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LA-121A
Fundamental Principles of Contract Law
This module is available only for visiting exchange students from Chinese partner universities.
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LA-122A
Fundamental Principles of Tort Law
This module will be available only for visiting exchange students from Chinese partner universities.
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LA-123
Legal Methodology
This module will be available only for visiting exchange students from Chinese partner universities.
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LA-124
Fundamental Principles of International Trade Law
This module will be available only for visiting exchange students from Chinese partner universities.
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LA-300
Applied Commercial Law and International Business Practices
Contemporary concerns originating in market and business failures sufficiently indicate the vital importance of business law for accountability and performance. Taking account of the rapid developments in this field, this module offers students an unique opportunity to explore business law on a broad spectrum. It allows for an investigation into new and dynamic issues pertinent to the operation of businesses in the international context, including intellectual assets management, international payment and transactions, the governance of businesses and aspects of insolvency and personal responsibility. Designed to accommodate both legal and commercial perspectives, it allows students to obtain an understanding of cutting edge developments in a number of discrete legal areas.
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LA-397
Language and Study Skills for V+1 Associate Exchange Students
This module provides V+1 Associate Exchange Students with the academic study skills necessary to succeed in degree level study. It provides practical guidance in writing, reading, time management and exam skills. Students will be introduced to the skills necessary to convey a convincing academic argument, covering areas such as level appropriate style and formality as well as structure and effective paraphrasing. Additionally, students will be introduced to techniques which can improve their retention and use of source material and better prepare them for exams and busy workloads.
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LA-M01
Law of International Trade
This module elaborates and analyses
(a) the legal and commercial issues associated with international sale contracts;
(b) the organization and content of such contracts; and
(c) how parties can engineer satisfactory solutions through adjusting the terms of their agreement against a background of freedom of contract.
The concentration will be on the rules of English law: but reference will be made where relevant to other regimes, including the Uniform Commercial Code and the 1980 Vienna Convention on the International Sale of Goods.
We identify the principal categories of international sale and commodity contracts; in addition, we give extended attention to the INCOTERMS 2020 (both shipping-related and non-shipping-related) promulgated by the International Chamber of Commerce.
Our examination of the legal relationship between international sellers and buyers includes questions of general sales law; of ownership, title and risk; of force majeure; of the commercial and legal significance of transport documentation and insurance; and of the question of remedies.
We will make time available time to discuss contemporary issues as they arise, such as the harmonisation of international trade law, and issues associated with containerisation and multi-modal transport.
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LAA124
Tort Law
The Law of Tort is a branch of the civil law which provides possible remedies for the protection of a person¿s interests in relation to different forms of loss which may be experienced as a result of different types of incident. Examples of loss considered in this module include physical damage to the body or to property, interference with use and enjoyment of land and injury caused by the condition of premises. In deciding whether there is liability in tort, the claimant is required to demonstrate that he was owed a duty by the defendant and it may be vital to determine the degree to which one side or the other was to blame for what happened. It may matter whether the defendant caused the injury deliberately, negligently, or there may be liability even though the person who has caused the damage was not to blame at all.
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LAA125
Skills for the Study of Law
This module provides an introduction for new law students to the skills that they will need to be successful in their studies. This includes academic skills such as planning for study, essay writing, problem solving, referencing and reflecting on study practice. The course also covers key legal skills such as legal research and reading and primary and secondary sources. It is designed to allow students to reflect and build upon the skills that they will develop throughout the year in their substantive subjects, e.g., contract, tort and public law.
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LAA126
Legal System
A module intended to introduce students to the fundamental concepts of the legal system of England & Wales.
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LAA127
Contract Law
The law of contract is at the heart of the system of obligations in law and forms, together with tort and restitution, elements of the law of obligations. It provides the essential foundation for further subjects in the areas of commercial, consumer, company and business law as well as international trade. The matters covered within Law of Contract include: contract formation and contents; terms of a contract; regulation of exemption clauses and unfair terms under both the common law and statutory regimes; misrepresentation; termination; remedies for breach of contract; and duress and undue influence.
