law I
ECTS
5
5
5
EC139
Principles of Microeconomics
or
An Mhicreacnamaíocht
Management
Foreign Language
or
Marketing Principles
5
Semester 2
Essay
Company Law II
European Union Law II
Principles of Macroeconomics
or
An Mhaicreacnamaíocht
ECTS
5
5
5
5
Management of Organisational change
Foreign Language
or
Business Finance I
5
10*
EC165
MG524
MK204
Code
LW237
LW231
LW428
EC141
EC166
MG206
AY208
*Modules marked with an asterisk are examined in Summer
19
5
5
10*
5
5
5
Final Year Modules
Obligatory (Law):
Code
Subject
LW212
LW379
LW216
Semester
Labour Law I
Legal and Business
Ethics
Labour Law II
Obligatory (Commerce):
Code
Subject
MG325
MG333
ECTS
Language
Students
nonlanguage
students
1
1
5
5
5
5
2
5
5
Semester
Employment
Relations
Cross Cultural
Management
Obligatory (Language):
Code
Subject
ECTS
Language
Students
nonlanguage
students
2
5
5
2
5
5
Semester
ECTS
Language
Students
Foreign Language*
Year
10
nonlanguage
students
-
Options:
*The examination in the language modules may be held at the end of
Semester 2 only.
20
10. Optional modules in the Final Year are to be selected from the lists below.
The lists are subject to change and modules may be on offer in either or both
semesters and may not always be available in a particular year.
LIST A (Law Options)
Code
Module
LW371
Alternative Dispute Resolution
LW3104
Applied Legal Theory
LW374
Banking Law
LW326
Comparative Law
LW3103
Consumer Law and Policy
LW333
Comparative Competition Law
LW426
EU Competition Law
LW357
Environmental Law I
LW358
Environmental Law II
LW419
Health & Safety Law
LW356
Industrial and Intellectual Property Law
LW383
Information Technology Law
LW372
Insurance Law
LW382
International Business Law
LW364
International Trade Law
LW437
Moot Court
ECTS
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
LIST B (Business Options)
Code
First Semester Modules
MK204 Marketing Principles
EC209
Managerial Economics
AY207
Management Accounting I
ECTS
5
5
5
AY208
EC213
MK203
MK303
Second Semester Modules
Business Finance I (AY207 prerequisite)
Macroeconomics
Buyer Behaviour Analysis (MK204 prerequisite)
Global Marketing (MK204 prerequisite)
21
5
5
5
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
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
22
(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 Modules
•
Module descriptions for Commerce courses are contained in the B.Comm.
section of the The J.E. Cairnes School of Business and Economics
Calendar..
•
Module descriptions for Law courses are contained in the Syllabus section
following the LL.B. Regulations below.
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. Modules 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.
24
REGULATIONS FOR FIRST B.C.L.
1.
Modules for the First Year are as follows:
Code
LW117
LW118
LW262
LW108
LW220
LW3107
LW122
Subject
Constitutional Law
Contract
Law of Tort
Irish Legal System
Sociology of Law
Legal Methods and Research I
Legal Procedure
GR106
Legal German
or
Beginners German
or
Legal French
or
Italian
or
Family Law
GR138
LW109
IT105
LW127
Semester
Year
Year
Year
1
1
2
2
ECTS
10
10
10
5
5
5
5
Year
10
Year
10
Year
10
Year
10
Year
10
Total 60
2.
Legal Methods and Research I is examined by means of regular assignments
and an essay. Irish Legal System and Sociology of Law 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
25
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%.
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 modules 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 modules 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
modules completed in that semester. Some modules 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
26
(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.
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 student 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
LW229
LW301
LW427
LW220
Subject
Administrative Law 1
Company Law I
Criminal Law I
European Union Law I
Sociology of Law
ECTS
5
5
5
5
5
Semester II
LW422
LW231
LW304
LW428
LW264
Subject
Administrative Law 11
Company Law II
Criminal Law II
European Union Law II
Essay
ECTS
5
5
5
5
5
27
Furthermore, students must select additional module(s) up to 10 ECTS
from the list of optional modules set out hereunder. Independent Research and
Clinical Placement are not available in Second Year.
