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WARWICK LAW SCHOOL ETHIOPIA PROJECT

GUIDE TO TAUGHT POSTGRADUATE STUDIES

This Guide to Taught Postgraduate Studies has been prepared to help you with the formal aspects of your study. It contains important information about administrative and regulatory issues. We hope that this Guide, will provide a thorough introduction to the arrangements for postgraduate study at Warwick. If you have any problems or queries the following members of staff are available to help:

Director of the Ethiopia Project

Professor Julio Faundez

Room S2.16, tel. ext. 23119, e-mail J.Faundez@warwick.ac.uk

Mr. David Salter (Terms 2 and 3)

Director of the International Development Law and Human Rights Programme

Professor Abdul Paliwala

Room S1.18, tel. ext. 23090, e-mail: A.Paliwala@warwick.ac.uk

Deputy Director: Professor Shaheen Ali

Room S1.09, tel. Ext. 24954, email: S.S.Ali@warwick.ac.uk

Postgraduate Secretary

    Jennifer Mabbett
    Room S1.21, tel. ext. 23079, e-mail: Jennifer.Mabbett@warwick.ac.uk

    We hope your stay at Warwick will be a happy one.

    September 2005

    MEMBERS OF LAW SCHOOL STAFF TEACHING ON THE LLM PROGRAMMES


    Name

    Room Number

    Telephone Extension

    E-mail
    Address

    Dr. Sammy Adelman

    2.23

    23101

    S.Adelman@warwick.ac.uk

    Dr. Kern Alexander

    2.43

    24166

    S.K.Alexander@warwick.ac.uk

    Professor Shaheen Ali

    2.27

    24954

    S.S.Ali@warwick.ac.uk

    Professor Upendra Baxi

    2.01

    23099

    U.Baxi@warwick.ac.uk

    Dr. Francis Botchway

    2.33

    28981

    F.Botchway@warwick.ac.uk

    Dr. Janice Dean

    2.41

    28398

    Janice.Dean@warwick.ac.uk

    Professor Julio Faundez

    2.16

    23119

    J.Faundez@warwick.ac.uk

    Dr. Jorge Guira

    2.44

    28990

    J.Guira@wariwck.ac.uk

    Dr. David Kershaw

    1.25

    24162

    R.D.Kershaw@warwick.ac.uk

    Ms. Linda Luckhaus

    2.20

    23639

    L.Luckhaus@warwick.ac.uk

    Dr. Kathryn McMahon

    2.13

    28399

    Kathryn.McMahon@warwick. ac.uk

    Dr. George Meszaros

    1.04

    28397

    G.A.Meszaros@warwick.ac.uk

    Dr. Jayan Nayar

    tba

    tba

    tba

    Professor Alan Neal

    2.31

    23205

    Alan.Neal@warwick.ac.uk

    Mr. William O’Brian

    2.37

    74084

    W.Obrian@warwick.ac.uk

    Professor Abdul Paliwala

    1.18

    23090

    A.Paliwala@warwick.ac.uk

    Dr. Reena Patel

    1.03

    23185

    Reena.Patel@warwick.ac.uk

    Dr. Dwijen Rangnekar

    1.49

    28906

    D.Rangnekar@warwick.ac.uk

    Mr. David Salter

    1.30

    22520

    D.R.Salter@warwick.ac.uk

    Mr. John Snape

    1.29

    24165

    E.J.Snape@warwick.ac.uk

    Ms. Ann Stewart

    2.22

    23207

    A.Stewart@warwick.ac.uk

    Dr. Helen Toner

    1.08

    23326

    H.F.Toner@warwick.ac.uk

    Dr. Andrew Williams

    2.36

    24996

    A.T.Williams@warwick.ac.uk

    CONTENTS

    Section 1 General Information

      • 1.1 Dates of University Terms 2005/2006 1

        1.2 Key Dates for LLM Students 2005/2006 1

        1.3 Contacting the Law School 2

        1.4 Pigeonholes and Noticeboards 2

        1.5 Common Rooms 3

      Section 2 Law at Warwick

        • 2.1 Introduction 4

          2.2 The International Aspect of the Law School 5

        Section 3 Taught Postgraduate Studies at Warwick: An Introduction

          • 3.1 Taught Postgraduate Degrees in Law 6

            3.2 Teaching and Learning Methods 6

            3.3 Attendance at Classes 7

            3.4 Course Materials 7

            3.5 Postgraduate Seminar series 7

            3.6 Libraries 7

            3.7 Information Technology 9

            3.8 Personal Tutors 9

            3.9 Staff Student Liaison Committees 9

            3.10 Complaints Procedure 10

            3.11 Appeals Procedure 10

          Section 4 Additional Information for Overseas Students

            • 4.1 Accommodation and Welfare 11

              4.2 English Language Facilities 11

              4.3 International Office 11

              4.4 British Council Scholarship Students 12

              4.5 Fees and Financial Support for Prospective Research Students 13

              4.6 Further Information 13

            Section 5 Cheating: Rules and Guidance

              • 5.1 The General Rule 14

                5.2 Proper Attribution 14

                5.3 Citation 15

                5.4 Additional Note on Proper Attribution and Citation in Take-home
                Examinations 16

                5.5 Footnoting 17

                5.5a Author-Date System 17

                5.6 Paraphrasing 17

                5.7 Using the Internet 18

                5.8 Reliance on Material not in the University Library 19

                5.9 Reliance on Previously Prepared Work 19

                5.10 Collusion 19

                5.11 Bibliography 20

                Frequently Asked Questions 21

                5.11 The Professional Rules 22

                5.12 The Investigation of Cheating 23

              Section 6 Assessed Work: Rules and Guidance

                  • Marking Scheme for Taught LLM Programmes 29

                6.1 Assessed Written Work 24

                6.2 Procedures for Submission of Assessed Written Work 26

                6.3 Late Submission and Extensions 27

                6.4 Marking of Assessed Written Work 28

                Section 7 International Economic Law: Programme of Study

                  • 7.1 Course Aims 31

                    7.2 Course Structure 31

                    7.3 Module Descriptions 33

                    7.4 Learning Outcomes 38

                    7.5 Postgraduate Diploma in International Economic Law 39

                    7.6 Transfer onto LLM in International Economic Law 40

                  Section 8 International Development Law and Human Rights

                    • 8.1 Course Aims 41

                      8.2 Course Structure 43

                      8.3 Module Descriptions 43

                      8.4 Learning Outcomes 49

                      8.5 Postgraduate Diploma in IDLHR 50

                      8.6 Transfer onto LLM in IDLHR 51

                    APPENDICES

                        • A. University Higher Degree and Course Regulations (Extracts) 52

                          B. Warwick Law School Code of Practice for the Supervision
                          of LLM Dissertations 59

                          C. Warwick Law School Style Guide for LLM Dissertations 62

                      D. University of Warwick Attendance at Classes Regulations 68

                      E. Student Academic Complaints Procedure 70

                      SECTION 1

                      GENERAL INFORMATION

                      1.1 Dates of University Terms 2005/2006

                      The dates of the University terms for 2005/2006 are as follows:


                      Autumn Term

                      Monday 26th September 2005 - Saturday 3rd December 2005

                      Spring Term

                      Wednesday, 4th January 2006 - Saturday 11th March 2006

                      Summer Term

                      Wednesday, 19th April 2006 - Saturday 24th June 2006

                      Note that these dates refer to the University teaching terms. Teaching takes place during these periods. However, postgraduate students are registered by the University to study throughout the academic year and are expected to be in attendance for the whole of this period. LLM dissertations are prepared during the period between April and September.

                      It is particularly important to note that examinations may be held outside term time (see 1.2 below).

                      1.2 Key Dates for IEL Students 2005/2006


                      Monday, 26th September 2005

                      Registration and Induction Meeting

                      Monday, 26th September 2005

                      First day of term

                      Monday, 5th December – Friday, 9th December 2005

                      Examination period (I)

                      Monday, 9th January 2006

                      Deadline for submission of first assessed essays and other written assignments

                      Tuesday, 3rd January – Friday, 6th January 2006

                      Examination period (II)

                      Wednesday, 19th April 2006

                      Deadline for submission of second assessed essays and other written assignments

                      Thursday, 20th April – Friday, 5th May 2006

                      Examination period (III)

                      Monday, 22nd May 2006

                      Deadline for submission of dissertation research proposals

                      Monday, 4th September 2006

                      Deadline for submission of dissertations

                      Detailed examination timetables will be published in due course. However, examinations may be scheduled to take place during any of the above examination periods. It is therefore particularly important that you are present at the University throughout these periods.

                      1.2 Key Dates for IDHLR Students 2005/2006


                      Monday 26 September 2005

                      Registration and Induction Meeting

                      Monday, 26th September 2005

                      Beginning of Induction Week (See Special Programme)

                      Friday, 2nd December 2005

                      Interim Portfolio for Core Module

                      Monday, 9th January 2006

                      Deadline for submission of First Module assessments for each cluster

                      Friday, 10th March 2006

                      Deadline for submission of Second Module assessments for each cluster

                      Monday, 24th April 2006

                      Deadline for submission of Third Module assessments for each cluster

                      Monday 29th May, 2006

                      Deadline for submission of Fourth Module assessments for each cluster

                      Monday, 22 May 2006

                      Deadline for submission of dissertation research proposals

                      Monday, 4th September 2006

                      Deadline for submission of dissertations

                      1.3 Contacting the Law School

                      The postal address and other contact information for the Law School are as follows:

                        • School of Law

                          University of Warwick

                          Coventry

                          United Kingdom

                          CV4 7AL

                          Telephone number +44 (0) 24 7652 3079

                          Facsimile number: +44 (0) 24 7652 4105

                        1.4 Pigeonholes and Noticeboards

                        Pigeonholes for incoming mail are located in the First Floor foyer (next to the first floor Common Room). Pigeonholes are arranged in alphabetical order. If the first letter of your family name is not immediately obvious, please make sure that the Postgraduate Secretary (Room S1.21) knows which letter you wish to designate as the appropriate pigeonhole for your mail.

                        Please will you also ask anyone writing to you at the Law School to mark “Postgraduate” clearly on the envelope (otherwise your post may be placed in the undergraduate pigeonholes in the Common Room on the second floor of the Law School).

                        Please note that the pigeonholes are not secure and that the Law School cannot therefore be held responsible for missing items of post.

                        The postgraduate noticeboard is also located in the First Floor foyer. Please make sure that you check the noticeboard on a regular basis for up to date information about your courses. You will find a copy of the timetable for postgraduate courses on the noticeboard (undergraduate timetables are in the glass-fronted board in the corridor on the Second Floor of the Law School).

                        1.5 Common Rooms

                        All postgraduates are welcome to use the Law School Common Rooms when they are not being used for teaching purposes. The Common Room on the first floor is intended specifically for the use of postgraduate students. You will find English and French daily newspapers in the Common Room on the second floor.

                        SECTION 2

                        LAW AT WARWICK

                        2.1 Introduction

                        It often surprises people to realise that the study of English law at universities is a fairly recent phenomenon. Until the middle of the nineteenth century such formal teaching of law as was done at the universities was based on the work of the great codifiers and commentators of Roman Law, the legal system on which the law of most of continental Europe was based. English law had much earlier developed its own system of rules and procedures, and had lost most of its contacts with Roman Law, but the teaching of English law was only attempted in the Inns of Court, where students trained to become barristers after they had left university. By the nineteenth century, just at the time when Britain was developing as an industrial, trading society that needed lawyers more than ever to advise on the commerce that underpinned its success, the rudimentary legal education in the Inns was coming to an end. Around the same time, the old universities awoke from their debauched slumber of the eighteenth century, and began to establish themselves as centres of scholarship of world-wide reputation, and to expand into more modern subjects. So there were good practical reasons for the universities to welcome the opportunity. Thereafter the hallmark of English legal studies was a rigorous analysis of the rules that courts shaped, interpreted and created in their day-to-day work.

                        Events in the United States took a rather different form. American legal systems (with the exception of Louisiana) are also case-law based, and the study of law at the great universities, especially at Harvard in the nineteenth century, was in the same style of analysis and criticism of rules as they were developed in the courts. But in the 1920’s a group of young American teachers in a number of law schools started to place more emphasis on the role that law and lawyers played in society, and to examine the social policies that legal rules promoted, or frustrated. This loose movement of individuals and ideas that led to both a new approach to the teaching of law, and a reconsideration of the aims of legal theory, often called Legal Realism. These two traditions played a part in the establishment of the School of Law at Warwick in 1967.

                        The School was established with the express aim of broadening the available choice of legal education available to students in Britain, by offering a course which emphasised the operation of legal rules and institutions in their social context. At the same time, and as a natural result of this approach, the LLB undergraduate course was designed to highlight the links that law has with other disciplines. Perhaps some fairly obvious examples will illustrate this. Most lawyers have a life outside their offices; judges are not plucked out of the sky at fifty-five. Lawyers and judges may have deep personal and political beliefs, may have been educated in a certain way and may be distributed throughout the country in a non-uniform pattern. It is not only interesting to appreciate the characteristics of the personnel that make up the legal system, but also important, for in their hands lies much of the power either to create law, or to advise the public how best to manage their legal business. The law of labour relations makes more sense if it is studied with some knowledge of British industrial relations practice; the great deal of technical law affecting land use and housing is both more relevant and more interesting if students appreciate the social policy choices involved; the law of the constitution comes alive when it is viewed not as a collection of Delphic utterances by judges, but as a part of a specific political system. Despite the elements of other disciplines - sociology, economics, anthropology, psychology - that are consequently involved in the courses at Warwick, they remain law courses.

                        The broad contextual approach to the study of law is also strongly evident in the postgraduate law degree programmes at Warwick. At postgraduate level in particular this approach is complemented by a strong commitment to offering an international perspective on law. The basic philosophy of the School of Law is therefore to produce postgraduate students who have a well-grounded social scientific understanding of law and of its international dimensions.

                        2.2 The International Aspect of the Law School

                        The School of Law has close links with other countries as well as other disciplines, and these links go beyond teaching Comparative Law, International Law and the Law of the European Communities.

                        At the beginning of the session the Law School staff includes staff of a dozen nationalities . There were, in 2004-2005, postgraduate students from many countries (in the region of 50) other than the UK. In most years German and French Assistants are attached to the School to help in the teaching of Foreign Law, and a long line of American teachers has visited the School. The American connection goes both ways; a number of the English teachers at the School have spent time in the United States or Canada, and the traditions and quality of American legal education have had a considerable impact on the School’s development.

                        Most members of staff who teach courses in the International Development Law and Human Rights and International Economic Law Programmes have considerable international experience of teaching, research and consultancy work in Africa, Asia and Latin America.

                        The Law School has a wide range of international academic links which permit staff and student exchanges and research visits. The School has links with the Universities of Lille and Bordeaux (France), Bergen (Norway), Bremen, Giessen, Konstanz and Saarbrucken (Germany), Bologna, Milan and Siena (Italy), National Law School (India), Helsinki (Finland), Nagoya (Japan), Rotterdam and Utrecht (Netherlands), Osgoode (Canada), Mekele (Ethiopia), Makerere (Uganda), Malawi and Zimbabwe.