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LACM03
E-commerce and Regulation of Electronic Transactions
This module seeks to address the complex legal issues and regulatory challenges arising from the pursuit of commercial activities by electronic means. It focuses in particular on the expanding role of various types of electronic transactions and different forms of digital assets within the modern commercial sphere. It examines the legal frameworks that have been put in place for dealing with key aspects of such transactions and digital products both at the national level and internationally. The module identifies and discusses the problems that governments have had to contend with in seeking to exert their regulatory control in the realm of electronic commerce in today¿s Internet age. Where appropriate, it does so from a comparative perspective which looks at the approaches adopted in the U.K, the E.U and various other jurisdictions. Also examined is the application of existing legal principles to e-commerce, again adopting a comparative approach, analysing existing legal adaptations, their appropriateness and how such adaptations might be improved in the future.
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LACM10
Carriage of Goods by Sea, Land and Air
Goods are carried all over the world by different modes of transport ¿ by land, rail, sea and air. This module analyses the issues that arise in relation to each form of transportation.
In most cases, cargo is carried purely by one mode of transport (unimodal transport). For example, bulk cargoes are generally carried solely by sea and such carriage is subject to compulsory international regimes which are intended to regulate that mode of carriage i.e. the Hague, Hague-Visby and Hamburg Rules. Similarly, high value cargoes and pharmaceuticals are generally carried solely by air and are compulsorily subject to the Warsaw/Montreal Conventions. However, it is also common for goods to be carried in the one receptacle but by different modes of transport e.g. one container may be carried by road, rail, sea and air (multimodal transport). Such form of carriage gives rise to difficulties since whilst separate conventions apply to individual legs of the carriage, there is no one international convention which applies to the whole of such carriage.
This module is designed to analyse the different features and characteristics of the different forms of contract of carriage that are currently used in relation to both unimodal and multi modal transport, the problems that may be faced when cargo carried under such contracts is lost or damaged and the part played by the current international regimes i.e. the Hague, Hague-Visby and Hamburg Rules in relation to carriage by sea, the Warsaw/Montreal Conventions in relation to carriage by air, CMR in relation to carriage by road and CIM/COTIF in relation to carriage by rail. The module also considers multi-modal contracts of carriages, which are not subject to any international regime. Finally, this module examines several contemporary difficulties which arise both in relation to the nature of bailment contracts and the practicalities of cargo claims.
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LACM14
International Intellectual Property Law
This module concentrates on the international law aspects of Intellectual Property (IP). With the growing global market and continuing disparity between developed and developing countries, IP has assumed a significant role in international discourse. The module discusses the set of laws that govern the creation, protection, sharing, and use of intellectual property in the global context. Topics such as copyright, trademark, geographical indication systems, traditional knowledge, cultural heritage, patents, plant varieties and industrial designs will be explored. IP protection is traditionally jurisdictional, yet, it has become common for IP issues to arise across jurisdictions because IP laws can vary significantly from one country to another. International IP law is the subject of treaties between nations throughout the world, therefore, the module further examines the various existing and proposed international instruments relating to Intellectual Property, such as the TRIPS agreement; Paris, Berne, Rome and Madrid Conventions; Marrakesh Treaty etc. There are organizations that seek to provide global IP protection by establishing international IP laws, hence, the module reviews the efforts of the World Trade Organization (WTO), World Intellectual Property Organization (WIPO), International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO) in the field of international IP framework.
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LACM17
International Commercial Arbitration
International commercial disputes that cannot be otherwise resolved are customarily referred to arbitration. As such, a global network of arbitration organizations and international institutions exist to address references to arbitration. The module examines the arbitration structures which exist to resolve international disputes in the context of commercial arbitration and the associated questions of private international law. The module also examines disputes between foreign investors and host States and in particular looks into the system of the International Centre for Settlement of Investment Disputes (ICSID) which enables foreign investors to act directly against the host State where the investment was made. This part of the module introduces the international law relating to foreign investments and discusses the different dispute resolution mechanisms that can be invoked to resolve relevant disputes.