Final B.C.L. (Obligatory)
Semester 1
LW263
LW225
Subject
Equity I
Land Law I
ECTS
5
5
Semester II
LW265
LW226
LW497
Subject
Equity II
Land Law II
Essay
ECTS
5
5
5
Furthermore, students must select additional subjects up to 35 ECTS from the
list of optional modules set out hereunder.
Optional Modules to be chosen from the following List:
(a) Year-Long modules
Code
Subject
LW127 Family Law (Year 2 only)
LW308 Jurisprudence
LW323 Public International Law
ECTS
10
10
10
(b) Semester modules
Code
Subject
LW371
Alternative Dispute Resolution
LW3104
Applied Legal Theory
LW374
Banking Law
LW420
Clinical Placement
LW333
Comparative Competition Law
LW370
Comparative Disability Law
LW326
Comparative Law
LW3103
Consumer Law and Policy
LW394
Criminal Justice
LW365
Criminology
LW426
EU Competition Law
LW398
English Land Law
ECTS
5
5
5
5
5
5
5
5
5
5
5
5
28
LW393
LW357
LW358
LW385
LW513
LW514
LW405
LW232
LW339
LW356
LW383
LW372
LW382
LW343
LW364
LW212
LW216
LW415
LW354
LW437
GR208
LW213
IT251
GR317
LW380
IT334
Entertainment Law
Environmental Law I
Environmental Law II
European Human Rights
Evidence I
Evidence II
Health Law and Policy
Housing Law and Policy
Independent Research
Industrial and Intellectual Property Law
Information Technology Law
Insurance Law
International Business Law
International Protection of Human Rights
International Trade Law
Labour Law I
Labour Law II
Law of the Sea
Media Law
Moot Court
Legal German (Second Year)
Legal French (Second Year)
Italian (Second Year)
Legal German (Final Year)
Legal French (Final Year)
Italian (Final Year)
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
10
10
10
10
10
10
Note: LW127 Family Law is available in Second Year only, not in Third
Year, as options for those students who have not taken Family Law in
First Year; This module will be available to BCL International in
Fourth Year, if not taken previously.
Modules are offered subject to sufficient demand and availability of staff;
each module is not available every year.
Note: Module descriptions are set out in the Syllabus Section following the
LL.B. Regulations.
29
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.
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. 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
H2.1
H2.2
70% on the aggregate
60% on the aggregate
50% on the aggregate
30
(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
H2.1
H2.2
H3
70% on the aggregate
60% on the aggregate
50% on the aggregate
40% on the aggregate
31
BACHELOR OF LAWS (LL.B)
Entry Requirements
The prerequisite for admission to the LL.B. programme is an approved
university second class honours degree. In certain circumstances an approved
professional qualification or experience 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
Three-Year Mode:
Four-Year Mode:
Year 1
ECTS
60
45
Year 2
ECTS
60
45
Year 3
ECTS
60
45
Year 4
ECTS
45
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.
32
(c) B.Comm graduates who have successfully completed modules and
examinations to a total of 35 ECTS from the modules 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 modless is valued at 5 ECTS.
LW374
LW190
LW290
LW377
LW378
LW333
LW3103
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
Consumer Law and Policy
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.
2.
Year long modules have a credit weighting of 10 ECTS and semester long
modules have a credit weighting of 5 ECTS.
The subjects for First LL.B. are as follows:
Year long
LW117 Constitutional Law (10 ECTS)
LW118 Contract Law (10 ECTS)
LW262 Tort (10 ECTS)
33
Semeter 1
LW301 Criminal Law I (5 ECTS)
LW130 Irish Legal System (5 ECTS)
LW220 Sociology of Law (5 ECTS)
Semester 2
LW304 Criminal Law II (5 ECTS)
LW122 Legal Procedure (5 ECTS)
LW3107 Legal Methods and Research I (5 ECTS)
Three-Year Mode: All subjects to be taken
Four-Year Mode: Exclude LW329 Tort and LW122 Legal Procedure
which will be taken in Year 2.