                        SECTION 3

                        AN INTRODUCTION TO TAUGHT POSTGRADUATE STUDIES AT WARWICK LAW SCHOOL

                        As outlined in earlier pages, the Law School at Warwick has attempted a distinctive approach to the study of law by emphasising the social context in which legal rules operate. As well as the analysis of legal principles, it has concentrated on empirical evidence and on neighbouring social sciences to elucidate the law’s operation. This broad socio-legal approach is as characteristic of its postgraduate work as of its undergraduate teaching.

                        3.1 Taught Postgraduate Degrees in Law

                        The School offers taught programmes in International Development Law and Human Rights and in International Economic Law over one year (or two years for part-time students) leading to an LLM. Students on the International Development Law and Human Rights programme are required to follow the core module “Theory and Practice in International Development Law and Human Rights” and select 8 modules from those offered within the programme. Students on the International Economic Law programme are required to follow the core module “International Economic Law” and may choose to study four half options offered within the programme (or the equivalent). In addition, each student must undertake a dissertation of 8-10,000 words. Further information about each of the taught programmes is given in Sections 7 and 8 of this Guide.

                        3.2 Teaching and Learning Methods

                        It is important to note that the teaching and learning methods adopted on the International Economic Law and International Development Law and Human Rights programmes at Warwick follow the general pattern of taught postgraduate courses in the United Kingdom. Most modules are taught by means of weekly seminars or through a combination of lectures and seminars. However, postgraduate teaching and learning methods differ from those found at undergraduate level in that postgraduate students are expected to take much greater responsibility for their own studies and show significantly more initiative in independent learning (e.g. by conducting independent research on topics covered in their courses). All postgraduate students are, of course, expected to prepare fully and participate actively in class discussions and other group activities.

                        Students who are not familiar with the English Common Law system may find it useful to obtain a copy of Iolis an interactive multi-media CD. The CD is available from the Law Courseware Consortium http://www.law.warwick.ac.uk/lcc/iolis/ Phone +44 24 7652 4616 email lawcc@warwick.ac.uk.

                        3.3 Attendance at Classes

                        The success of any module depends ultimately on your advance preparation and active participation in classes. You should therefore regard these classes as appointments between you, the other members of your class, and the module teacher. We regard attendance at classes as essential and you should expect your module teachers to keep a record of your attendance. If you cannot attend a particular class you must let the module teacher know, preferably in advance. You should note that failure to attend prescribed classes can result in your being required to submit additional assessed work or, in an extreme case, being required to withdraw from the course of study. (Please refer to University Regulation 13.1 in Appendix D below).

                        3.4 Course Materials

                        Some module teachers will set reading from textbooks; others will provide you with photocopied materials; and some will require both. The Law School will provide you with ONE copy of each required textbook and/or set of photocopied materials for each of the modules for which you are registered. When you collect these materials, you will be asked to sign a receipt for them. If you lose any of these materials, you will be charged for the cost of any replacement copies.

                        3.5 Postgraduate Seminar Series

                        The School organises each year a series of outside speakers during the Autumn and Spring terms. Details of the programme will be published and updated throughout the year. This seminar series is designed specifically for students taking the taught LLM programmes, but is open to all postgraduate students. International Economic Law and International Development Law and Human Rights students are expected to participate actively in these seminars.

                        3.6 Libraries

                        You will, of course, familiarise yourself with the resources and organisation of the Library soon after you arrive. It would be superfluous for us to tell you in detail about the Library, for you will find both written guides and people to help you in the Library itself. In addition library staff conduct library orientation classes for students taking the taught LLM programmes. Do not hesitate to ask the Law Librarian (ext. 72712) if you have any difficulties in using the Library.

                        At postgraduate level you are likely to want rather more out of a library than you did as an undergraduate student. You might find it wise therefore to brush up your library skills by looking at one or more of the following sources:

                          Clinch, P. (2001) Using a Law Library : A Student's Guide to Legal Research Skills, 2nd ed, Blackstone, London.

                          Holborn, G. (2001) Butterworths Legal Research Guide, 2nd ed, Butterworths, London.

                          Lawrence, P. (2000) Law on the Internet: A Practical Guide, Sweet & Maxwell, London.

                          Thomas, P. and Knowles, J. (2001) Dane and Thomas' How to Use a Law Library, 4th ed, Sweet & Maxwell, London.

                          A particular resource which you may not have had much occasion to use before is the indexes to journal articles: The Index of Legal Periodicals, The Index of Foreign Legal Periodicals and the Index to Journals Relating to Law.

                          In view of the approach to legal studies at Warwick you are likely to find yourself using materials other than those usually thought of as ‘legal’: politics, economics, sociology and history for example. You will discover that the social sciences material is on the 5th floor of the Library, law materials on the 4th Floor. The law periodicals are in a section containing all the social science journals. Law reports, statutes etc. are on the 4th floor. History books are on the 3rd floor. Again, do not hesitate to ask the library staff for help. On the 1st floor of the Warwick Library is the BLCMP Union Catalogue on microfiche which covers a number of libraries including Birmingham University. An important and expanding source of information is provided by the Internet and CD-ROM facilities in the Library. The CD-ROM network consists of a number of regularly updated databases and you should familiarise yourself with the facility.

                          While the Warwick Library is adequate on basic materials on English law it is less strong in some areas for research and foreign source material due in part to the financial stringency which has inhibited the growth of the collection over the last few years. Always check to see whether the Library does possess something you want - it will sometimes surprise you. But if it turns out not to have it there are perhaps two things you can do (apart from asking your supervisor whether he/she has it): one possibility is to use the document supply service to obtain the material from another library. Because of the expense involved access to this service is limited and you will require your supervisor’s approval. If you use the document supply service do ask how long it is likely to take to get the material. (The document supply desk is on the first (entrance ) floor of the Library). A second possibility is to use another library. There are several other cities with larger libraries than Warwick’s within reach of Coventry. Birmingham is the closest. Among the specialist interests of that University are West Africa and local government. If you are wanting something specific and esoteric it would probably make sense to ‘phone first to see whether they have it rather than making a wasted journey. In Oxford the Bodleian Library is one of the best in the country. You need to apply for a ticket at the Schola Musica close to the Sheldonian Theatre in Broad Street although the Law Library is in the St. Cross Building, Manor Road.

                          You may well find London offers the best facilities. Many students make use of the Institute of Advanced Legal Studies Library (at the corner of Bedford Way and Russell Square). It has good collections from the US and the Commonwealth particularly. Nearby is the School of Oriental and African Studies which has its own library. We have organised several bus trips to London to visit libraries in the past. We hope to do the same this year.

                          Before trying to get admission to any of these libraries (most university libraries are restrictive in their admission policy) ask your supervisor to give you a letter to the Librarian explaining why you want to use the library.

                          Of course, the internet offers useful relevant source of information (see I.T. below)

                          3.7 Information Technology

                          The University computing network provides access to the Internet, electronic mail, word processing and a wide range of other computing applications. Students may use the University computing facilities in any of the student work areas on campus. Please note that all students are expected to wordprocess their assessed essays and dissertations. Further information about the University computing network, together with details of the training courses offered by the University can be found on the Information Technology Services’ website: http://www.warwick.ac.uk/services/its/.

                          The University Library also subscribes to numerous specialist electronic information sources such as LEXIS/NEXIS and WESTLAW that are available via either the Internet or the Library’s CD-ROM network (details are available at: http://library.warwick.ac.uk/subjects/socsci/socsci_law_collect.html). Arrangements will be made with the Law Librarian to provide assistance to students on the use of legal resources on the university network.

                          3.8 Personal Tutors

                          All students on the taught course programmes are allocated a personal tutor. You will be notified soon after the beginning of the Autumn Term which member of staff has been designated to act as your personal tutor. You should make arrangements to introduce yourself to your personal tutor as soon as possible. Your personal tutor is your primary point of contact within the Law School and is available to help with any problems you may encounter during the course of your studies. The provision of a personal tutor does not however preclude you from going to other members of staff if you think that more appropriate.

                          3.9 Staff Student Liaison Committees

                          Staff/Student Liaison Committees constitute an essential part of the administrative arrangements on the postgraduate programme. There are two committees, one for each taught programme. The Committees meet once or twice a term and report to a subsequent meeting of the Postgraduate Committee. The committee includes representatives from students elected to represent the student body as a whole.

                          3.10 Complaints Procedure

                          The University has a procedure for the handling and resolution of formal complaints from students. The procedure is contained in Appendix E (below). Students may be guided by their personal tutor on the procedure and the process for the resolution of a formal complaint in the University.

                          3.11 Appeal Procedure

                          The University also operates an appeal procedure for taught postgraduate students. Details of the appeal procedure are available from personal tutors or the Law School’s Postgraduate Secretary (Room S1.21).

                          SECTION 4

                          ADDITIONAL INFORMATION FOR OVERSEAS STUDENTS

                          4.1 Accommodation and Welfare

                          All new overseas students admitted to the University will normally be offered University accommodation. However, University accommodation suitable for couples or families is, unfortunately, very limited.

                          A number of active societies affiliated to the Union of Students cater especially for the interests of overseas students, for example the African Society, Americas Society, Arab Society, Asian Society, Far Eastern Society, Islamic Society, Thai Society and Nigerian Society. Immediately before the beginning of the Autumn Term, all new overseas students are invited to attend an Orientation Programme designed to assist with adjusting to the English way of life and to the methods of study at an English university.

                          If you have problems that you do not feel you can discuss with members of staff in the Law School, the University has a Senior Tutor, Dr Peter Byrd (ext. 22761), who will advise you on your difficulties and there are staff trained to give counselling. If you live in University Accommodation, there are also tutors assigned to each accommodation block who may be able to give you advice. The Students’ Union Advice and Welfare Service offers advice on a range of problems, including immigration and visa issues (ext. 72824 or e-mail: advice@sunion.warwick.ac.uk).

                          4.2 English Language Facilities

                          Any student whose first language is not English and who considers that their ability to understand and express themselves in both written and spoken English needs to be improved is encouraged to attend the courses that are made available in the University. Further information about these courses is available from the Centre for English Language Teacher Education (CELTE) located on the first floor of the Social Sciences Building. See also CELTE’s web page at: www.warwick.ac.uk/CELTE/courses/eng-lang/.

                          4.3 International Office

                          The International Office represents the University on an international basis promoting degree courses to overseas students by supporting departmental efforts; counselling overseas students before and after their arrival at Warwick; facilitating student mobility and administering programmes for current overseas students (please see table overleaf listing International Office contacts). The University also nominates members of staff with appropriate expertise to help to provide welfare and personal support to students from distinct cultural groups. Further information about the services offered by the International Office is available at: www.csv.warwick.ac.uk/services/international/.

                          International Office Contacts:


                          Students from:

                          Your personal contacts:

                          Tel ext:

                          E-mail:

                          North Africa

                          Middle East

                          Jon Inegbedion

                          Julie Castledine

                          22469

                          23814

                          j.c.inegbedion@warwick.ac.uk

                          Julie.Castledine@warwick.ac.uk

                          USA

                          Thailand

                          Caroline Pack

                          Viv Harris

                          23705

                          23717

                          c.m.pack@warwick.ac.uk

                          V.L.Harris@warwick.ac.uk

                          South East Asia (excluding Thailand + Vietnam)

                          Emily Austin

                          Viv Harris

                          72542

                          23717

                          E.Austin@warwick.ac.uk

                          V.L.Harris@warwick.ac.uk

                          Vietnam

                          Helen Johnson

                          Viv Harris

                          74326

                          23717

                          H.J.Johnson@warwick.ac.uk

                          V.L.Harris@warwick.ac.uk

                          East Asia

                          Jon Inegbedion

                          Vici Andrews

                          22469

                          28300

                          j.c.inegbedion@warwick.ac.uk

                          V.J.Andrews@warwick.ac.uk

                          China

                          Caribbean

                          Kate Phillips

                          Vici Andrews

                          74336

                          28300

                          Kate.Phillips@warwick.ac.uk

                          V.J.Andrews@warwick.ac.uk

                          Japanese JYA

                          Jon Inegbedion

                          Sue Dallas

                          22469

                          22647

                          j.c.inegbedion@warwick.ac.uk

                          S.Dallas@warwick.ac.uk

                          South Asia

                          Australia

                          New Zealand

                          Canada

                          Europe

                          Geraldine Raison

                          Yuliya Whittem

                          24933

                          24982

                          Geraldine.Raison@warwick.ac.uk

                          Y.Whitterm@warwick.ac.uk

                          India

                          Stephen Williams

                          Kerry Drakeley

                          28143

                          75597

                          Stephen.M.Williams@warwick.ac.uk

                          K.J.Drakeley@warwick.ac.uk

                          Latin America

                          Emily Austin

                          Carolina Salazar

                          72542

                          72686

                          E.Austin@warwick.ac.uk

                          C.Salazar@warwick.ac.uk

                          Russia & associated states

                          Turkey

                          Sub-Saharan

                          Africa

                          Sarah Patrick

                          Sylvia Howell

                          73721

                          28299

                          Sarah.Patrick@warwick.ac.uk

                          S.Howell@warwick.ac.uk

                          Visiting & exchange students

                          Chris Sharp

                          24133

                          C.E.Sharp@warwick.ac.uk

                          4.4 British Council Scholarship Students

                          Each year a large number of postgraduate students who come to Warwick are in receipt of funding support from the British Council. The British Council Regional Services Officer is based in Birmingham (about 20 miles from the campus) at the following address: Institute of Research and Development, Birmingham Research Park, Vincent Drive, Edgbaston, Birmingham, B15 2TU.

                          4.5 Fees and Financial Support for Prospective Research Students

                          Information about scholarships for suitably qualified candidates from overseas may be obtained from the British Council, 10 Spring Gardens, London SW1A 2BN, and the Association of Commonwealth Universities, 36 Gordon Square, London WC1H OPF. Two useful guides to awards tenable at Universities in the United Kingdom, Awards for Commonwealth University Staff and Scholarships Guide for Commonwealth Postgraduate Students, are published in alternate years by the Association of Commonwealth Universities. There is an Awards Scheme for Overseas Research Students administered by the Committee of Vice-Chancellors of UK Universities. Awards are offered annually and cover the difference between the tuition fee for a home postgraduate student and the “full-cost” fee chargeable to an overseas postgraduate student; there is no provision for maintenance expenses.

                          Note: If you want to apply for financial support for a research degree, make sure that you check the application deadlines. Many of these deadlines are relatively early in the academic year (i.e. between November and March). Where you require assistance with an application from a member of staff in the Law School, you should ask for this assistance well in advance of any deadline.

                          4.6 Further Information

                          Students undertaking graduate studies in the United Kingdom may find the following publications, available from the British Council, useful: Higher Education in the United Kingdom, A Handbook for Students and their Advisers, and How to Live in Britain. The International Office in University House also publishes a useful guide for overseas students. A helpful organisation is the International Family Service - 5th Floor, Waterloo House, Waterloo Street, Birmingham 2 (Tel. 0121-643-9539).

                          SECTION 5

                          CHEATING: RULES AND GUIDANCE

                          Unfortunately the School has in recent years been faced with some instances of students presenting work which does not meet the standards of good academic practice required by this University. In an effort to prevent such incidents we have devised the following guidance for your assistance.

                          It is imperative that you read, understand and comply with the following notes of advice concerning the identification of sources and the avoidance of cheating. Neither the University nor the School of Law will tolerate cheating, and offenders will be punished under University Regulations. All cases of suspected cheating are investigated carefully and, where cheating is established, severe sanctions may be imposed.