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LACM19
IP Law in the Context of Creative Industries
This module¿studies the impact of the fourth industrial revolution, precisely modern innovative technologies on law and regulation of intellectual property rights in the digital age.¿It¿focuses on the relationship between law, innovation and technological developments, and explores legal protection of intellectual assets created in the process of digitalisation.
In the digital age, technology has become an integral part of our daily lives and classic human-to-human interactions have transformed into human-to-machine communications. Apart from the inevitable boost in e-commerce and automatisation powered by AI, big data and computation, our dependence on digital technologies and services has increased over the course of the COVID-19 pandemic. Amidst these enormous changes brought by the fourth industrial revolution, digitalisation and intellectual property become hand in hand. Indeed, creative assets and intellectual property rights might become more vulnerable to thefts or infringement risks. Hence, governments and legal authorities strive to ensure appropriate regulation and protection which in turn facilitate digitalisation and provide more opportunities for innovative activities.
The module is designed to give students a knowledge base of the legal doctrines and provisions that are applied to intangible outputs and intellectual property rights and their implications in the digitalised world. It gives an overview of the emerging technological developments and digitalisation trends and scrutinises their relationship with intellectual property rights created through transactions taking place in cyberspace.¿Upon critical evaluation of the nature and significance of intellectual property rights including¿copyrights, patents, trademarks, designs and similar rights¿in terms of technology, commercial interests and the law, the module underpins the increased importance of intangibles, such as brands, know-how and data in the digital economy. In this vein, the course sheds light on the private and public interests of businesses, enterprises, governments as well as the international community to ensure legal protection of intellectual property rights and explores national, regional (EU) and international aspects of the regulatory frameworks. The module further delves into the fundamentals of blockchain¿technology and smart contracts and their implications for the intellectual property ecosystem. Moreover, having regard to technological innovations experienced in the maritime industry and the government¿s Marine 2050 strategy, the course also looks at the intellectual property aspects of the AI-powered ships operating independently of human interaction. Finally, the module addresses intellectual property and technology disputes and their resolution.
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LACM20
International Corporate Law and Governance
A spate of high-profile corporate failures over the past few decades have called for detailed examination and investigation of the legal and financial backdrop against which these disasters have been played out. Issues including the role, duties and liabilities of directors, the function of shareholders and various stakeholders, and importantly, the part played by the professional agents of theses separate organs of the company, have become a compelling focus for company lawyers and other corporate regulators on a global scale. The effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit. The second part of the module focusses on these `governance gaps¿, as identified by Professor John Ruggie, the UN¿s Special Representative, and considers how they may be closed. We shall examine the status of corporations under international law, the civil liability of corporations for their participation in international crimes, and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles
In the first semester, we aim to provide students an overall knowledge and appreciation of company law and other forms of governance in the contemporary environment, with a specific focus on the UK perspective. Recent changes in this field will also be explored, to discover how the legal system encourages the practical transition to a more sustainable corporate culture. In the second semester, we will provide a comprehensive analysis of the major legal issues emanating from the trans-border operations of multinational enterprises. We examine the commercial concerns of transnational companies against the context of the national, regional and international regimes governing labour, human rights, environmental, sustainable development and corporate social responsibility issues. We will also consider the regulatory choices open to policy makers at both home and host states of multinational enterprises. This module will provide a strong platform for students intending to utilize their knowledge in the global market.