3.
A student will normally be examined at the end of each semester in the
modules completed in that semester. Some modules 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 fulltime 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 modules 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 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 on a
once-off exeptional basis). Those additional credits will be discarded in
the calculation of the overall percentage for that year.
34
(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 on a
once-off exeptional basis). Those additional credits 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.
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.
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.
10. Compensation: In the case of programmes of more than one year
duration compensation will be applied, provided the following criteria
are met.
The pass standard for a Module is 40%. However, a student with marks of
less than 40% in one or more modules will be deemed to have passed the
stage (year) of the programme provided:
•
•
•
the aggregate mark for all modules is at least 40% and
the mark in every module is 35% or more and
the module(s) with marks in the range 35-39% total:
1
2
not more than 5 ECTS in the case of programmes with an
ECTS weighting of 30 – 55 for the stage (year) i.e. for parttime LLB students.
not more than 10 ECTS in the case of programmes with an
ECTS weighting in the range 60 – 85 for the stage (year) i.e.
for full-time LLB students.
Compensation is only applied when the overall mark is being calculated at
the completion of a stage (year). If, after the end of year Examination Board
(June) for first sitting of examinations results (i.e. Semester 1 and Semester
2 examinations), a student has marks in the range 35-39% in excess of the
permitted compensation provision ECTS for that stage (year) of the
programme, as outlined in bullet points 1-2 above, he/she will be required to
35
re-sit all modules with a mark of less than 40% at the second sitting
examinations (i.e. August repeat examinations).
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.
6.
In exceptional circumstances Students may request to take on a once-off
basis an additional subject(s) of not more than 10 ECTS 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.
36
It is valued at 5 ECTS. The School of Law Essay Regulations can be found
as follows: http://www.nuigalway.ie/business-public-policy-law/school-oflaw/students/generalinformation/
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 ms
completed in that semester. Some modules 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:
3-YEAR LL.B PROGRAMME
1st Years: (1BL1)
Honours are calculated equally across the three years of the programme
(33.3%/33.3%/33.3%). If students take more than 60 ECTS (up to a
maximum of 10 ECTS in exceptional circumstances on a once off basis)
these additional credits will be discarded in the calculation of the overall
percentage for that year.
2nd Years: Those students who have progressed from 1st LL.B into 2nd
LL.B (2BL1)
Honours are calculated equally across the three years of the programme
(33.3%/33.3%/33.3%). If students take more than 60 ECTS (up to a
maximum of 10 ECTS in exceptional circumstances on a once off basis)
these additional credits will be discarded in the calculation of the overall
percentage for that year.
37
2nd Years: Those students who have joined 2nd LL.B (2BL1)
Honours are calculated equally across the final two years of the programme
(50%/50%). If students take more than 60 ECTS (up to a maximum of 10
ECTS in exceptional circumstances on a once off basis) these additional
credits will be discarded in the calculation of the overall percentage for that
year.
3rd Years: Those students who have just joined 3rd LL.B (3BL1)
Honours are calculated on the final year of the programme (100%). If
students take more than 60 ECTS (up to a maximum of 10 ECTS in
exceptional circumstances on a once off basis) these additional credits will
be discarded in the calculation of the overall percentage for that year.
3rd Years: Those students who have progressed from 2nd LL.B (3BL1)
Honours are calculated equally across the final two years of the programme
(50%/50%). If students take more than 60 ECTS (up to a maximum of 10
ECTS in exceptional circumstances on a once off basis) these additional
credits will be discarded in the calculation of the overall percentage for that
year.
4-YEAR LL.B PROGRAMME
1st Years: (1BL2)
Honours are calculated equally across the four years of the programme
(25%/25%/25%/25%). If students take more than 45 ECTS (up to a
maximum of 10 ECTS in exceptional circumstances on a once off basis)
these additional credits will be discarded in the calculation of the overall
percentage for that year.