                          5.1 The General Rule

                          Any piece of work submitted by a student must be that student’s own work. For this reason, all forms of ‘cheating’ are forbidden.

                          ‘Cheating’ is defined in University Regulations as “an attempt to benefit oneself or another, by deceit or fraud”. This includes “deliberately representing the work of another person or persons without acknowledgement. A significant amount of unacknowledged copying shall be deemed to constitute prima facie evidence of deliberation, and in such cases the burden of establishing otherwise shall rest with the candidate against whom the allegation is made.” (Extract from Regulation 11, University Calendar 2005-2006, p.127)

                          Additionally, in the School of Law, cheating in assessments occurs where a student takes passages, ideas or structures from another work or author without proper attribution (on which, see 5.2 below). The instructions of the School are supplementary to those contained in University Regulations.

                          5.2 Proper Attribution

                          Where passages, ideas or structures are taken from another author, the student assessment must indicate unequivocally the source of the material in question according to the following conventions:

                            • Example

                              In seeking to understand the role of victims in crime, criminologists have commonly used victim surveys. Whilst these provide an insight into victims and crime, surveys are subject to limitations. Thus, for example, victims may “exaggerate incidents or fail to remember them at all” (H. Croall, Crime and Society in Britain, (1998) Longman, at p.89). Surveys may also be misrepresentative…

                            (a) Where material is reproduced from another source (such as a book, article, judgment or statute), the relevant passage must be enclosed within quotation marks (“…”) and accompanied by proper citation.

                            (b) An alternative method of presentation is to indent the relevant passage so as to distinguish it from the rest of the text of the assessment. Where material from another source is indented in this way, it must also be enclosed within quotation marks (“…”) and accompanied by proper citation.

                            Example

                            Whilst the spread of CCTV surveillance might help dissuade prospective criminals from committing criminal acts, video evidence derived in this way may not be all good news in court cases:

                              “Video evidence is very persuasive and possessed of a high degree of reliability. It is not entirely reliable however. ‘Seeing is believing’ and ‘the camera never lies’ are brocards which cannot be completely and invariably true. There is thus a risk of over-persuasion of the jury.” (D. Elliot, “Video Tape Evidence: The Risk of Over-Persuasion” (1998) Criminal Law Review, 158-174, at p. 159).

                              This risk of over-persuasion may occur in several different ways…

                              5.3 Citation

                              There are two aspects to acknowledgement of sources. You must always list the works (and people) you consulted in doing the research for the essay in a general bibliography at its end; but you must also acknowledge the sources for specific points as your essay goes along. It is important that your citation refers to the precise page(s) of the book or article; it is not sufficient to merely cite the book or article without reference to the page(s) relied upon. The proper citation of sources is an art rather than a science and it is a skill, which the School intends to help you to acquire, but there will always be grey areas of difficult interpretation. You should try to be aware of the citation techniques used in the books and articles, which you are reading in connection with your modules. These techniques will provide useful guides for your own written work.

                              Once you have decided that a given statement or passage should be attributed to a source or group of sources, you can do so in a variety of different ways. The most common is to provide a footnote number at the appropriate point in your text, leading the reader to a note at the foot of the page or at the end of the whole essay. Other systems include putting the source in brackets following the item, putting it in the margin, incorporating it in the text itself - (“Street points out (Freedom, The Individual and the Law, p.22) that...”) - or doing anything else that does the job without interrupting the flow of the text too drastically.

                              When citing a book, you should include:

                                • Ÿ the author’s name (or authors’ names)

                                  Ÿ title of the work

                                  Ÿ edition

                                  Ÿ year of publication

                                  Ÿ page or pages from which the information is drawn.

                                When citing a journal article, give the following:

                                  • Ÿ author’s name

                                    Ÿ title of the article

                                    Ÿ year of publication

                                    Ÿ volume number

                                    Ÿ name of periodical

                                    Ÿ page number on which the article begins

                                    Ÿ page or pages from which the information is drawn.

                                  When citing a case report, you should give:

                                    • Ÿ its full title (the parties’ names should be underlined)

                                      Ÿ the year of its publication

                                      Ÿ the volume number (if there is one)

                                      Ÿ the series of reports which you consulted

                                      Ÿ where appropriate, the specific page and judge whose view you are referring to.

                                    If you are citing a source quoted in another source, without having yourself gone to the original, you should make this clear.

                                    5.4 Additional Note on Proper Attribution and Citation in Take-home Examinations

                                    Note that you are also required to identify the sources of any ideas or information included in your answers to take-home examination questions. Although you are not necessarily expected to be able to reproduce full bibliographic details under examination conditions, you must provide sufficient details to enable the examiners to identify the relevant sources. The following bibliographic information will generally be sufficient for examination purposes:

                                      • books and journal articles: the name of the author; the title of the book or journal article; and the date of publication.
                                      • case reports: the names of the parties and the date of the report.

                                    As noted at 5.2 above, any material reproduced from another source must be placed within quotation marks.

                                    5.5 Footnoting

                                    There are a variety of systems for cutting down on the amount of information which you need to supply in a given footnote. If you have already provided all the details of a source in a previous note, you can refer back to it. For example, where you have already cited a book by Fawcett at footnote 3 in your essay, you can refer to it again as: “Fawcett (note 3 supra)”. Or you can use op. cit. (meaning “in the work already referred to”). If the work in question is cited in the note immediately preceding, you use ibid (meaning “the same work”).

                                    Footnotes also supply a vehicle for the inclusion of extra material which, although relevant to your theme and of likely interest to the reader, would interfere with the flow of your argument if included in the main text. You do not have to use such textual footnotes in your essays, but they are a well-established part of the scholarly scene and you may wish to make use of them accordingly.

                                    5.5a Author-Date System

                                    The Author-Date system is an alternative and acceptable system for citation. Instead of footnoting the citation, the reference is placed within the text itself thus:

                                    Harvey (1996: 4), for example, suggests that ‘maps are typically totalising usually two-dimensional Cartesian, and very undialectical devices with which it is possible to propound any mixture of extraordinary insights and monstrous lies’ (See also Santos 1995: 441).

                                    The full reference is then provided in the Bibliography at the back of the assessment as:

                                    Harvey, D (1996) Justice, Nature & the Geography of Difference, Blackwell, Oxford

                                    Santos, B (1995) Toward a New Common Sense: Law, Science and Politics in Paradigmatic Transition, Routledge, London.

                                    5.6 Paraphrasing

                                    Your essay must be in your own words. It may sometimes be appropriate to reproduce a useful quotation in order to emphasise a point. You should only make selective use of direct quotations, which, in accordance with paragraphs 5.2 and 5.3, must be fully and properly attributed. An essay which consists of excessive use of direct quotations, e.g. a series of quoted paragraphs with linking sentences, is not work of an acceptable degree standard. If the quotes are fully and properly attributed, the essay will not be an example of plagiarism. However, it will not be an essay in the student’s own words, and will likely receive a low mark because it will not show that you can explain in your own words what the legal arguments are.

                                    In writing an essay, students will generally refer to a variety of primary and secondary sources, and may legitimately paraphrase the ideas contained in these sources. These sources must not be presented as the student’s own work; rather, students must show that they have understood and assimilated so that they can engage in critical evaluation. All sources must be fully referenced.

                                    There are various sorts of paraphrasing. The first may be described as syntactical paraphrasing, e.g. where the sentence is changed from the present to the past tense, or some synonyms are used, or where the word order may be changed. Even if this is attributed, and therefore not plagiarism, this is not work of acceptable degree standard and will receive a low mark. This form of paraphrasing does not display any qualitative understanding or critical evaluation on the part of the student because it is not using the student’s own words.

                                    The second form of paraphrasing distils the essence of a legal argument. Here, after reading a number of sources, a student would summarise, in his or her own words, the key elements of an idea or argument. This goes beyond superficial changes in style or grammar, and requires a degree of internal processing of the legal concepts involved. In contrast with syntactical paraphrasing, where someone untrained in legal studies could recognise the similarity between the two paragraphs, here a degree of legal expertise would be necessary in order to link the paraphrase with its source. It must be stressed that even where students are properly paraphrasing, as in the second example, full and proper citations must be supplied. The source of all ideas, which are not the student’s own, must be referenced. Much of what students have to do in degree assessments consists of this form of work.

                                    The structure and argument must be the student’s own work. Whether an essay will be considered a student’s own work may depend on the degree and extent of paraphrasing, and the nature of the question set. For example, where instead of using direct quotations, an essay consists mainly of paraphrased references to various authors – according to Dicey, X is the rule on constitutional conventions, whereas according to Jennings it is Y – this may be poor quality work if there is not sufficient original contribution by the student. However, if the question asks a student to make a critical evaluation of various perspectives on a particular issue, then a greater degree of paraphrasing may be permissible, provided this is used in support of a student’s own argument about the sources referred to.

                                    5.7 Using the Internet

                                    If you draw upon material obtained via the Internet you must observe the following protocols:

                                    (a) give a full citation to the source and site consulted; and

                                    (b) copy the material (or in the case of very long articles, key extracts) onto a disc which should be included with your assessment.

                                    Citation of material on the web should in principle be in the same form as that for any other references. However, in addition it is essential to include the full universal resource locator (URL) and, in the case of websites which are likely to change, the date on which the student accessed the material. Thus:

                                    Where there is no specific author indicated on the website, then the reference should commence with the website name.

                                      • Example

                                        Civil & human rights bulletin board, Wednesday, 8 July 1998, One out of three children born each day are at risk. http://lawlounge.com/setup.hts. 20 July 1998.

                                      5.8 Reliance on Material not in the University Library

                                      Should you decide to rely upon an article or book which is not held in the University Library, a photocopy of the article or relevant section of the book must be appended to your essay. Failure to cite such sources fully or to provide copies of the material will be regarded as evidence of plagiarism.

                                      5.9 Reliance on previously prepared work

                                      Assignments are set for the particular modules, therefore work previously prepared is not acceptable even if on the same subject matter.

                                      5.10 Collusion

                                      ‘Collusion’ is also prohibited under School of Law rules. ‘Collusion’ occurs where two or more people combine to produce something which is then passed off or submitted as a piece of individual work. Students may discuss their essay topics with one another and assist each other in identifying sources. However, each student must individually read and make notes from all sources used in their assessments, and you must prepare the assignment (including compiling footnotes and the bibliography) on your own. Any close similarities between assessments presented by two or more students are likely to result in an investigation for collusion.

                                      Although all assessed pieces that you submit are expected to be your own work, you may collaborate with other students and submit a joint piece in a given module PROVIDED THAT YOU HAVE THE MODULE TEACHER’S PRIOR WRITTEN APPROVAL. Similarly, if you can get the relevant module teachers’ agreement in advance in writing on your proposed topic, you may be able to submit a piece of assessed work to count in two modules. In this second case you will, of module, be expected to do just as much work as for two separate essays.

                                      5.11 Bibliography

                                      At the end of your essay, you must supply a complete bibliography of all works to which you have referred in writing your essay. There are at least three categories of work which should be included: sources which you have directly quoted from in your essay, sources which you have used to support a particular fact or argument even if you have not quoted from them directly (and which should also be footnoted), and sources which you have drawn on for background information and ideas, but which you may not have used to support directly any point in your essay. Failure to refer to all sources upon which you have relied in any way in writing your essay is to mislead the examiner.

                                      Frequently Asked Questions

                                      Q. In my essay, I have used quotations from four or five articles in order to illustrate better the point which I was trying to make. Is this good quality work?

                                      A. Your essay must be in your own words. It may be appropriate to make selective use of direct quotations to emphasise or amplify a point, but you must ensure that this is not a substitute for writing your own narrative. If your essay is a series of long quotations interspersed with linking sentences of your own, this may not amount to plagiarism; however, there may be little of the essay which can then be marked as your own work, and your mark will be reduced accordingly.

                                      Q In my essay, I have drawn on three books and five articles, but I do not quote any of them directly in my text. Do I need to refer to them in footnotes or a bibliography?

                                      A. You must properly attribute all sources which you rely on in writing your essay. Any idea, fact or argument which is not your own must be footnoted, even if you are presenting or organising this in your own manner. You will notice that in articles you read, authors frequently refer to other articles and books even though they are not quoting them directly. This is the correct practice to follow and allows the examiner to know the basis on which you wish to support your argument. Presenting someone else’s argument as your own without acknowledgement, even if you are properly paraphrasing, is cheating within the university’s rules. You must provide a full bibliography, listing all the sources to which you have referred in writing your essay.

                                      Q. I have been using a Cases and Materials book in researching my essay, and this contains a particularly helpful extract from an article which I wish to use to support my essay. How should I acknowledge this?

                                      A. If you refer to a source in your essay, this carries the very clear implication that you have read it. If you have consulted a source that refers to other material, then it is unacceptable to use or refer to that other material without acknowledging the original source where you found that material. The best practice is to consult the second material direct and refer both to it, and the original source in your essay. Referring only to the second source without acknowledging the original source creates an impression that you have found this by your own efforts, which in this case would be an improper impression to create.

                                      Q. The question has asked me for my opinion, but I feel that I do not know enough about the subject to have any firm opinions of my own. What should I do to avoid presenting opinions I have read in articles as my own?

                                      A. A question of this nature is not asking you to develop some ground-breaking legal theory or idea (although this is not to discourage you from so doing). The question is designed to ensure that you are familiar with and understand the contemporary debate on a given legal controversy. It would be appropriate here to refer to opinions in books and journals, and to draw on a range of opinions, showing how these opinions were formed and reformed. This would then enable you to make a relative judgement, based on the strengths and weaknesses of the actual opinions to which you have referred. What is crucial is that you present these opinions in your own words – reflecting on the most important components of existing arguments will help in the process of coming to some critical evaluation of your own.

                                      Q. Can I ask someone else to proof-read my essay before submitting it?

                                      A. Yes, but you must make sure that this person limits him or herself to suggesting only editorial changes or improvements to your English and not to the substance of your essay. It is also advisable that you use as a proof-reader someone who is not taking the module to which the essay relates, so as to avoid any suspicion of collusion.

                                      Q. While working on my assessment, I have heard that some other students have bought an essay over the Internet. What should I do?

                                      A. Maintaining the standard of the degree is the responsibility of all members of the Law School community – staff and students alike. It may be tempting to follow the same path, and you may feel that while you are being honest and working hard, you are suffering a disadvantage as against those who are cheating the system. However, not only are you risking severe academic and professional sanction, you are ultimately acting against your own self-interest. Debasing the degree reflects badly on all graduates of the Law School, and rumours about the quality of a particular degree quickly circulate in professional circles and are not easily quashed. The Law School can only act where evidence exists to support an allegation of suspected plagiarism. If you believe you have such evidence, it is in the School’s and your best interest to make this known either to the Chair of the School, or to your Personal Tutor.

                                      5.11 The Professional Rules

                                      In addition to School and University practices, the Law Society and the General Council of the Bar have brought into operation policies with regard to plagiarism and cheating. (Letter to Professor McConville from The Law Society and Bar Council, 25 June 1997).