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LACM21
Private Air Law and Aircraft Finance
The availability of credit, and the provision of personal and real security that go with it, are vital to entrepreneurial activities everywhere, including in particular the transport sector. This module focuses on the legal framework and policy concerns that underpin the provision of credit, putting particular emphasis on ships and other mobile assets, such as aircraft. Taking both an English and an international perspective, it inquires into the nature and functions of credit and other mechanisms for financing the acquisition of high-value assets, most notably leasing; it also takes a detailed look at personal security and bank guarantees. It then goes on to explore how the law seeks to regulate and balance the competing interests of different categories of creditors, lessors, lessees and other parties implicated in or affected by credit and leasing arrangements, again with particular emphasis on the transport sector.
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LACM24
Commercial and Maritime Mooting
The module adopts a holistic and practical approach to teaching international and transnational dispute settlement by using the medium of mooting. In particular, the module offers advocacy training and innovative teaching in commercial and maritime arbitration and adjudication. Teaching is offered through a combination of seminars and advocacy labs. The module employs audio visual study aids, a unique teaching method inspired by the Harvard Case Method. The syllabus covers key skills in oral and written advocacy in international and transnational arbitration and adjudication.
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LACM25
Advanced Language and Study Skills for LLM students
This module provides LLM students with the academic study skills necessary to succeed in degree level study in the discipline. It provides practical guidance in writing, reading, time management and exam skills which will also be necessary for careers following successful completion of the LLM. Students will be introduced to the skills necessary to convey a convincing academic argument, covering areas such as level appropriate style and formality as well as structure and effective paraphrasing. Additionally, students will be introduced to techniques which can improve their retention and use of source material and better prepare them for exams and busy workloads.
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LACM31
Employability Skills in the Commercial and Maritime Industry
This module provides LLM students with the key skills that are required to succeed in degree level study in the discipline of maritime and commercial law. This module provides practical guidance in written and oral communication skills necessary to succeed in the careers following the completion of the LLM. Students are introduced to the skills needed in applying for jobs and/or moving forward in a career path, including how to recognise and make the most of experience, learning, and knowledge and how to promote themselves effectively, including ways of qualifying as a practicing lawyer in England & Wales. The module is supported by outside speakers who share their expertise with our LLM students, give them an insight of their commercial and maritime practice.
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LAMM01
Admiralty Law
Admiralty Law is offered as a one-year LLM subject and is commonly taken alongside other maritime options, such as Charterparties: Law and Practice, Law of the Sea, Oil and Gas Law and Marine Insurance Law. However, there is little direct intellectual interaction between the current module on Admiralty Law and other maritime modules. Thus, the course may be of particular interest to students enrolled both on the specific programme of International Maritime Law, as well as the International Commercial and Maritime Law.
This course concerns a practical aspect of maritime law which was developed by the Admiralty Court in England, and which has influenced many countries in the world. The aim of the course is to provide students with a practical and critical knowledge of those aspects of maritime law relating to the running of the ship. The course is essentially in two parts. Part one deals with substantive areas of maritime law, such as the law of collisions, harbour law, pilotage, salvage, towage, general average, seafarer¿s rights, and carriage of passengers. Part two focuses on enforcement of maritime claims through the practice and procedure of the Admiralty Court, including ship arrest, jurisdiction, maritime liens, statutory liens, and limitation of liability.
Although we shall analyse relevant legal concepts from the perspective of English law, the true international character of the course will rapidly become apparent. Many aspects of maritime law have been regulated by international conventions, i.e. the Convention Relating to the Arrest of Sea Going Ships 1952; the International Convention on Salvage 1989; International Convention on Limitation of Liability for Maritime Claims 1976. This would inevitably mean that rules and problems encountered will be similar in various jurisdictions. For example, rules on salvage will be identical in England/Wales; Canada; China; France; Greece; Germany; India; Italy; Nigeria; Norway; Turkey, as all these countries have implemented the provisions of the Salvage Convention 1989 into their legal system either by accession or ratification.