2nd Years: Those students who have progressed from 1st LL.B into 2nd
LL.B (2BL2)
Honours are calculated equally across the four years of the programme
(25%/25%/25%/25%). If students take more than 45 ECTS (up to a
maximum of 10 ECTS in exceptional circumstances on a once off basis)
these additional credits will be discarded in the calculation of the overall
percentage for that year.
38
3rd Years: Those students who have progressed from 2nd LL.B into 3rd
LL.B (3BL2)
Honours are calculated equally across the final two years of the programme
(33.3%/33.3%/33.3%). If students take more than 45 ECTS (up to a
maximum of 10 ECTS in exceptional circumstances on a once off basis)
these additional credits will be discarded in the calculation of the overall
percentage for that year.
4th Years: Those students who have progressed from 3rd LL.B into 4th
LL.B (4BL2)
Honours are calculated equally across the final two years of the programme
(50%/50%). If students take more than 45 ECTS (up to a maximum of 10
ECTS in exceptional circumstances on a once off basis) these additional
credits 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, these additional credits will be discarded in the calculation of
the overall percentage.
16. Students cannot fulfil their academic requirements by taking modules for
which they have already been given credit by the Law School. Students
who have taken and passed Law modules in some other institution may read
the same modules in the LL.B only provided they have not received
exemptions in respect of these subjects from the Law School.
39
17. Compensation: In the case of programmes of more than one year duration
compensation will be applied, provided the following criteria are met.
The pass standard for a Module is 40%. However, a student with marks of
less than 40% in one or more modules will be deemed to have passed the
stage (year) of the programme provided:
•
•
•
the aggregate mark for all modules is at least 40% and
the mark in every module is 35% or more and
the module(s) with marks in the range 35-39% total:
1.
2.
not more than 5 ECTS in the case of programmes with an ECTS
weighting of 30 – 55 for the stage (year) i.e. for part-time LLB
students.
not more than 10 ECTS in the case of programmes with an
ECTS weighting in the range 60 – 85 for the stage (year) i.e. for
full-time LLB students.
Compensation is only applied when the overall mark is being calculated at the
completion of a stage (year). If, after the end of year Examination Board (June)
for first sitting of examinations results (i.e. Semester 1 and Semester 2
examinations), a student has marks in the range 35-39% in excess of the
permitted compensation provision ECTS for that stage (year) of the programme,
as outlined in bullet points 1-2 above, he/she will be required to re-sit all
modules with a mark of less than 40% at the second sitting examinations (i.e.
August repeat examinations).
Subject Schedule
(a) Year-Long modules
Code
Subject
LW117 Constitutional Law
LW118 Contract Law
LW127 Family Law
LW308 Jurisprudence
LW323 Public International Law
LW262 Torts
ECTS
10
10
10
10
10
10
Modules are offered subject to sufficient demand and availability of staff; each
module is not available every year.
40
(b) Semester modules
Code
Subject
LW4103 Administrative Law I
LW4104 Administrative Law II
LW371
Alternative Dispute Resolution
LW3104 Applied Legal Theory
LW374
Banking Law
LW377
Company Law I
LW378
Company Law II
LW333
Comparative Competition Law
LW370
Comparative Disability Law
LW326
Comparative Law
LW3103 Consumer Law and Policy
LW3101 Criminal Law I
LW3102 Criminal Law II
LW394
Criminal Justice
LW365
Criminology
LW426
EU Competition Law
LW398
English Land Law
LW393
Entertainment Law
LW357
Environmental Law I
LW358
Environmental Law II
LW513
Evidence I
LW514
Evidence II
LW360
Equity I
LW363
Equity II
LW385
European Human Rights
LW4101 European Union Law I
LW4102 European Union Law II
LW405
Health Law and Policy
LW232
Housing Law and Policy
LW339
Independent Research
LW356
Industrial and Intellectual Property Law
LW383
Information Technology Law
LW372
Insurance Law
LW382
International Business Law
LW343
International Protection of Human Rights
LW364
International Trade Law
LW212
Labour Law I
LW216
Labour Law II
LW225
Land Law I
LW226
Land Law II
LW415
Law of the Sea
LW354
Media Law
LW437
Moot Court
41
ECTS
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
SYLLABI OF COURSE MODULES (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.