                                      The policy which the Law Society and the General Council of the Bar adopt in these cases is set out in their joint letter as follows:

                                        • “(a) Where a candidate has graduated with a qualifying law degree, i.e. he/she has passed the examinations and assessments in all the Foundations of Legal Knowledge, and the academic offence of which the candidate has been found guilty by the University authorities involves a non foundation subject, the professional body to whom the candidate has applied will grant a certificate of completion of the academic stage and refer the matter of plagiarism or cheating to the appropriate authority within the Law Society or the General Council of the Bar to decide on the candidate’s character and suitability to become a solicitor or barrister. Similarly where the subject concerned is a foundation one but a bare pass is recorded.

                                          (b) Where a candidate has been awarded a law degree which would normally have been a qualifying law degree but for the fact that the candidate has been found guilty by the University authorities of plagiarism or cheating in one or more of the Foundations of Legal Knowledge so as to have had a fail recorded, the professional body to which the candidate has applied will require that candidate to re-sit and pass in a Common Professional Examination the Foundation subject or subjects in which he/she has been found guilty of plagiarism or cheating and refer the matter of plagiarism or cheating to the appropriate authority within the Law Society or the General Council of the Bar to decide on the candidate’s character and suitability to be allowed to become a solicitor or barrister.”

                                        It follows that the name of any law graduate who has been found guilty of an offence of cheating will be notified separately to the Law Society and the General Council of the Bar together with details of the resulting action taken by the University or School of Law.

                                        5.12 The Investigation of Cheating

                                        If you are suspected of cheating, the Chair of the School’s Cheating Committee will ask module teachers to look extra carefully at all of your written work in all of your modules. If there seems to be a prima facie case of cheating within the University rules, the Committee Chair will refer the matter to the School Chair who may deal with the matter or may refer it to the Academic Registrar. The normal penalty for being found guilty of cheating is that you lose all marks for the work in the module in question. You may also find yourself in difficulty with the professions or with a would-be future employer when you wish to start a career after graduation, in the same way as you would if you were successfully prosecuted for stealing a book from the bookshop. More broadly, cheating undermines the educationally valuable assessment system and perhaps the degree itself.

                                        SECTION 6

                                        ASSESSED WORK: RULES AND GUIDANCE

                                        6.1 Assessed Written Work

                                        Students taking the International Economic Law and International Development Law and Human Rights programmes are typically required to complete three different types of assessed written work: essays or other written assignments, examinations, and dissertations. Details of the assessment pattern for individual modules are available from module teachers.

                                        INTERNATIONAL ECONOMIC LAW PROGRAMME

                                        (a) Essays and other written assignments

                                        The maximum length for assessed essays and other written assignments is 4,000 words.

                                          • First essay deadline: 10.00 a.m. on Monday, 9th January 2006.

                                            Second essay deadline: 10.00 a.m. on Wednesday, 19th April 2006.

                                          Module teachers will distribute information about the assessment requirements for their modules well in advance of these deadlines.

                                          (b) Examinations

                                          All examinations on this programme, other than the invigilated examination for the International Economic Law core module, are “take-home examinations” (sometimes also referred to as “timed essays”). They take the form of unseen open-book examinations to be completed during a specified time period. Although the precise format may vary between modules, these examinations typically require students to answer two essay or problem questions with a maximum word limit of 1,500 words each in a period of 8 hours. These examinations will be scheduled to take place during the following examination periods:

                                            • First examination period: Examinations based on work completed during the Autumn Term will be held EITHER during the first week of the Christmas vacation OR during the first week of the Spring Term.

                                              Second examination period: Examinations at the end of the taught element of the programme will take place during the first three weeks of the Summer Term.

                                            You must ensure that you are present on campus throughout the above examination periods.

                                            INTERNATIONAL DEVELOPMENT LAW AND HUMAN RIGHTS

                                            Essays and other written assignments

                                            The maximum length for assessed essays and other written assignments is 4,000 words.

                                              • First essay deadline: 10.00 a.m. on Monday, 9th January 2006.

                                                Second essay deadline: 10.00 a.m. on Friday, 10th March 2006.

                                                Third essay deadline: 10.00 a.m. on Monday, 24th April 2006.

                                                Fourth essay deadline: 10.00 a.m. 29th May 2006

                                              Module teachers will distribute information about the assessment requirements for their modules well in advance of these deadlines.

                                              DISSERTATIONS (FOR BOTH LLM PROGRAMMES)

                                              All LLM students are required to complete a supervised dissertation of 8,000-10,000 words for the IEL Programme and a maximum of 8,000 words for the IDLHR Programme on a topic related to their programme of study. You will receive guidance on the process of dissertation writing in the Legal Research and Writing Skills module. You are encouraged to begin thinking about dissertation topics as soon as possible. In the Spring Term you will be asked to identify the general area in which you propose to conduct research for your dissertation and you will be allocated a dissertation supervisor. The next step towards completion of your dissertation is the preparation of a 2,000-word dissertation research proposal. Your proposal will be marked and account for 10% of the total marks available for the dissertation.

                                                • The deadline for submission of dissertation research proposals is 10.00 a.m. on Monday, 22nd May 2006.

                                                Your 8,000-10,000-word dissertation will then be completed during the period between May and September.

                                                  • The deadline for submission of dissertations is 12 noon on Monday, 4th September 2006.

                                                  PERMITTED WORD LENGTH FOR ASSESSED WORK

                                                  The prescribed word length for an essay is the maximum permitted. The maximum length includes text, author-date references, footnotes, endnotes or tables prepared by students. The maximum length does not include bibliography or appendices which consist of material such as text of cases, legislation, questionnaire forms, maps, imported statistical or other tables, photographs etc.

                                                  Students should clearly indicate the exact total word length on the forms for the submission of work including footnotes etc. as calculated by using the word count facility in the word processor employed. A false indication of word length will constitute cheating and will be penalised as such.

                                                  The examiners will not give any marks for words used beyond the permitted length.

                                                  6.2 Procedures for Submission of Written Work

                                                  All assessed written work must be submitted to the Postgraduate Office in the Law School (Room S1.21). Whenever you submit written work you must make sure that its pages are numbered and stapled together, or put in a folder so that loose pages cannot fall out. You must also complete and attach the Law School cover sheet to the front of your written work – otherwise your work will not be accepted. These cover sheets, together with receipt forms can be obtained from the Postgraduate Secretary (Room S1.21).

                                                  Whenever you submit written work to the Postgraduate Office, you will be issued with a receipt. You should keep your receipt safely as evidence of submission. Please remember that in case of any dispute about submission it will be your responsibility to prove that you have submitted work before the deadline (i.e. by producing your receipt).

                                                  You must NOT:

                                                    • Ÿ Submit assessed work to a member of academic staff;

                                                      Ÿ Place assessed work in staff pigeonholes;

                                                      Ÿ Leave assessed work in an academic staff member’s room while s/he is out; or

                                                      Ÿ Push assessed work under a locked office door.

                                                    You are required to submit one copy of each piece of written work (except your dissertation – see below), but you should also keep a copy for your own records. You must submit two copies of your dissertation in soft binding (Lazerlizard offers a soft binding service: http://www.warwick.ac.uk/services/retail/lazerlizard.html). We also require a copy of your essays and dissertation in digital format in accordance with instructions to be provided.

                                                    If you have completed an essay or your dissertation before the relevant deadline, there is no need to wait until the deadline to submit your work.

                                                    6.3 Late Submission and Extensions

                                                    The Law School adopts a strict approach to the application of deadlines. Failure to submit work in accordance with any deadline will result in a reduced mark for the relevant piece of work, unless you have an approved extension (see below).

                                                    The University rule is that any assessed work submitted late without an approved extension should receive a reduction of 3% per day or part of a day that a piece of work is overdue. {Please note that this deduction does NOT apply to take home examinations, which must be returned by the specified deadline. Failure to do so may result in the student receiving no credit for the examination}.

                                                    If you are unable to complete written work in accordance with a deadline, you may apply for an extension. If you know you are going to be late, you should always show your module teacher what you have done by the deadline, even if your essay is only part-written or in draft form. You will get marks for work you have done by the deadline (even if incomplete), provided you can prove what you have done before the deadline.

                                                    If you are in fact late with a piece of work, you should still submit it; your work will always be accepted and marked, though the full marks will count in the normal way only if you have successfully applied for an extension.

                                                    If you need to apply for a deadline extension, you must complete a deadline extension form (available from the Postgraduate Office in the Law School). You can apply as long as you wish before the final deadline in question, or up to three working days after it.

                                                    Note carefully the following specific points on extensions:

                                                    (a) In order to be fair to all students, there is a set procedure for the granting of extensions. Only the Directors of the Programmes, acting on behalf of the School Chair (Professor Roger Burridge) have the authority to grant extensions.

                                                    (b) Extensions are granted only for unforeseen events, such as illness or bereavement. All applications must be supported by documentation of your reasons for requiring an extension, so for illness you must, if possible, get a note from a doctor or hospital. Please note that a certificate signed by yourself is not sufficient evidence. Even if you have been ill, you will not automatically get an extension; you should therefore plan to finish pieces of work well before the deadline if you can.

                                                    (c) The extension form requires you to get the comments of the module teacher or your personal tutor. If you have their support, your chances of being given an extension are increased. You will be more likely to have their support if you have kept them informed about the background to your difficulties with assessed work.

                                                    (d) You will not be given an extension where you have failed to plan your work pattern adequately, with the result that the assessed work is late. In particular, extensions will not be granted in cases where late submission is attributable to computing or printing difficulties. You should ensure that you make adequate back-up copies of any work produced in digital format and that you leave sufficient time for printing the final version of your work.

                                                    (e) If, looking ahead, you realise that you are not going to get a particular piece of work done in time, do not hesitate to talk to your personal tutor to discuss your chance of an extension long before the deadline actually arrives.

                                                    (f) If you are given an extension you must attach a completed cover sheet to your work before handing it in with your approved extension form and obtain a receipt.

                                                    If you apply for an extension and are refused, or even if you do not apply, you may still ask your Board of Examiners to take into account the marks you would have received, had your work not been late. To do this, write a note asking for this with your reasons and hand it to the Postgraduate Secretary (Room S1.21) who will make sure it is submitted to the Board of Examiners.

                                                    6.4 Marking of Assessed Written Work

                                                    It is Law School policy to mark all assessed work within eight weeks of the date of submission. However, the Law School applies a system of double marking to all assessed work. The marking process is therefore complicated and may take a little longer for modules with large numbers of students, or in cases where a member of academic staff involved in the marking process is away from the University for any reason.

                                                    You will be given a mark for your work, together with comments from the internal markers. Note that module teachers will not enter into any negotiation with students over marks.

                                                    Please note that the marks given to you during the year for your essays and examinations are provisional marks. All provisional marks for essays, examinations and the dissertation are subject to the approval and moderation of the external examiners and the Board of Examiners and may be changed. The Board of Examiners will meet in late November or early December 2006. You will be notified of your final mark shortly after the Examination Board meeting.

                                                    The marking scheme adopted by the Law School is set out overleaf. This scheme specifies the main criteria and standards applied in marking written work.

                                                    MARKING SCHEME FOR TAUGHT LLM PROGRAMMES






                                                    70% and above

                                                    Comprehension

                                                    Analysis

                                                    Critique

                                                    Presentation

                                                    Use of wide range of relevant sources, well understood and fully appreciated

                                                    Excellent answer to question. Locates suitable concepts and makes comprehensive assessment of issues involved. Understand the relevant theories and applies them to answering the question.

                                                    Ability to set sources and view points in context and evaluate contributions. Methodological awareness and theoretical appreciation

                                                    Well structured and planned. Clear, articulate style (with good spelling, grammar and syntax). Proper referencing and bibliography. Confident presentation and appropriate length.






                                                    60% - 69%

                                                    Comprehension

                                                    Analysis

                                                    Critique

                                                    Presentation

                                                    Good understanding of main sources, well summarised and used in a relevant way.

                                                    Competent answer to the question bringing out useful points and substantiating them. Use of theoretical models in a relevant way to answer the question. Presentation of arguments and intelligent comments relevant to the question.

                                                    Appreciation of main issues and ability to make appropriate critical points. Sensible commentary on evidence and materials used.

                                                    Competent structure. Clear presentation (including good spelling, grammar and syntax). Proper referencing and bibliography. Control of length.






                                                    50% - 59%

                                                    Comprehension

                                                    Analysis

                                                    Critique

                                                    Presentation

                                                    Understanding of the literature and fair range of source material consulted.

                                                    Limited use and understanding of theoretical models. Presentation of arguments and intelligent comment relevant to the question.

                                                    Sensible commentary on evidence and materials used.

                                                    Coherent presentation. Satisfactory spelling, grammar and syntax. Satisfactory referencing and bibliography.

                                                    LLM PASS MARK = 50%






                                                    40% - 49%

                                                    Comprehension

                                                    Analysis

                                                    Critique

                                                    Presentation

                                                    Some evidence of reading and understanding.

                                                    Some relevant concepts used but inadequately appreciated. Presence of inappropriate arguments.

                                                    Mainly descriptive, derivative and unsubstantiated points. Uncritical.

                                                    Inadequate presentation. Too many spelling, grammatical and typographical errors. Inadequate referencing.






                                                    Below 40%

                                                    Comprehension

                                                    Analysis

                                                    Critique

                                                    Presentation

                                                    Few relevant sources used. Poor understanding.

                                                    Lack of analytical approach. Purely descriptive account. Often the question has been ignored or badly misunderstood.

                                                    Irrelevant comments. Lack of critical or appreciative framework.

                                                    Unstructured presentation, lack of coherence, page referencing, etc.

                                                    SECTION 7

                                                    INTERNATIONAL ECONOMIC LAW: PROGRAMME OF STUDY

                                                    7.1 Course Aims

                                                    The International Economic Law (IEL) programme aims to offer a theoretical and practical introduction to the main legal issues arising from the globalisation of the world economy. It examines both the wider issues of governance of the world economy and the specific legal issues arising from various types of international business activity.

                                                    Through the Core and Optional Modules, the International Economic Law programme at the macro-level considers the legal implications of the changing roles of international economic institutions in the global and regional contexts. At the micro-level, students examine legal aspects of the various forms of international business transactions from the simple international sales contract to more complex arrangements such as joint ventures and project finance. A special concern is to explain the interplay between international and national regulatory frameworks, which is fundamental to an understanding of the globalisation of economic law.

                                                    7.2 Course Structure

                                                    All students taking the LLM in International Economic Law are required to complete:

                                                      • Ÿ Core Module in International Economic Law;

                                                        Ÿ Legal Research and Writing Skills Module;

                                                        Ÿ Optional Modules yielding a total of 80 CATS* of which at least 40 must be from modules chosen from the list of International Economic Law modules (below); and

                                                        Ÿ Dissertation (8,000-10,000 words).

                                                      (* CATS = Credit Accumulation and Transfer Scheme. CATS points reflect the weighting given to each module or other element of a degree programme. Within the framework of the LLM/Postgraduate Diploma, a module that is taught over two terms is allocated 40 CATS and a module that is taught over one term is allocated 20 CATS.)

                                                      Students can, if they wish, select an optional module from those offered by the International Development Law and Human Rights programme (see Section 8 below). Students who wish to select an option from the approved non-law options must seek prior approval of the Course Director. The approved non-law options are as follows:

                                                        • Ÿ International Political Economy (Politics and International Studies Department)

                                                          Ÿ Global Finance (Politics and International Studies Department)

                                                        With special authorisation from the Director of the Programme, students can also select an option from any other postgraduate option offered by a Department within the Faculty of Social Studies.