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LAMM02
Charterparties: Law and Practice
This is a module designed to give an insight into both the legal and commercial relevance of charterparties. The lectures will consider the legal principles which are relevant in relation to charterparties generally and also in relation to specific types of charter and will consider how such principles are evolving in response to market pressures. The module will also look at the relationship between charterparties and the other common contracts relating to the use of a ship and the carriage of goods.
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LAMM03
The Law of Marine Insurance
This module introduces the foundations and basic concepts of the law of marine property insurance, i.e. the insurance of ships, cargoes and freight. The law considered is predominantly English law, although it is of international relevance for two reasons. First, principles of English marine insurance law are to be found in many Commonwealth jurisdictions and is recognised as authority in the United States. Secondly, forms used in London Insurance market are to be found in 2/3 of the world¿s markets (according to the UNCTAD) and the US forms show marked similarities. English marine insurance law is based upon the Marine Insurance Act 1906 as modified by the Insurance Act 2015. Most provisions of the Act, however, are frequently subject to contrary agreement between the parties and the Act does not address the perils against which cover is provided. Accordingly, considerable emphasis is placed on the standard clauses of the International Underwriting Association of London where much of the substance of modern marine insurance contracts is to be found. Throughout the module, the respective positions, rights and duties of assureds and insurers are analysed, as also are the concepts of indemnity, subrogation and co-insurance.
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LAMM20
Oil and Gas Law: Contracts and Liabilities
The aim of this module is to provide an account of the contractual framework governing the production, sale and distribution of oil and gas. It deals with many of the unique commercial and financial arrangements engaged.
The module also addresses liability matters which are commonly associated with daily operational hazards of the joint venture, including environmental damage and personal injury.
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LAMM30
Offshore Energy Law
Offshore energy resources include hydrocarbon resources, such as oil and gas, and renewable energy (including those that come from wind and ocean currents). Offshore energy law deals with many different issues, some examples are the extraction of (renewable) energy resources and the environmental impact of such activities.
The module will focus both on offshore renewable energy resources but include areas which might also be relevant to hydrocarbon resources (e.g. oil and gas). Our prosperity, progress and mobility are heavily indebted to utilising hydrocarbon resources for energy. Oil and gas are transportable, still relatively cheap and comparatively abundant sources of energy. They are also the fundamental ingredient in many of the products that we use daily and the engine of economic growth in many parts of our globalised world.
Although hydrocarbons still power the majority of the world, there has been a large expansion on the discussion, research and implementation of renewable energy over the past two decades. This trend seems to be growing with both developed and developing states pledging action and investment in the development of these new, cleaner technologies. One background to this development is that there are risks involved in relying heavily on fossil fuels ¿ including environmental devastation, dependence on an often-volatile international market, and depletion of a finite resource. Renewables promise solutions to all of these problems but face challenges of their own, including the consistent failure of States to meet both international and national targets, a general downturn in renewable energy investment (especially during the last half decade), the expense and difficulty of establishing the infrastructure necessary to implement these renewable energies, and the fact that science has yet to make these technologies as cheap and efficient as their polluting rivals.
This module aims to provide the students with an understanding of the international and transnational legal frameworks governing offshore (renewable) energy resources and the offshore energy sector.
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LAS001
Legal Reasoning and Jurisprudence 1
Introduces Dalian Maritime University (DMU) students to the skills needed to argue legal and factual matters, and builds upon the knowledge.
From looking at the binding authority of different courts, cases and doctrines, to breaking down the judge¿s decision, the students learn what a strong legal argument consists of by linguistically deconstructing it.
The remaining 50 per cent of the module is about using the knowledge obtained in the deconstruction to rebuild given facts of a case to create an argument. This skill will be developed throughout the rest of the students¿ academic and legal career, and is fundamental to the rest of the DMU courses where the skill of arguing in a strong and clear way is paramount.
Practice exam sessions and revision classes towards the end of the module will prepare students for the final assessment.