Applied Legal Theory: The course will examine the philosophy of law in the
thought of major political thinkers with the aim to seek guidance in order to
respond to attempts to regulate issues that stir controversy. Key ideas that will be
discussed throughout the seminar are the relationship between law and morality,
the role of the State, the difficulties that emerge in the effort to apply abstract
moral ideals in reality, the interplay between social context and legal rules, the
factors that affect the emergence of the law, the is/ought distinction, the
distinction between formal and real freedom, the concept of human dignity.
Case studies will include abortion, torture, criminal punishment, harm to self,
lying and the law.
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
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.
42
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: This optional one-semester 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. To be eligible to
apply to take the module, LL.B. students coming from the B.A. (Legal Science)
and B. Corp. Law programmes must have at least a 2:1 average in their primary
degree results. LL.B. students coming from the B.A. (Public & Social Policy)
and B. Comm. programmes must have at least a 2:1 average in their results from
year two of the LL.B. B.C.L. students and LL.B. 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 18931980, including the scope of the legislation, the passing of property in the goods,
43
retention of title clauses, and the implied terms in the Acts relating to title,
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.
44
Comparative Law: This course is an introduction to the basic legal and
institutional differences between the USA and Europe. It will engage and assess
the emergence and influence of supranational law – particularly that of the
European Union and the European Convention on Human Rights – on domestic
legal orders in European countries. A significant part of the course will be
devoted to studying specialized topics in comparative law, selected to illuminate
the distinctiveness of U.S. law’s approach in some domains as well as areas of
convergence across legal systems. The case studies will be discussed from an
interdisciplinary perspective. Interdisciplinarity will aim to enlighten about the
reasons that lead to the differences in the legal regulation in each concrete case.
Case studies will include criminal punishment, the welfare state, issues of
discrimination, human dignity, privacy, freedom of expression, freedom of
religion, producerism and consumerism.
Consumer Law and Policy: Consumer law and policy is a significant and
rapidly developing area of current Irish and EU Regulation. It crosses the
traditional public and private law divide and this module represents an important
opportunity to analyse and examine the different types of regulation in diverse
areas involving consumer transactions. The subject of consumer protection is
embedded in EU policy and most Irish legislation in the last twenty-five years
derives from EU directives. A number of major EU initiatives are now part of
Irish law including Unfair Commercial Practices, Product Liability, Distance
Selling, Unfair Terms and Consumer Credit. The module will initially discuss
the meaning of ‘consumer’ and the rationales for consumer law before
examining the regulation of consumer contracts, the law on unfair commercial
practices, product liability and consumer credit. Irish consumer law is
undergoing change with the proposal for a Consumer Rights Act to consolidate
and update the statutory provisions relating to consumer contracts including the
supply of digital content. The course will debate and analyse the latest
developments in this context.
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 1919–1936
and an analysis of important constitutional decisions from other jurisdictions,
notably the United States, for comparative purposes.
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.
45
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
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.
46
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.
47
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; classification of
trusts. Substantive and formal requirements for valid trusts. Secret and halfsecret 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 non-charitable
purpose trusts; the requirements of public benefit and of charitable intention; the
beneficiary principle; rules against remoteness; the doctrine of cy-près. 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.
48
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
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.
49
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 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 email
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.
50
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.
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.
51
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 to selfdetermination; 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:
52
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.
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.
53
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.
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
54
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.
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.
55
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 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
56
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.
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.
57
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
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.
58
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.
59
(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.
60
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.
61
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.
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 modules 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 course
modules 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
course modules may be available in a particular year. Applicants for
admission to the programme should check the modules 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 modules to a
total of 20 ECTS, amounting to 40 ECTS overall. In Second Year
modules to a total of 20 ECTS must be taken as well as the Dissertation
(30 ECTS), amounting to 50 ECTS overall.
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2.8
Modules 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.
2.9
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%
2.10
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.