                                                        Optional Modules

                                                        CATS

                                                        Autumn Term

                                                         

                                                        International Aspects of Corporate Law & Governance

                                                        20

                                                        European Union Law

                                                        20

                                                        International Corporate Finance

                                                        20

                                                        Pensions, Investment and Regulation

                                                        20

                                                        Legal Aspects of International Investment and Transnational Corporations

                                                        20

                                                        Spring Term

                                                         

                                                        Comparative Competition Law

                                                        20

                                                        Corporate Law & Economic Activity

                                                        20

                                                        Legal Aspects of International Business Transactions

                                                        20

                                                        Legal Aspects of International Trade and the World Trade Organisation

                                                        20

                                                        International Banking and Securities Regulation

                                                        20

                                                        International Intellectual Property Law and Policy

                                                        20

                                                        Issues in the Taxation of International Business

                                                        20

                                                        You will be required to complete an option registration form and submit this to the Postgraduate Secretary (Room S1.21) by the end of the first week of the Autumn Term. After this any changes to your option choices can be made only with special authorisation from the Course Director.

                                                        7.3 Module Descriptions

                                                        International Economic Law Core Module (40 CATS)

                                                        From an international economic law perspective, two features characterise the current process of globalisation: restructuring of international institutions and the erosion of the traditional boundaries between public and private international law. The first half of this course offers a critical overview of these developments. In this respect it concentrates, in particular, on developing an understanding of the various regulatory frameworks, formal and informal, that govern international economic relations. In addition, it places emphasis on the interpenetration between national and international law and upon the cultural, political and economic aspects that influence the resolution of international economic disputes. The second half of the course examines the international legal process by focusing mainly on the decisions of domestic and international courts. The following particular topics are covered: principles of legislative and judicial jurisdiction, conflicts or jurisdiction, choice of forum, choice of law, recognition and enforcement of judgments, state immunity, act of state, international judicial assistance and arbitration.

                                                        Legal Research and Writing Skills Core Module (12 CATS)

                                                        The Legal Research and Writing Skills module is a core component of the taught LLM programme. It is designed primarily to prepare students for the research and writing requirements associated with the dissertation element of the LLM programme. However, students will also find it useful in relation to other independent research and writing tasks encountered during the course of the programme. The aim of the module is to provide students with the knowledge and skills required to conduct research and write an academic dissertation of approximately the same length as a law review article (i.e. 8,000-10,000 words). The topics covered include: identification of suitable research issues; formulation of appropriate research questions; location, evaluation and use of relevant information sources; critical analysis of literature relevant to a chosen research topic; and development of sustained written arguments.

                                                        Comparative Competition Law (20 CATS)

                                                        This module examines competition law from the comparative perspective of laws operating in the United States and European Community. An emphasis will be placed on an understanding of the economic principles and political objectives which guide the interpretation and enforcement of these laws. Specific topics will be studied within the general themes of the legal framework, institutions and approaches to the regulation of specific anti-competitive conduct and merger regulation. The operation of these competition laws will be examined within the context of the global economy, specifically: the extraterritorial reach of competition laws; the co-ordination of international investigations through bilateral and multilateral enforcement agreements and; attempts to harmonise competition law enforcement through a ‘global competition law’.

                                                        Corporate Law & Economic Activity (20 CATS)

                                                        (This course will be taught in Term 2)

                                                        This course is open to those who have studied International Aspects of Corporate Law and Governance in the first term and to other students with the approval of course tutors (basic knowledge of corporate law will be required).

                                                        This module focuses on the relationship of corporate law to facilitating economic activity in both a developed and developing world context. The course is divided into three parts. Part I examines the role of central aspects of corporate legal regimes in the functioning of an advanced market economy. In particular, it looks at the economic impact of separate legal personality and limited liability, the separation of share ownership from managerial power and control of the company as well as the role of directors’ duties and shareholder minority protection rights in generating economic growth. Using the insights from Part I, Part II of the module looks at the development of corporate law in transition economies. It looks at the development of corporate structures, board organisation, minority protection rights and accounting and reporting in selected transition economies. Part III focuses on mergers and acquisitions. It looks at the role and legal regulation of the market for corporate control in advanced economies. In particular, it looks at the regulation of hostile takeovers in the US and the UK, regulation of the M&A process and the role of due diligence and acquisition agreements in managing the risks of an M&A transaction.

                                                        European Community Law (20 CATS)

                                                        European Community Law analyses the framework of the European Community and the history and objectives of European integration. In addition to providing a grounding in the fundamental European Community law, it presents a novel analysis of the institutions and processes of law making in the Community.

                                                        International Aspects of Corporate Law and Governance (20 CATS)

                                                        This module examines the structures of contemporary corporate governance regimes from a theoretical and international perspective. The module aims to understand the functions and objectives of corporate law and governance regimes and the alternative approaches to fulfilling such functions and objectives. The course is divided into three parts. Part I provides an introduction to the basis concepts and context of corporate law as well as looking at the evolution of corporate legal regimes and multinational corporations in different jurisdictions. In particular, it asks to what extent do and should these different regimes compete with each other and, if so, how are the interests of a company’s different stakeholders protected in this process. Parts II and III focus on the mechanisms which ensure good corporate governance. Part II of the course looks at the function and content of directors’ duties and the protection of minority shareholders in the UK, the US and Germany. Part III focuses on the governance of public companies looking in particular at issues of board composition and the regulation of the relationship between corporate gatekeepers such as auditors and the company.

                                                        International Banking (20 CATS)

                                                        The aim of the module will be to analyse the recent developments in the international financial markets and the problematic role of banking regulation within it. Beginning with an analysis of UK and EC models of banking regulation, the module will proceed with the analysis of specific issues, such as the development of mortgage backed securitisation in the US and its impact on reducing the competitiveness of commercial lending institutions. Particular attention is given to the development of the European commercial and derivatives markets. Students will be expected to work from source materials such as statutes, administrative rulings and directives, as well as case law.

                                                        International Corporate Finance (20 CATS)

                                                        The purpose of this module is to introduce students to the challenges of financing a corporation in an international investment environment. The module is taught from the perspective of the lawyer advising management and therefore, will not discuss finance theory or other aspects of corporate finance normally taught in the standard business school course (e.g., valuation, Black-Scholes, risk assessment). In the first part, the class looks at how a corporation raises capital and how financing will affect the corporation’s ownership structure, tax liabilities and legal claims. In the second part, the class focuses on the corporate finance problems associated with raising capital in the international market. Particular topics covered include securities regulation, eurobonds, global bonds and financial derivates. Students are strongly encouraged to have an understanding of company law.

                                                        International Intellectual Property Law and Policy (20 CATS)

                                                        This module is designed to introduce students to the framework of intellectual property from an international perspective. The first part of the module examines the political economy of intellectual property in the context of the production and use of knowledge and information in the global economy. It focuses particularly on recent moves towards international harmonisation of intellectual property protection and enforcement. The second part of the module studies specific forms of intellectual property (i.e. patents, copyright, trade marks, design rights). It analyses contemporary developments in intellectual property through detailed case studies (e.g. patenting of biotechnological “inventions”). The final part of the module examines problems associated with the enforcement of intellectual property rights in the international arena.

                                                        Legal Aspects of International Business Transactions (20 CATS)

                                                        This module aims to provide students with a firm grasp of the legal principles underpinning the main forms of international business transactions. It also enables students to gain an awareness of the development and contemporary significance of various forms of international business transactions in the context of international economic activity, as well as an understanding of the legal and regulatory problems raised by contemporary developments in international business practice. Topics covered include: exchange controls, transfer pricing and letters of credit; methods of infrastructure development and project finance; privatisation, liberalisation and deregulation; corporate and contractual forms; mergers and acquisitions; commodity agreements and international cartels; and international business dispute resolution.

                                                        Legal Aspects of International Investment and Transnational Corporations (20 CATS)

                                                        The course will address the law of international investment and how it affects transnational corporations. Key areas include: the international law of foreign direct investment, corporate governance and finance, international financial regulation and the problems of corporate fraud, market abuse and money laundering. The scope of the multi-national enterprise and the law of conglomerates will be covered. Special reference will be made to the multi-national company and international law. The analysis will be from the perspective of the EU, UK and US legal systems. Other areas emphasised will be the privatisation process, cross-border mergers and acquisitions (Joint ventures, etc.) and the arbitration of commercial and investment disputes. An important aspect of this will be regulatory competition and transnational corporate governance. Theories of regulatory competition and harmonisation will be explored. The impact of globalisation and economic integration on corporate law systems and governance will be analysed. Other issues addressed will be the emerging international law of corporate governance and influence of international human rights law and norms on corporate governance strategies and management.

                                                        Legal Aspects of International Trade and the World Trade Organisation (20 CATS)

                                                        This module examines the theoretical and policy framework of international trade and the role of law in the international trading system with particular reference to the World Trade Organisation (WTO). It explores the issues underlying the tension between unilateralism and multilateralism, as well as the conflict between liberalisation and protectionism. It also assesses the bearing that globalization is having on the international trading system and examine the links between international trade and development. Finally, it seeks to understand the relationship between national legal systems and international trade rules. The module begins by examining the concepts of free trade and fair trade. It then considers the following topics: the evolution of the international regulation of international trade; contemporary debates about trade, investment and development; the structure and functions of the WTO and the Dispute Settlement Understanding; unfair trade – dumping and subsidies; the managements of free trade – official and unofficial safeguards; economic sanctions and the international trading system; and protectionism in the agricultural sector.

                                                        Issues in the Taxation of International Business (20 CATS)

                                                        This module considers national and international approaches to taxation in the context of changing patterns of global trade and development. It looks at the economic and political aims underlying the choice of fiscal policy in a variety of contexts and seeks to demonstrate the reactive nature of much current tax legislation. Particular issues of current importance in the international field are addressed, such as the tax treaty system, tax havens and transfer pricing.

                                                        Pensions, Investment and Regulation (half option, 20 CATS)

                                                        Pensions can be used to promote people’s welfare and financial markets. This module looks at these and other aspects of pension systems, including elimination of sex discrimination. Pensions in all parts of the world will be covered. Special attention will be given to recent changes in developing and transition economies. These changes have far-reaching implications for people’s welfare and the globalisation of financial markets. The first part of the module provides a legal and policy framework for looking at pensions. The second part examines the impact of pensions on international competitiveness and saving. The third part looks at pension fund investment and at ways of regulating pension provision to ensure people receive their pension on retirement. The final part of the module investigates gender, peace and other social issues raised by pension provision in various parts of the world.

                                                        Non-law options

                                                        Global Finance (full option, 40 CATS)

                                                        Global finance is big business. Around $2 trillion is traded in the foreign exchange markets each day. In this new world order, capital moves from one location to another increasingly unhindered by states. Rating agencies issue edicts on the bonds of foreign governments, affecting the cost of borrowing and thus the lives of millions. Investors and speculators appear to drive social and political change, influencing policy in developed and developing countries alike. On what seems like a weekly basis, the IMF and the US Treasury develop and impose restructuring plans on nations caught up in financial crises, with significant social and political implications. This module, informed by a mix of International Political Economy and social theory, is organized around two-hour student-based seminars. After some consideration of ways of theorising global finance, the module examines a series of significant issues. These include the re-emergence of international capital mobility, disintermediation, the growth of the capital markets and financial innovation. The module also considers the role of government in a system of global capital flows, the potential for global or multilateral governance, surveillance and evaluation systems (including the IMF and the credit rating agencies), financial crises and responses, and the nature of financial communities and their social and political interests. The final section considers the democratic implications of the re-emergence of global finance. All students prepare class presentations which form a fundamental part of the weekly seminar, in addition to reading, class participation and written work.

                                                        International Political Economy (full option, 40 CATS)

                                                        This module covers aspects of the discipline of International Political Economy. The emphasis will be placed on a thorough analysis of the theoretical literature, with a view to understanding the various approaches to the discipline on the one hand, and a survey of contemporary issues in international political economy in the post-war period, on the other. These issues will include the problem of industrial adjustment and world trade, multinational production, monetary issues, and financial markets, and will principally concern the countries of the industrialised world. The module will also take a brief look at the Nineteenth Century and the interwar periods and will present some in-depth material (special topics) corresponding to the current research interests of the module instructors. The first term will be largely devoted to the theoretical material, and the second to empirical analysis. Care will be taken to tie these two parts of the module together, emphasising the linkages between domestic and international factors in explaining outcomes in the world political economy.

                                                        7.4 Learning Outcomes

                                                        The International Economic Law programme provides opportunities for students to develop and demonstrate knowledge and understanding, skills and other attributes in the following areas:

                                                        (a) Subject knowledge and understanding

                                                          • Ÿ Knowledge and understanding of the principal features of international economic law, including the main international economic institutions and sources of law.

                                                            Ÿ Knowledge and understanding of a range specialist subjects within the field of international economic law.

                                                            Ÿ Understanding of the development of international economic law through a variety of mechanisms both domestic and international, such as the decisions of courts, the enactment of legislation, policy debates and the implementation of treaties and conventions.

                                                            Ÿ Understanding of the economic, political, and social underpinnings of international economic law.

                                                            Ÿ Understanding of international economic law in comparative perspective, including the ways in which similar problems are addressed in different ways in different jurisdictions, and the ways in which different legal cultures and frameworks (as well as political and economic contexts) affect the operation of law in different jurisdictions.

                                                          (b) Key Skills

                                                            • Ÿ Ability to present material in a style and format appropriate to a given task.

                                                              Ÿ Ability to write fluently and present academic arguments with clarity.

                                                              Ÿ Ability to identify, collate and calculate relevant numerical information and use it to sustain an argument.

                                                              Ÿ Ability to generate wordprocessed documents.

                                                              Ÿ Ability to use electronic information sources and other www resources.

                                                              Ÿ Ability to work collaboratively to achieve set tasks, such as conducting debates or negotiations.

                                                              Ÿ Ability to work independently in planning and managing tasks with limited guidance.

                                                              Ÿ Ability to work to set deadlines.

                                                              Ÿ Ability to reflect and build on earlier learning and achievement.

                                                              Ÿ Ability to conduct independent research and present research findings in a variety of ways.

                                                            (c) Cognitive Skills

                                                              • Ÿ Ability to identify legal and non-legal information according to its relevance and importance.

                                                                Ÿ Ability to synthesise legal and non-legal information and use it to sustain an argument.

                                                                Ÿ Ability to analyse and evaluate legal and non-legal material (including case reports, legislative material, policy documents, theoretical writings, and research studies), and apply this information in carrying out legal analysis.

                                                                Ÿ Ability to critically evaluate areas of international economic law in terms of their doctrinal and theoretical coherence and their effectiveness in achieving their explicit and implicit objectives.

                                                              (d) Subject Specific Skills

                                                                • Ÿ Ability to apply conceptual and doctrinal legal knowledge to factual situations to solve problems within the field of international economic law.

                                                                  Ÿ Ability to use legal and non-legal material in presenting legal arguments.

                                                                  Ÿ Ability to relate theoretical and abstract concepts to areas of legal knowledge.

                                                                  Ÿ Ability to locate and use relevant primary materials (both legal and non-legal), including research papers and official reports.

