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2010/11 Taught Postgraduate Module Catalogue

LAW5485M Transnational Economic Relations and Private Law Making

15 creditsClass Size: 30

Module manager: Dagmar Schiek
Email: d.g.schiek@leeds.ac.uk

Taught: Semester 2 (Jan to Jun) View Timetable

Year running 2010/11

This module is approved as an Elective

Module summary

Legal, sociological and economic studies in globalisation usually address the surge of private lawmaking at a global level, discussing the growing ambit of “lex mercatoria” (Berger, 2001, Appelbaum et al, 2001), the self-regula¬ting capacity of multi-national firms (Cutler, 2003) and the increasing “secret” input of non-state actors from the business community into international and national lawmaking (Hall & Bierstedter, 2002). From this research, the image of a global economic law that stems from private rulemaking as well as from public sources emerges. Studies in EU law and politics are only starting to consider the effects of private rulemaking within the Internal Market (from a public law perspective: Schepel 2005). This module challenges students to consider the reality of private rulemaking in transnational business activities.

Objectives

The module, offers the opportunity to consider the reality of private rulemaking in transnational business activities. It aims at introducing students to actual instances of non-state rulemaking within multinational companies as well as to legal approaches to international arbitration. It will also cover the influence of business on lawmaking processes in organisations such as the EU and instruments such as international and European collective agreements.

For students who have not covered EU law in their studies prior to choosing this module, adequate self-study materials to acquire the foundational knowledge required will be provided.

Learning outcomes
On completion of this module, students should be able to:
- have an awareness of why and how 'Private Lawmaking' is relevant to transnational business relations and to labour relations;
- understand theoretical approaches towards regulatory regimes established by non-private actors;
- assess legal frameworks at International and EU level that may lend legitimacy to such regulatory regimes;
- understand the relevance of arbitration agreements in this regards, and have some understanding of their practical implementation;
- critically discuss issues of legitimacy and feasibility of 'private lawmaking' under different conditions and at different levels.

Skills outcomes
On completion of this module students should be able to:
- Critically assess legitimacy and feasibility of private rulemaking
- Critically analyse theoretical approaches to private rulemaking
- Demonstrate advance problem solving skills.
- Show evidence of deep learning within selected topics of trade law and regulation
- Conceptualise the principles and theories shaping the subject.
- Work independently to develop their ideas acquired through the course.

Syllabus

Legal, sociological and economic studies in globalisation usually address the surge of private lawmaking at a global level, discussing the growing ambit of “lex mercatoria” (Berger, 2001, Appelbaum et al, 2001), the self-regulating capacity of multi-national firms (Cutler, 2003) and the increasing “secret” input of non-state actors from the business community into international and national lawmaking (Hall & Bierstedter, 2002).

From this research, the image of a global economic law that stems from private rulemaking as well as from public sources emerges. Studies in EU law and politics are only starting to consider the effects of private rulemaking within the Internal Market (from a public law perspective: Schepel 2005).

This module challenges students to consider the reality of private rulemaking in transnational business activities.

Lectures and papers in the course on Transnational Relations and Private Lawmaking covers the following topics:
- Legal regimes applicable to transnational commercial relations (mainly recollection: national commercial laws, international private law, CISG)
- Private law making and transnational relations – the role of international arbitration, the potential of codes of conducts
- Private law making within the EU framework, eg Private actors participating in international and EUcommunity law making
- Common Frameworks established by business and consumer representatives and their relevance for contractual regimes, in the EU
- European Collective (Labour) Agreements as an example for established private lawmaking.

Teaching methods

Delivery type	Number	Length hours	Student hours
Seminar	5	2.00	10.00
Private study hours			140.00
Total Contact hours			10.00
Total hours (100hr per 10 credits)			150.00

Private study

- 60 hours preparation for seminars on the basis of provided reading list
- 30 hours self-directed reading and reflection after seminars
- 50 hours preparing essay and presentation.

Opportunities for Formative Feedback

- Attendance will be monitored to provide early warning of possible extra-curricular problems that may be inhibiting progress.
- The lecturer will strive to ensure active and equitable participation by all who follow the course.
- The assessed essays will provide an objective measure of student progress and performance.
- Assessment of the 15 minute Presentation will provide a measure of a student's ability to critically analyse and assess private law-making policies.

Methods of assessment

Coursework

Assessment type	Notes	% of formal assessment
Essay	1 x 5,000 word essay	70.00
Oral Presentation	15 minutes	30.00
Total percentage (Assessment Coursework)		100.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 15/07/2011

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