2.11
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
LW485 Sentencing and Penal Policy
LW486 Theories of Judicial Activism
LW487 Communications Law: Law, Technology and
Change
LW488 Processes of Law Reform
LW489 Disability Law Reform Challenges
LW491 Equality Law: Principles and Thematic
Application
63
ECTS
10
10
10
10
10
10
LW448
LW493
LW496
LW449
LW536
LW444
LW436
LW439
LW566
LW508
Comparative Criminal Process
The Criminal Jury
Local Government Law
Aviation Law & Policy
Corporate Social Responsibility
Internet Regulation and Governance
Contemporary Issues in Law & Society
Advocacy, Activism & Public Interest Law
Immigration Law: Between Sovereignty &
Equality
Minors, Minority Groups & the Criminal Justice
System
10
10
10
10
10
10
10
10
10
10
SYLLABI of COURSE MODULES 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,
64
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.
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 1999. 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
65
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
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
66
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
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
67
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
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 email 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
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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.
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.
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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.
70
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 modules 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.
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2.8
2.9
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.
Honours are awarded in individual subjects in accordance with the
following standards:
H1
H2.1
H2.2
H3
First Class Honours 70%
Second Class Honours Grade One 60%
Second Class Honours Grade Two 50%
Third Class Honours 40%
2.10
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.
2.11
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
10 ECTS
10 ECTS
30 ECTS
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
10 ECTS
10 ECTS
10 ECTS
10 ECTS
10 ECTS
10 ECTS
10 ECTS
10 ECTS
10 ECTS
10 ECTS
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LW509 Universal Environments
LW5101 International Disability Human Rights Clinic
10 ECTS
10 ECTS
SYLLABI of COURSE MODULES 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.
73
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.
74
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
75
relationship between disability laws and standards for accessibility and the wider
agenda of Universal Design in achieving environments that are usable and
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:
76
(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. 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.
77
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 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
LW451 Introduction to International Human Rights Law
LW450 Dissertation
ECTS
15
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, these will be discounted in the
calculation of the degree award.
3.10 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.
78
3.11
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%
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
79
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.
(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.
80
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
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
LW469
International Peace Support Operations
LW458
International Humanitarian Law & Human Rights
LW450
Dissertation
ECTS
15
15
30
OPTIONAL SUBJECTS:
To be chosen from the composite subject schedule below (just before the syllabi
of courses)
81
3.10 In the event that courses in excess of the graduation requirement of 90
credits are presented for examination, these will be discarded in the
calculation of the degree.
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.
3.12 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%
Note: Syllabi for the LL.M in Peace Operations, Humanitarian Law & Conflict
are set out in the LL.M syllabus section, following.
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:
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(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
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the Introduction to International Criminal 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 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
LW520
Introduction to International Criminal Law
LW450
Dissertation
ECTS
15
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.
3.10
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.
3.11
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%
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Schedule of Optional Subjects; Human Rights LL.M Programmes
Code
LW416
LW451
LW520
LW432
LW433
LW456
LW458
LW466
LW467
LW469
LW470
LW475
LW479
LW477
LW478
LW481
LW482
LW494
LW495
LW523
LW531
LW539
LW457
LW532
LW522
LW525
LW546
LW417
LW431
LW453
LW455
LW459
LW460
LW461
Subject
Contemporary Issues in Human Rights I