                                                                  Ÿ Ability to identify and engage with contemporary debate relevant to areas of international economic law under study.

                                                                  Ÿ Ability to use electronic legal information sources such as WESTLAW.

                                                                  Ÿ Ability to write a fluent and sustained academic legal argument.

                                                                  Ÿ Ability to understand and use appropriately legal language and terminology.

                                                                  Ÿ Ability to use correct methods of citation and referencing for legal and non-legal materials.

                                                                7.5 Postgraduate Diploma in International Economic Law

                                                                The Law School also offers a taught course programme, given over two terms (approximately 7 months), leading to a Diploma in International Economic Law. Students taking this programme will follow the same plan of study and must meet the same academic standards as students enrolled in the International Economic Law LLM programme, except that Diploma students will not be required to write a dissertation.

                                                                Diploma students accordingly must take the Core Module in International Economic Law and Optional Modules yielding a total of 80 CATS of which at least 40 must be from modules listed in Section 7.3 above. Students can, if they wish, select an optional module either from the approved non-law options or from those offered by the International Development Law and Human Rights Programme.

                                                                7.6 Transfer onto LLM in International Economic Law

                                                                A student may be permitted to transfer onto the International Economic Law programme, subject to the recommendation of the Course Director and the approval of the Chairman of the Board of Graduate Studies.

                                                                SECTION 8

                                                                INTERNATIONAL DEVELOPMENT LAW AND HUMAN RIGHTS: PROGRAMME OF STUDY

                                                                8.1 Course Aims

                                                                The International Development Law and Human Rights programme aims to resituate our understanding of 'development' in terms of international and global law including human rights and approaches to global justice. It focuses on the concerns of the Global South as well as newly industrialising and transitional countries.

                                                                The programme is designed to provide an understanding of law, development, rights, governance, and justice issues and will entail recourse to some high political, social, moral and feminist theory. We believe in the power of the maxim that insists that nothing is more practical than a good theory.

                                                                At the same time, the programme in its teaching and evaluation methods is designed to ensure the development of skills and competences in: social and legal policy analysis, governance reform, including constitutional and legal reform, reflexive public advocacy or cause lawyering, and working with people's movements.

                                                                Overall, the programme seeks to create both theory based understanding of the role of law in global social transformation and a 'hands-on' skills approach to problem-solving. We see the combination of rigorous analysis and practical application as a distinctive but essential approach to contemporary global legal developments.

                                                                The programme is also designed to enable students to specialise in one (or two) areas of interests. Students can choose from four ‘clusters’: on globalisation, governance, gender or comparative human rights.

                                                                The new degree will allow you to:

                                                                  • Core Modules

                                                                  § develop your knowledge of key areas of international development law and human rights

                                                                  § develop both theory and practice skills in these areas

                                                                  § specialise if you wish in a particular area of study within the overall degree – you can choose from one of four ‘clusters’ on globalisation, governance, gender or comparative human rights or if you prefer to combine two clusters


                                                                  LA951

                                                                  Theory and Practice in International Development Law and Human Rights

                                                                   
                                                                   

                                                                  Coursework Assessed Element

                                                                  20 cats

                                                                   

                                                                  Dissertation of 8,000 – 10,000 words

                                                                  40 cats

                                                                    • Optional Modules


                                                                     

                                                                    Comparative Human Rights Cluster

                                                                       

                                                                    LA962

                                                                    Theories and Histories of Human Rights

                                                                    15

                                                                     

                                                                    LA963

                                                                    International and Regional Human Rights Regimes

                                                                    15

                                                                     

                                                                    LA961

                                                                    International Humanitarian Law, Armed Conflict and Human Rights

                                                                    15

                                                                     

                                                                    LA960

                                                                    Contemporary Problems in Human Rights

                                                                    15

                                                                     
                                                                     

                                                                    Gender Cluster

                                                                       

                                                                    LA965

                                                                    Gender, Law and Poverty

                                                                    15

                                                                    LA966

                                                                    Legal Feminism and Gender Justice

                                                                    15

                                                                    LA964

                                                                    Gender, Law and Global Economy

                                                                    15

                                                                    LA967

                                                                    Women’s Rights and Global Justice

                                                                    15

                                                                     

                                                                    Globalisation Cluster

                                                                     

                                                                    LA956

                                                                    Global Law in the Making

                                                                    15

                                                                    LA959

                                                                    Technologies and Materialities of Globalisation

                                                                    15

                                                                    LA957

                                                                    Global Politics and Law: Culture, Identities and Resistance

                                                                    15

                                                                    LA958

                                                                    Approaches to Global Justice

                                                                    15

                                                                     

                                                                    Governance Cluster

                                                                     

                                                                    LA955

                                                                    Governance, Democratisation and Accountability

                                                                    15

                                                                    LA953

                                                                    Global Economic Governance

                                                                    15

                                                                    LA954

                                                                    International Law and Global Security

                                                                    15

                                                                    LA952

                                                                    Civil Society and Activism

                                                                    15

                                                                    The modules for this course of study will be tested by either assessed essay, written exercise, examination, oral presentation, portfolio presentation or project work or by such combination of these as shall be approved by the School of Law and announced at the beginning of the academic year.

                                                                    8.2 Course Structure

                                                                    The essential requirements of the programme are as follows:

                                                                      • Ÿ Gender, Imperialism and International Development (20 cats)

                                                                        Ÿ Gender and International Migration (20 cats)

                                                                      § All students will be required to take the Theory and Practice in International Development Law and Human Rights module.

                                                                      § All students are normally required to take 8 optional modules (each lasting 6 weeks and each equivalent to 15 cats* or a total of 120 cats*) from those available within the four clusters.

                                                                      § Students wishing to take the degree with a specialism will be required to take a minimum of 3 modules in their chosen cluster (including the module identified as mandatory) plus 5 further modules from any other cluster. They will also be required to complete the dissertation in their area of specialism.

                                                                      § Students wishing to take a specialism in two areas will be required to take a minimum of 3 modules in each specialism (to include both identified mandatory modules)plus 2 further modules. They will also be required to complete a dissertation related to the specialisms concerned.

                                                                      § All students will be required to complete a dissertation, normally of 8,000 to 10,000 words.

                                                                      § Students may substitute up to 30 cats of the required 120 with courses from other Law School Programmes or courses offered in the Faculty of Social Studies with the consent of the Director of the IDLHR Programme. Non-law options which have been approved in the past have included

                                                                      (* CATS = Credit Accumulation and Transfer Scheme. CATS points reflect the weighting given to each module or other element of a degree programme. Within the framework of the LLM/Postgraduate Diploma, a module is allocated 15 CATS. Please note that courses in other Programmes such as IEL are allocated 20 CATS. Students may with the requisite permission exceed the number of CATS required for the degree.)

                                                                      You will be required to complete an option registration form and submit this to the Postgraduate Secretary (Room S1.21) by the end of the first week of the Autumn Term. After this any changes to your option choices can only be made with special authorisation from the Course Directors.

                                                                      8.3 Module Descriptions

                                                                      Please note that mandatory modules for those taking a specialism in one or two clusters are marked with an *

                                                                      Cluster One: COMPARATIVE HUMAN RIGHTS

                                                                      Module 1: Theories and Histories of Human Rights* (15 CATS)

                                                                      This module explores normative and historical approaches to the making of the modern international law of human rights in the context of the contributions made by the Global South. The key thematics are: (i) the place of human rights within the Westphalian international structure; (ii) the birth and growth of the right to self-determination amidst struggles against colonialism and imperialism; (iii) human rights during the Cold War; (iv) the emergence of the International Bill of Human Rights; (iv) justifications for human rights with particular reference to socialist, feminist, critical race theory, and ecological critiques, and; (v) the changing languages of human rights, such as the movement towards human capabilities/flourishings.

                                                                      Convenor: Dr Sammy Adelman

                                                                      Module 2: International and Regional Human Rights Regimes (15 CATS)

                                                                      This module provides a lawyerly grasp of existing international and regional human rights regimes. In particular, it explores: (i) the jurisprudence of the United Nations Human Rights Treaty Bodies; (ii) differential normative features of the international and regional articulations of human rights values, norms, and standards; (iii) select aspects in the interpretation and enforcement of regional human rights instruments, and; (iv) the contribution of the International Court of Justice to human rights law and jurisprudence.

                                                                      Convenor: Professor Shaheen Ali

                                                                      Module 3: International Humanitarian Law, Armed Conflict and Human Rights (15 CATS)

                                                                      This module addresses the evolution of the doctrines of 'just war' (from Hugo Grotius to John Rawls) and the specific regimes fobidding/regulating the unilateral use of force in international relations. The customary right to self-defence and doctrines of 'humanitarian' intervention are discussed. The module addresses the 'crisis' of international humanitarian law in the context of the post-Westphalian order, and the 'war on terror' in the context of recent developments in international criminal law, including the establishment of the International Criminal Court and other ad hoc criminal tribunals established by the Security Council. The intentions and impacts of various truth and reconciliation commissions are examined.

                                                                      Convenor: Dr Andrew Williams

                                                                      Module 4: Contemporary Problems in Human Rights (15 CATS)

                                                                      This module offering will vary annually in the context of developments that mark the crisis of human rights. The core content, however, will be provided by a focus on: (i) the globalisation of international criminality in its impact on human rights protection and promotion, (ii) the evolving jurisprudence of the rights of indigenous peoples; (iii) regimes for protecting the human rights of refugees and stateless persons, and (iv) the negative and positive impacts of contemporary economic globalization on human rights.

                                                                      Convenor: Professor Istvan Pogany

                                                                      Cluster Two: GENDER

                                                                      Module 1: Gender, law and the Global Economy (15 CATS)

                                                                      This module aims to provide a thorough understanding of the impact of global trade on gender relations with particular reference to the role of law. It also aims to examine the legal dimensions that impact on gender relations and trade in particular the range of approaches used to tackle economic and social inequality.

                                                                      Convenor: Ann Stewart

                                                                      Module 2: Gender, Law and Poverty (15 CATS)

                                                                      The module will critically assess and analyse the contribution of law to gender equity. It examines the importance of ideology, religion, custom and tradition in analysing the way in which gender affects access to resources and the contribution that law has made to structuring this access.

                                                                      Convenor: Dr Reena Patel

                                                                      Module 3: Legal feminism and gender justice* (15 CATS)

                                                                      This module provides a thorough overview of feminist jurisprudence with a particular emphasis on scholarship devoted to issues in the global south and also on the contribution of feminist analyses to development policy and practice. The module will also emphasise critical awareness of analytical approaches.

                                                                      Convenor: Ann Stewart

                                                                      Module 4: Women’s Human Rights and Global Justice (15 CATS)

                                                                      This module combines a critical engagement of human rights instruments and institutions for the protection of women's human rights and mechanisms with thematic case studies examining women's rights in local, regional and global contexts. It provides a framework for feminising international law theory and contemporary human rights discourse and highlights an alternative language of human capability and entitlements. Specific topics include case studies on women’s human rights to employment, security rights, reproductive rights and identity rights. In particular, the module addresses the rightlessness of women implicated in civil strife and post conflict situations.

                                                                      Convenor: Professor Shaheen Ali

                                                                      Cluster Three: GLOBALISATION

                                                                      Module 1: Global Law in the Making (15 CATS)

                                                                      This module addresses the silent histories and achievements of international law of co-operation that make routinely possible the orderly flows of transport and communication, trade and commerce, and the making of international law of sustainable development such as the Antarctica Regime, the regimes of peaceful uses of the outer space, and the law of seabed and ocean floor resource management. It addresses the following thematics: (i) patterns of international co-operation in the investigation and prosecution of organised global criminality; (ii) problems of international judicial co-operation; (iii) the changing patterns of international lex mercatoria regimes, and (iv) the agendum of national law and adjudicative reform under the auspices of the ideologies of 'good governance.' The role of human rights NGOs and social movements will provide an additional specific focus.

                                                                      Convenor: Dr Jayan Nayar

                                                                      Module 2: Technologies and Materialities of Globalisation (15 CATS)

                                                                      This module explores the nature and careers of the digital and biotechnology revolutions, with their differential North/South impacts. It places particular emphasis on feminist, ecological and related aspects of human rights aspects. It focuses. inter alia. on: (i) the theory and practice of global public goods; (ii) democratisation, including the new enclosures, of public domains; (iii) human cloning and reproductive technologies; (iv) animal rights movements, and; (v) the emerging regimes of the 'common heritage of humankind.'

                                                                      Convenor: Professor Abdul Paliwala

                                                                      Module 3: Global Politics and Law: Culture, Identity, Resistance (15 CATS)

                                                                      The principal focus of this module concerns the politics of identity and difference, the so-called 'recognition/redistribution dilemma.' In particular, we focus on: (i) the problematic of the human rights of cultural, linguistic, and religious 'minorities'; (ii) the de-juridicalisation of labour rights and re-juridicalisation of property rights in the contemporary practices of globalisation; (iii) fundamentalist assertions of historic/primordial identities and practices of political nostalgia, and; (iv) human rights oriented approaches to despised sexualities. The human rights and 'development' costs of recourse to militant means and the related technologies of public protest provide a specific narrative concern.

                                                                      Convenor: Dr George Meszaros

                                                                      Module 4: Approaches to Global Justice* (15 CATS)

                                                                      This course explores the emergent discourse concerning global justice. In particular, it addresses the debate between libertarian, utilitarian, and cosmopolitan approaches in the specific contexts of reparative and redistributive international justice. It relates human rights to impoverishment and traces the recent histories of de-globalisation movements. The course focuses on specific case studies such as the debt cancellation movement, the human rights costs of structural adjustment programmes, contestation over the impact of mega-irrigation projects, the civilian uses of nuclear energy, aspects of the emergent norms concerning sustainable development, including biodiversity regimes, and impoverishment as an issue of global justice.

                                                                      Convenor: Professor Upen Baxi

                                                                      Cluster Four: GOVERNANCE

                                                                      Module 1: Governance, Democratisation and Accountability (15 CATS)

                                                                      This module considers notions of legitimate governance and subjection, crystallised in constitutional theory and practice. In particular, it explores South constitutionalisms in the context of the impact of multilateral and bilateral treaties of trade, commerce, and investment on national policymaking and adjudication. Specifically addressed areas are: democratisation, public accountability and governance transparency, civil service and judicial reform, agrarian reform law, and administration and public health services management from the perspective of human right to health.

                                                                      Convenors: Professor Abdul Paliwala, Dr George Meszaros

                                                                      Module 2: Global Economic Governance* (15 CATS)

                                                                      This module addresses some theoretical approaches to the study of the relationship between law and economic development, especially tasks of governance entailed in global public goods. Detailed analysis will be made of economic liberalisation, in particular the roles of the WTO and transnational corporations. Detailed case studies of national resources and economic regulation policies, including areas such as biodiversity policy, the regulation of land, forests, water, and related energy and telecommunications resources will be discussed in the context of the impact of international, regional and national institutions.

                                                                      Convenor: Professor Abdul Paliwala

                                                                      Module 3: International Law and Global Security (15 CATS)

                                                                      This module draws on theoretical discourses from the fields of international relations and strategic studies to explore both conceptions of security in its conventional sense as well as human security from the perspectives of law, international development and human rights. Example areas for discussion include: ethnic conflicts, United Nations enforcement action under Chapter VII UN Charter, humanitarian intervention, and post conflict management. The ‘war on terror’ will also be a subject for study. The module will further analyse the alternative ‘security agenda’ emanating from the South that is primarily concerned with food, health and poverty.