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LAS002
Legal Reasoning and Jurisprudence 2
This second Legal Reasoning module steps away from the theory and moves into a more practical framework and moves the learning objective away from `What the rules are¿ to `How can the rules be used¿.
Looks at case law (as the primary source of academic and professional research), explores which parts of a judgment can create precedent and bind other courts. Key cases are exemplified and worked through which allow the student to build upon the legalese and academic language used in Legal Reasoning 1.
Further, students break down the reason for the judge¿s decision (ratio decidendi) to see what points of law caused the judge to rule in that particular way, and whether any analogies can be useful (obiter dicta).
Practice exam sessions and revision classes towards the end of the course will prepare student for the final assessment of preparing a case brief for a partner at a law firm.
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LAS003
Academic English 1
Provides Dalian Maritime University (DMU) students with the academic English language skills that will lead to success for the study of law. It provides practical guidance on legal English that can be applied across the key academic skills areas of writing, reading, speaking and listening.
There focus will be on legal grammatical constructions and specialist legal vocabulary and terminology that will not only allow students to progress with a more thorough understanding of the law, but also allow students to explain and use the correct terms for future courses.
Practice exam sessions and revision classes towards the end of the course will prepare student for the final assessment.
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LAS004
Academic English 2
This second module builds on Academic English 1 by stepping from vocabulary focus, more towards grammar and clauses at a sentence level. It will span across all skills areas thereby developing writing, reading, speaking and listening proficiency.
The theme remains in the general field of company law, but there is a concerted effort in role-playing between client and lawyer in the spoken and written output which follow from the lecture and workshop input on the topic. The spoken and written work will reaffirm the vocabulary and grammar that the students have been learning for the duration of Academic English 1 and 2.
Practice exam sessions and revision classes towards the end of the course will prepare student for the final assessment.
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LATM01
Artificial Intelligence in Commerce and Legal Practice
Artificial Intelligence (AI) is becoming integral to the fabric of modern society and is already a staple of commercial organisations and businesses looking to enhance their productivity. It has been used for a variety of reasons, such as the reduction of financial paperwork via the electronicisation of commercial payments (that are now regularly made by computer), and increasingly for the incidence of smart contract payments automatically triggered by a payee¿s computer acting in collaboration with the debtor¿s IT systems. Where goods are ordered automatically (e.g. an industrialist¿s computer hooked up to a component supplier¿s server), they can also give rise to the formation of entirely new contracts.
This module will focus on the use of AI within commercial and legal settings. It is often the case that once the technology is put in place issues will arise, such as the question of whether such technology can function within the parameters of existing legal rules. Human rights ¿ even within a commercial framework ¿ must also be considered as part of any analysis concerning the use of AI (notably, for example, the right to privacy).
Overall, this module intends to provide an in-depth analysis of AI in the context of existing private legal rules while also exploring its role in society, what legal frameworks need to be developed.
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LATM02
Distributed Ledger Technology (Blockchain) and Commerce - Law and Regulation
Distributed ledger technology (DLT) is an integral part of the emerging digital transformation taking place within commercial and financial industries. It has the potential to dramatically alter the way businesses operate, providing improved efficiency of current client requirements and opening doors for new services.
In simple terms, DLT is a database that is distributed across several independent computing devices (nodes) where changes to data are protected and managed by cryptography and consensus ensuring that data cannot tampered with and that all parties have identical copies that can be considered as a reliable source of truth.
This module intends to analyse the legal position of those employing such ledgers in the context of their businesses. To appreciate the potential legal problems emerging, the applications of such ledgers in different areas of commercial law (finance, insurance, shipping) will be studied. The module will then discuss whether any change in private law rules is required to ensure that such ledgers do not create unexpected consequences for relevant parties. Regulators are also actively exploring the need to regulate the use of such ledgers. Regulation is rather challenging in this area due to potential jurisdictional problems, and overly strict regulation could potentially reduce the commercial values of such ledgers. These issues, along with others, will be discussed as part of this module.