Introduction to International Human Rights
Introduction to International Criminal Law
Business and Human Rights I
Counter Terrorism and Human Rights
Gender and Human Rights
International Humanitarian Law and Human Rights
European Convention on Human Rights
Minority Rights and Self Determination
International Peace Support Operation
Conflict and Post Conflict Studies
Field Experience Assignment *
Criminal Justice Process**
Conflict Regulation ***
Equity & the Law ***
Economic, Social and Cultural Rights
African and Inter-American Regional Systems of
Protecting Human Rights
Refugee Protection: Refugees and Asylum Seekers
(A)
Rights of the Child (A)
Contemporary Themes in International Criminal
Law I
Introduction to Public International Law I
Human Rights in the Domestic Sphere I
International Criminal Law and the Protection of
Human Rights
Introduction to Public International Law II
Business and Human Rights
Counter-Terrorism and Human Rights
Contemporary Issues in Human Rights III
Contemporary Issues in Human Rights II
The European Convention on Human Rights II
Regional Systems: The Council of Europe
Minority Rights
International Labour Standards
Refugee Protection: Refugees and Asylum Seekers
Disability and International Law
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ECTS
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
10
10
5
5
10
5
5
5
10
5
5
LW462
LW463
LW464
LW465
LW471
LW472
LW473
LW474
LW480
LW524
LW527
LW528
LW529
LW526
LW530
LW537
LW538
LW540
FA550
LW521
LW533
LW534
LW535
LW547
LW548
Self-Determination and Autonomy Regimes
Human Rights and States of Emergency
Rights of the Child
Conflict Studies
International Humanitarian Law
International Organisations
International Relations
European Union and Human Rights
Abolition of the Death Penalty
Contemporary Themes in International Criminal
Law II
History of International Criminal Law
Institutions of International Criminal Law
Major Trials in International Criminal Law
Genocide
Procedure before International Criminal Courts
Human Rights and Development
Transitional Justice
Human Rights in the Domestic Sphere II
How to Argue with an Economist
Alternatives to International Criminal Prosecution
The Right to Food
Human Rights Education
Cultural Rights
Human Rights Field Work: Law and Practice
Human Rights, Sexual Orientation, Gender Identity
*
5
10
10
5
10
10
10
5
5
5
5
5
5
5
5
10
10
10
5
5
10
10
5
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)
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SYLLABI of COURSE MODULES 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 1950. 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
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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
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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.
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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.
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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.
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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:
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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
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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
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
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.
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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 1989. 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
The School of Law
Excellence Scholars 2014-15
Ceremony: Thursday, 16 October 2014
First Corporate Law
O’Brien, Alison
St Finian’s College, Mullingar, Co. Westmeath
Lá na nGradam
Ceremony: Saturday, 21st February 2015
Undergraduate Prizes/Scholarships
(other than entrance/university scholarships).
Duaiseanna/Scoláireachtaí Fochéime
(seachas scoláireachtaí iontrála/ollscoile)
The Val O’Connor Memorial Prize in Equity 2013-14
Honours Bachelor of Civil Law (3CW1)
Sullivan Mary Ann
Postgraduate Prizes/Scholarships
Suaiseanna/Scoláireachtaí Iarchéime
Centre for Disability, Law and Policy (CDLP) Scholarship 2014-15
Masters of Law Degree (international & Comparative Disability Law & Policy)
(1ML17)
Shinnick Ciara
98
The School of Law
Scoil and Dlí
University Scholars/Scoláirí Ollschoile 2013-14
Honours Bachelor of Civil Law
Year 1 (1CW1)
Evans Paul
Holland Beau
O’Hagan Richard
Year 2 (2CW1)
Flynn Mataka
Harris Yvonne
Heavey Mary
Malone Eanna
Honours Bachelor of Corporate Law
Year 1 (1CL1)
Walsh Kieran
Lexis Nexis Butterworths (Irl) Law Prize 2013-14
Joint Winners
Honours Bachelor of Arts (3BA1)
Mc Ardle Alex
Honours Bachelor of Arts with Irish Studies (4BIS1)
Crosbie Dominick
The Thomson Reuters – Round Hall Prize 2013-14
First Arts with Theatre and Performance (1BTP1)
Egan Roisin
The Oxford University Press Law Prize 2013-14
First Civil Law (1CW1)
O’Hagan Richard
99
Postgraduate Prizes/Scholarships
Duaiseanna/Scoláireachtaí Iarchéime
Gold Medal CDLP Excellence Award 2013-14
Master of Laws (International and Comparative Disability Law) (1ML17)
Joint Winners
Li Jing
Oyaro Louis
‘NUI EJ Phelan Fellowship in International Law
(UCD and NUIG)
Structured PhD in the College of Business, Law & Public Policy (3SPC1)
O’Flanagan Michael
100