                                                                      Convenor: Dr Jayan Nayar

                                                                      Module 4: Civil Society and Activism (15 CATS)

                                                                      The aim of this module is to examine the changing role of non-governmental public action in the nation state within an environment of globalisation. The strategies and tactics of the deglobalisation movement, the impact of “resistance from below”, and the development of new social movements will be addressed through case studies on NGOs, and new social movements. The influence of new technologies will also be examined as will the role of legal and judicial activism in achieving social change.

                                                                      Convenor: Dr George Meszaros

                                                                      Recommended Non –law options

                                                                      Gender, Imperialism and International Development (20 CATS)
                                                                      Black feminists in the West and in ‘Third World’ countries have made a sustained critique of Western feminist theory and practice. The course will look at the connections between gender and imperialism as a means of understanding this critique, which will also help in understanding the distinct analyses and forms of resistance developed by feminists in the ‘Third World’ countries. Various explanations of gender relations in the ‘Third World’ will be examined, focusing on issues such as employment and sexuality. The second half of the course will look at women’s resistance in the movements for national liberation, and the relationship between feminism and nationalism. It will examine the place of women, and feminism, in the post-imperialist state, and will assess the possibility of an autonomous women’s movement in the context of both socialism and nationalism.

                                                                      Gender and International Migration (20 CATS)

                                                                      Until recently the migration literature has been ‘gender-blind’, ignoring or obscuring the extent to which gender matters in processes and experiences of population movement. Using case studies from around the world, this course highlights the importance of gender migration, both in terms of strategic concerns to ‘write women in’ and insights into policies relating to migration derived from a gendered approach. A focus on migration is particularly productive because it inevitably sheds light on several other processes important in the study of gender and development, including agrarian change, capitalist development, colonialism and post-colonialism, poverty, racism, conditions of mass distress (war, famine, flood) and the global trafficking of women. It also provides an opportunity to explore shifts in the divisions of labour, power, income and status between men and women, and to analyse these in comparative perspective.

                                                                      8.4 Learning Outcomes

                                                                      The course provides opportunities for students to develop and demonstrate knowledge and understanding, qualities, skills and other attributes in the following areas.

                                                                      (a) Subject knowledge and understanding

                                                                        • Ÿ Knowledge and understanding of the key theoretical and analytical frameworks in the area of law in development

                                                                          Ÿ An understanding of the relationship of law to the processes of globalisation and development

                                                                          Ÿ An understanding of the nature of law in developing contexts particularly the contribution of law to the resolution of social, economic and political issues

                                                                          Ÿ Knowledge and understanding of a range of specialist subjects within the field of law in development

                                                                        (b) Key skills

                                                                          • Ÿ Ability to present material orally in a style and format appropriate to a given task

                                                                            Ÿ Ability to write fluently and present academic arguments and critical analysis with clarity in formats appropriate to a given task

                                                                            Ÿ Ability to use electronic information sources and other www resources

                                                                            Ÿ Ability to identify, assess utility of information, and to use it to sustain argument

                                                                            Ÿ Ability to work collaboratively to achieve set tasks, such as conducting presentations, debates, negotiations and advocacy

                                                                            Ÿ Ability to work within and manage culturally diverse situations

                                                                            Ÿ Ability to work independently in planning and managing tasks with limited guidance

                                                                            Ÿ Ability to work to set deadlines

                                                                            Ÿ Ability to reflect and build on earlier learning and achievement

                                                                            Ÿ Ability to conduct independent research and present research findings in a variety of ways

                                                                          (c) Cognitive skills

                                                                            • Ÿ Ability to assess legal and non legal information according to its relevance and importance

                                                                              Ÿ Ability to collate and deploy legal and non legal material to sustain an argument

                                                                              Ÿ Ability to analyse and evaluate legal and non legal material and apply this information to carry out analysis

                                                                              Ÿ Ability to critically evaluate areas of law in development in terms of their theoretical coherence and effectiveness in achieving their explicit and implicit objectives.

                                                                            (d) Subject specific skills

                                                                              • Ÿ Ability to apply conceptual and doctrinal legal knowledge to factual situations to solve problems within the field of law in development

                                                                                Ÿ Ability to use legal and non legal material to present legal arguments suitable for a range of audiences

                                                                                Ÿ Ability to relate theoretical and analytical concepts to area of legal knowledge

                                                                                Ÿ Ability to locate and use relevant primary materials

                                                                                Ÿ Ability to identify and engage with theoretical and policy debates within the areas of law in development under study

                                                                                Ÿ Ability to use electronic legal information sources

                                                                                Ÿ Ability to identify and use appropriate methods to conduct advocacy in the areas of law in development under study

                                                                                Ÿ Ability to write fluently and sustain academic legal argument

                                                                                Ÿ Ability to present analytical materials and relate this to the legal context

                                                                                Ÿ Ability to use correct methods of citation and referencing for legal and non legal materials.

                                                                              (e) Practical Skills

                                                                                • Ability to understand practical legal and academic skills used by lawyers and development practitioners.
                                                                                • Understanding of the relationship between theory and practice; the promotion of practice informed by theory; good praxis.
                                                                                • Ability to use oral and advocacy skills appropriate to legal and developmental practice.
                                                                                • Ability to explore the practical dimensions associated with work in international development and human rights

                                                                              8.5 Postgraduate Diploma in International Development Law and Human Rights

                                                                              The Law School also offers a taught course programme, given over two terms (approximately 7 months), leading to a Diploma in International Development Law and Human Rights. Students taking this programme will follow the same plan of study and must meet the same academic standards as students enrolled in the LLM programme, except that Diploma students will not be required to write a dissertation.

                                                                                • Ÿ Gender, Imperialism and International Development (20 cats)

                                                                                  Ÿ Gender and International Migration (20 cats)

                                                                                § Diploma students accordingly must take the International Development Law and Human Rights Core Course and the 8 optional modules (120 CATS) of which at least six (90 CATS) have to be chosen from the list of International Development Law and Human Rights options listed above. Students may substitute up to 30 cats of the required 120 with courses from other Law School Programmes or courses offered in the Faculty of Social Studies with the consent of the Director of the IDLHR Programme. Non-law options which have been approved in the past have included

                                                                                8.6 Transfer onto LLM in International Development Law and Human Rights Programme

                                                                                A Diploma student may be permitted to transfer to the International Development Law and Human Rights LLM programme, subject to the recommendation of the Course Director and the approval of the Chairman of the Board of Graduate Studies.

                                                                                APPENDIX A

                                                                                UNIVERSITY OF WARWICK: HIGHER DEGREE AND COURSE REGULATIONS (EXTRACTS)

                                                                                HIGHER DEGREE REGULATIONS

                                                                                14 Regulations Governing Higher Degrees

                                                                                A. General Provisions Applying to Higher Degrees

                                                                                  • These Regulations apply to the following higher degrees awarded by the University:

                                                                                    Master of Arts (MA)
                                                                                    Master of Business Administration (MBA)
                                                                                    Master of Public Administration (MPA)
                                                                                    Master or Research (MRes)
                                                                                    Master of Education (MEd)
                                                                                    Master of Laws (LLM)
                                                                                    Master of Medical Science (MMedSci)
                                                                                    Master of Science (MSc)
                                                                                    Master or Surgery (MS)
                                                                                    Master of Philosophy (MPhil)
                                                                                    Doctor of Clinical Psychology (DClinPsych)
                                                                                    Doctor of Education (EdD)
                                                                                    Doctor of Engineering (EngD)
                                                                                    Doctor of Medicine MD)
                                                                                    Doctor of Philosophy (PhD)

                                                                                  (1) Degrees by research shall be awarded by the Senate in accordance with the decisions of the Graduate Studies Committee of the Board of the appropriate Faculty: Master’s degrees by examination or dissertation or both shall be awarded by Senate in accordance with decisions made by the Boards of Examiners. The Senate may refer back any decision of a Graduate Studies Committee and a Board of Examiners to the body concerned.

                                                                                  (2) The period of study for both full-time and part-time candidates for higher degrees shall be determined in all cases by the Senate, subject to the provisions applicable to each degree as set out below. A candidate may, with the permission of the Senate, transfer from full-time to part-time or from part-time to full-time registration.

                                                                                  (3) A candidate reading for a higher degree by research shall have a supervisor who will normally be a member of the academic staff of the University. Supervisors shall be nominated by Chairs of Departments and appointed by the Senate on the recommendation of the Board of the appropriate Faculty

                                                                                  (4) A candidate reading for a Master’s degree by examination or dissertation, or both, shall have a director of studies appointed by the appropriate Chair of the Department.

                                                                                  (5) The Senate may permit a candidate for a higher degree to spend a proportion, or in certain circumstances the whole, of the prescribed study period elsewhere than in the University under conditions approved by the Senate. The prior approval of the Senate must be obtained in each case.

                                                                                  (6) The Senate may require the terms of registration to include a probationary period, which shall not be more than half the length of the period of study.

                                                                                  (7) A thesis or dissertation shall be written in English unless the prior approval of Senate has been obtained for the use of another language. The Board of Graduate Studies will normally permit doctoral students of Modern Language Departments in the faculty of Arts to write their thesis in the language taught in that department. The primary reason for candidates writing theses in a language other than English should be that it allows a fuller historical or critical engagement with the materials discussed, and not simply that it expedes the writing process. The Board will grant this permission where such an academic rationale exists. Candidates must satisfy the Board of Graduate Studies as to competence in the English language. Modern language theses written in a language other than English should include an abstract of 1500 words in English for inclusion in the Library copy.

                                                                                  (8) A candidate will not be permitted to submit a thesis which has been or is being, submitted for a degree at another university, but he/she will not be precluded from incorporating work already submitted for a degree, provided that he/she indicates in his/her thesis any work which has been so incorporated.

                                                                                  (9) A candidate must indicate clearly the extent of any joint work included in the thesis, stating his/her share in such work. Joint work includes work undertaken with the candidate’s supervisor.

                                                                                  (10) A thesis or work submitted for examination for a higher degree by research shall include a declaration that the research has been undertaken in accordance with University safety policy.

                                                                                  (11) A full-time candidate of a research degree shall normally submit his/her thesis by the end of the prescribed period of study. Candidates for research degrees shall normally be permitted a twelve month extension after the period of study.

                                                                                  (12) A candidate who has failed to attend the prescribed classes or to complete the prescribed course work or to make satisfactory progress in regard to his/her research may be required to withdraw from his/her course of study in accordance with the Regulations Governing the Continuation of Registration of Candidates for Higher Degrees and Postgraduate Diplomas.

                                                                                  B. Provisions Applying to the Degrees of MA, MBA, MPA, MRes, MEd, LLM and MSc

                                                                                  (13) A candidate for the degree of Master of Arts, Master of Business Administration, Master of Public Administration, Master of Research, Master of Education, Master of Laws or Master of Science shall be required to pursue an approved programme of study for at least one year. The duration of the programme of study and any additional condition to be attached to a candidate’s registration shall be prescribed by the Senate at the time when his/her application for registration is approved. In the case of a Master’s degree by research, a thesis shall not normally be submitted more than two months before the end of the prescribed period of study.

                                                                                  (14) The programme of study shall consist of either

                                                                                    • (a) a course of advanced instruction followed by an examination or an examination and the submission of a dissertation, or

                                                                                      (b) supervised research leading to the submission of a thesis.

                                                                                      In the case of (a) the detailed programme of study shall be set out in the relevant programme regulations.

                                                                                    (15) A dissertation submitted in part fulfilment of the requirements for the award of a Master’s degree shall constitute an ordered, critical and reasoned exposition of knowledge in an approved field and shall afford evidence of knowledge of the relevant literature, and be submitted in accordance with the appropriate programme regulations.

                                                                                    (16) A thesis submitted in fulfilment of the requirements of a degree of Master shall be clearly and concisely written, show evidence of originality in knowledge and in interpretation, and shall also be judged on its scholarly presentation. In addition it shall contain a full bibliography. The thesis shall not exceed 40,000 words, which in the Faculty of Social Studies shall be inclusive of appendices, footnotes, tables and bibliography and in the Faculties of Arts and Science shall be exclusive of appendices, footnotes, tables and bibliography.

                                                                                    (17) A candidate may be required by the examiners to present himself/herself for an oral examination. The candidate shall be required to complete satisfactorily the oral examination, if held, in order to satisfy the requirements for the award of the degree.

                                                                                    (18) A candidate for the degree of MA, MBA, MPA, MRes, MEd, LLM or MSc may be permitted by the Senate on the recommendation of his/her Chair of Department to transfer his/her registration to the degree of either MPhil or PhD.

                                                                                    [C. – J. (not applicable)]

                                                                                    K. Additional Provisions and Variations of the Provisions Applying to Part-Time Candidates

                                                                                    (117) Registration as a part-time candidate is normally permitted only where the candidate is able to satisfy the Senate that, by virtue of being engaged in paid employment or in some other activity other than work for the higher degree for a significant part of the working week, he/she is able to study only on a part-time basis. Such a candidate will be permitted to register only as a part-time candidate.

                                                                                    (118) Permission to pursue a higher degree course part-time will be granted only to a candidate who can show that he/she is able to devote a reasonable proportion of time to the work prescribed, and to satisfy the arrangements for supervision.

                                                                                    (119) A part-time candidate is required to attend the University for such consultations and study periods as their supervisor (or director of studies) and Department may require.

                                                                                    (120) The period of study prescribed for a part-time candidate shall normally be at least two years for the degree of MA, MBA, MPA, MRes, MEd, MSc, MMedSci or LLM, at least three years for the degree of MPhil or MD, and at least four years for the degree of PhD, instead of the periods specified in paragraphs (13), (20), (34), (47), (53) and 67).

                                                                                    (121) A part-time candidate for a research degree shall normally submit his/her thesis by the end of the prescribed period of study. A candidate may, through his/her supervisor, apply to the Board of Graduate Studies for an extension of the period for submission. Applications for extensions of more than twelve months at a time will not be considered. A part-time candidate for the degree of PhD shall not normally be allowed more than seven years from initial registration for the submission of his/her thesis, a candidate for the degree of MPhil not more than six years, and candidates for other Master’s degrees not more than five years.

                                                                                    COURSE REGULATIONS FOR THE LLM DEGREE

                                                                                    (IDLHR amendments subject to approval)

                                                                                    (1) The degree of LLM is a Master’s degree by thesis alone or by a combination of examination and dissertation. The period of study normally required is twelve months full-time beginning at the start of the academic year. Special arrangements may be made for part-time students, in which case the required period of study shall be at least twenty-four months and the schedule of dates specified below concerning deadlines shall be subject to alteration.

                                                                                    (2) Entry Requirements

                                                                                      • All candidates must satisfy the Board of Graduate Studies’ requirements for entry. Normally, candidates should have obtained at least upper second class honours in a first degree in law of an approved university, or in a degree containing a substantial legal component.

                                                                                      (3) Course of Study and Examination Scheme

                                                                                      (A) Applicants accepted for admission to the LLM shall, unless expressly accepted for admission to the LLM by thesis, be admitted to the course of study for the LLM in International Development Law and Human Rights, or to the course of study for the LLM in International Economic Law.

                                                                                      (B) The degree of LLM may be obtained by any of five different methods:

                                                                                        • (i) by satisfactory completion of a thesis of a maximum of 40,000 words in length;

                                                                                          (ii) in respect of IEL only, by satisfactory completion of (a) a dissertation of between 30,000 and 35,000 words in length (140 CATS) and (b) the core module for the appropriate course of study (40 CATS);

                                                                                          (iii) in respect of IEL only, by satisfactory completion of (a) a dissertation of between 20,000 and 25,000 words in length (100 CATS); (b) the core module for the appropriate course of study (40 CATS); and (c) a further full module or two half modules from the appropriate course of study (40 CATS); or

                                                                                          (iv) in respect of IEL only, by satisfactory completion of (a) a dissertation of between 8,000 to 10,000 words (48 CATS); (b) the core module for the appropriate course of study (40 CATS); (c) the Legal Research and Writing Skills module for the appropriate course of study (12 CATS); (d) a further full module or two half-modules from the appropriate course of study (40 CATS); and (e) another full module or two half-modules chosen from any course of study within the LLM (40 CATS).

                                                                                          (v) in respect of IDLHR only, by satisfactory completion of (a) the core module (which is examined by a dissertation of 8,000 – 10,000 words (40 CATS) and other assessed work (20 CATS) (b) a further 8 optional modules equivalent to a total of 120 CATS. However, students may substitute any two of the modules in (b) (equivalent to 30 CATS) with modules chosen from another course of study within the LLM.

                                                                                          Candidates under (3)(B)(ii) or (3)(B)(iii) above, require prior approval from the Chair of the School of Law.

                                                                                        (C) Candidates reading for the degree by the third, fourth and fifth method above (3)(B)(iii) or (3)(B)(iv) may, subject to the approval of the Chair of the School, offer a suitable module in another Department or School instead of either a further module from the appropriate course of study (under (3)(B)(iii)) or a third module chosen from an appropriate course of study (under (3)(B)(iv)).

                                                                                        (D) Each candidate is, unless otherwise permitted in exceptional circumstances by the Chair of the School of Law, required to make a definitive selection of module or modules by which he or she intends to study for the LLM degree by Wednesday of the 2nd week of the first term of registration. Such selection shall be approved by the candidate’s director of studies and notified to the Postgraduate Committee of the School of Law.

                                                                                        (E) The work of candidates for the LLM will be assessed as follows:

                                                                                          • (i) Candidates for the degree by thesis alone will be assessed in accordance with the Regulations Governing Higher Degrees, Section B, paragraph 15(b).

                                                                                            (ii) The modules for any course of study will be tested by either assessed essay, examination, oral presentation or project work, or by such combination of these as shall be approved by the School of Law and announced at the beginning of the academic year.

                                                                                            (iii) Essays submitted for assessment should normally be 3,000 - 4,000 words in length except in the case of the LLM in International Development Law and Human Rights where the maximum length shall be 3,000 words.

                                                                                          (F) Candidates reading for the degree by a combination of dissertation and modules from an appropriate course of study must pass at a satisfactory standard both the dissertation and each module on the course of study.

                                                                                          (G) A candidate whose performance in a component of any module on the course of study has failed to reach the standard required to pass the course, may, at the discretion of the Board of Examiners, be given the opportunity to submit further written work of an appropriate standard and length in satisfaction of the course requirements.

                                                                                          (H) Candidates who achieve an outstanding performance may be awarded the LLM with Distinction.

                                                                                          (I) Candidates who reach an appropriate standard but who are deemed by the Board of Examiners not to have reached the standard required for the award of the LLM in a course of study may be awarded a Postgraduate Diploma in the relevant course.

                                                                                          4. Submission Dates

                                                                                          (A) A dissertation written in partial fulfilment of the requirements of an LLM degree shall be submitted on or before a date not less than two weeks before the last day of the Summer Vacation of the academic year in which the candidate first registered for the degree.

                                                                                          (B) Submission dates for essays or other assessed work in modules for any course of study shall be approved by the School of Law and announced at the beginning of the academic year.

                                                                                          (C) In appropriate cases an extension of such deadlines may be considered. Such extensions shall be granted only for good cause and in accordance with University regulations.

                                                                                          5. Transfer

                                                                                          (A) A candidate admitted initially to a specific course of study may be permitted to transfer to another course of study. Transfers to a course of study by thesis alone shall be permitted only in exceptional circumstances.

                                                                                          (B) Such transfers shall be subject to the approval of the Chair of the Postgraduate Committee and of the Chair of the School of Law and notified to the Board of Graduate Studies.

                                                                                          6. Approval of Modules for Courses of Study

                                                                                          The module(s) for any course of study shall be such postgraduate modules as are approved from time to time by the School of Law. The School of Law may also approve appropriate undergraduate honours modules in Law either for inclusion in a course of study generally, or as part of the specific module of a particular student.

                                                                                          7. Any exceptional combinations of modules, variations to assessment or course requirements, or any other derogations from these rules shall require the approval of the Senate.

                                                                                          LLM by Thesis

                                                                                          A student may proceed to the LLM by thesis alone only if expressly admitted on that basis or, exceptionally, if permitted to transfer from a taught course. The student must pursue a course of supervised research, and may be required to take a module or modules or pass examinations as specifically prescribed. The thesis shall be a maximum of 40,000 words in length; it shall meet the standard required by University regulations and be examined as prescribed in those regulations.

                                                                                          NOTE: Credit Accumulation and Transfer

                                                                                            • LLM degree = 180 credit points
                                                                                              Full Module = 40 credit points
                                                                                              Half Module = 20 credit points
                                                                                              IDLHR Module = 15 Credit points

                                                                                            APPENDIX B

                                                                                            WARWICK LAW SCHOOL CODE OF PRACTICE FOR THE SUPERVISION OF LLM DISSERTATIONS

                                                                                            A. Duties and Responsibilities of the Supervisors

                                                                                            Before agreeing to supervise an LLM dissertation project, supervisors should satisfy themselves that they have the necessary knowledge and expertise to supervise the project which the student wishes to undertake, that the project is appropriate for an LLM dissertation and can reasonably be undertaken with the resources available and in the required timescale, and that they are confident, as far as is possible, that the student has the capacity to undertake the project successfully.

                                                                                            Supervisors are expected:

                                                                                            (a) To give guidance about the identification of a suitable research topic, about the nature of research and the standard expected, about the planning and writing of the dissertation, about relevant literature and sources, and to encourage students to keep aware of all relevant developments within the subject.

                                                                                            (b) To draw the attention of students to all relevant University and departmental regulations and monitoring arrangements.

                                                                                            (c) To give advice on the necessary completion dates of successive stages of the work, agreeing objectives for each stage so that the dissertation may be submitted within the scheduled time.

                                                                                            (d) To provide advice on writing up the work, requesting written work in accordance with the Law School’s Dissertation Timetable and returning such work with constructive criticism and within reasonable time. To read through a draft of the dissertation as submitted at the end of the Summer Term and provide detailed comments.

                                                                                            (e) To maintain contact with students through regular supervisory meetings held in accordance with the Law School’s Dissertation Timetable, and other types of structured communication as appropriate.

                                                                                            (f) To inform students should they plan to be away from the University for more than one week to allow students to plan accordingly.

                                                                                            (g) To respect the contribution and intellectual property rights of the student in external output of any form emanating from the research.

                                                                                            (h) To inform students if either their progress or the standard of their work is unsatisfactory, and arrange a plan of supportive action.

                                                                                            (i) To report regularly to the Directors of the LLM programmes on each student’s progress.

                                                                                            (j) To advise students on matters of confidentiality or ethical considerations relating to particular techniques, sources or results.

                                                                                            B. Responsibilities of LLM Students

                                                                                            LLM candidates completing dissertations are expected:

                                                                                            (a) To agree an LLM dissertation topic with their dissertation supervisor.

                                                                                            (b) To discuss with the supervisor the type of guidance and comment they find most helpful, and to agree a schedule of meetings and other contact in accordance with the Law School’s Dissertation Timetable.

                                                                                            (c) To seek advice from their supervisor in an active manner recognising that it is the student’s responsibility to have their own topics to raise with the supervisor.

                                                                                            (d) To maintain the progress of the work in accordance with the stages agreed with the supervisor and in accordance with the Law School’s Dissertation Timetable, including in particular, the provision of well-presented written work within the agreed timescales for comment and discussion before proceeding to the next stage.

                                                                                            (e) To take note of the guidance and feedback on their work provided by their supervisor and to recognise that the supervisor’s role is to offer advice on the academic content of the work and its general presentation and not to provide detailed correction of written English.

                                                                                            (f) To be familiar with and comply with the regulations and departmental guidelines relating to their degree and the monitoring of progress.

                                                                                            (g) To respect the contribution and intellectual property rights of the supervisor in external output of any form emanating from the research.

                                                                                            (h) To inform their supervisor in good time where possible, should they plan to be away from the University for more than one week.

                                                                                            (i) To take the initiative in raising problems or difficulties with the supervisor(s) in the first instance, however elementary they may seem, including any matters which may require a suspension of registration or will cause a delay in the expected completion date of the work.

                                                                                            (j) To accept a commitment to complete their project and submit their dissertation in accordance with the Law School’s Dissertation Timetable.

                                                                                            (k) To decide when to submit the dissertation taking due account of the opinion of the supervisor on the draft of the dissertation as submitted in accordance with the Law School’s Dissertation Timetable. It should be clearly understood that any opinion expressed by the supervisor is necessarily only advisory and that the supervisor’s agreement to submission of the dissertation is not a guarantee of success.

                                                                                            APPENDIX C

                                                                                            WARWICK LAW SCHOOL STYLE GUIDE FOR LLM DISSERTATIONS

                                                                                            1. Presentation of LLM Dissertations

                                                                                              • LLM candidates are required to submit two printed copies of their dissertations and one copy in digital format (3.5” diskette). The printed copies must both be soft bound and presented in the following manner:

                                                                                                Dissertations should be printed on A4 (29.7 x 21 cm) on good quality paper with a margin of 1.5” (4 cm) on the left hand side. Margins of 1” (2.5 cm) should also be left on the other three edges, so that the bound volume can be trimmed after binding. Page numbers should be printed at least 0.5” (1.5 cm) into the page. Pages should be printed on one side only and in double spacing. Both copies must be of good legible quality (Times New Roman font size 12 is recommended). Candidates should carefully proof-read their dissertations for typographical errors and correct them before submitting the dissertation. Off-prints submitted must be bound in with the dissertation or as a separate volume, as appropriate.

                                                                                                  The title should describe the content of the thesis accurately and concisely.

                                                                                                    • (a) The full title of the thesis and the subtitle if any;

                                                                                                      (b) The full name of the author;

                                                                                                      (c) The following declaration:
                                                                                                      ”Dissertation submitted in partial fulfilment of the requirements for the Master of Laws degree in [International Economic Law / International Development Law and Human Rights] at the University of Warwick”;

                                                                                                      (d) The month and year of submission; and

                                                                                                      (e) The actual number of words (excluding bibliographic material, see 1.10 below).

                                                                                                    The title page of the dissertation shall give the following information in the order listed:

                                                                                                      The table of contents shall immediately follow the title page. It shall list in sequence, with page numbers, all relevant subdivisions of the dissertation, including the title of chapters, sections and subsections, as appropriate; the list of references; the bibliography; the list of abbreviations and other functional parts of the whole dissertation; and any appendices.

                                                                                                        Photographs, maps, graphs, and other statistical tables should be mounted where they appear in the text. Photographs should be mounted on good bond paper, on both copies. Copy paper is unsuitable for this purpose. Bindery Services should be advised when a thesis contains material of this kind. Additional costs may be charged for preparation work. Maps or diagrams larger than A4 must be folded well inside the front edge of the dissertation. The lists of tables and illustrations shall follow the table of contents and should list all tables, photographs, diagrams, etc. in the order in which they occur in the text.

                                                                                                          Any acknowledgements shall be on the page following the table of contents.

                                                                                                            When submitting a dissertation the author shall indicate in a declaration any material contained in the thesis which he/she has used before or which the author has had published. The declaration shall immediately follow the acknowledgement under a separate heading.

                                                                                                              There shall be an abstract of the thesis, not exceeding 250 words, bound in at the beginning of the dissertation. The abstract should not extend beyond a single A4 side, and to facilitate this, single spaced typing is permitted for the summary only. The summary shall provide a synopsis of the dissertation and shall state clearly the nature and scope of the research undertaken. There should be brief a outline of the major divisions or principal arguments of the work and a summary of any conclusions reached.

                                                                                                                Where abbreviations are used a key shall be provided. Abbreviations may be used at the discretion of the author. For an abbreviation not in common use, the terms shall be given in full at the first instance followed by the abbreviation in brackets.

                                                                                                                  The dissertation shall not exceed 10,000 words, which shall be exclusive of the bibliography and any appendices. The word limit includes any tables and footnotes, save to the extent that the footnotes consist exclusively of bibliographic references.

                                                                                                                    Dissertations shall contain a full bibliography. The bibliography should list references in alphabetical order by authors’ last names. Where there is more than one publication by the same author, they should be listed in chronological order with the older item first. The bibliography may be divided into sections (e.g. books, journal articles, web sites, etc).

                                                                                                                    1.1 Printing of Dissertations

                                                                                                                    1.2 Title

                                                                                                                    1.3 Title Page

                                                                                                                    1.4 Table of Contents

                                                                                                                    1.5 Tables and Illustrated Material

                                                                                                                    1.6 Acknowledgements

                                                                                                                    1.7 Declaration

                                                                                                                    1.8 Abstract

                                                                                                                    1.9 Abbreviation

                                                                                                                    1.10 Length of Thesis

                                                                                                                    1.11 Bibliography

                                                                                                                    2. References in LLM Dissertations

                                                                                                                          • Trebilcock, M. and Howse, R. (1999) The Regulation of International Trade, 2nd edition, Routledge, London.

                                                                                                                      Author’s Family Name, Initial. (Year of Publication) Title of Book, Edition Number (if other than first), Publisher, Place of Publication.

                                                                                                                      Examples: Maskus, K. (2000) Intellectual Property Rights in the Global Economy, Institute for International Economics, Washington DC.

                                                                                                                          • Merges, R. and Nelson, R. (1992) “Market Structure and Technical Advance: The Role of Patent Scope Decisions”, in Jorde, T. and Teece, D. (eds) Antitrust, Innovation, and Competitiveness, Oxford University Press, Oxford.

                                                                                                                        Author’s Family Name, Initial. (Year of Publication) “Title of Chapter” in Editor’s Family Name, Initial. (ed) Title of Book, Publisher, Place of Publication.

                                                                                                                        Examples: Kaufer, E. (1990) “The Regulation of New Product Development in the Drug Industry”, Majone, G. (ed) Deregulation or Re-regulation? Regulatory Reform in Europe and the United States, Pinter, London.

                                                                                                                          Author’s Family Name, Initial. (Year of Publication) “Title of Article”, Volume Number of Journal, Name of Journal, Numbers of First and Last Pages of Article.

                                                                                                                          Example: Jackson, J. (1998) “Dispute Settlement and the WTO: Emerging Problems”, 1 Journal of International Economic Law 329-351.

                                                                                                                          Author’s Family Name, Initial. (Year of Publication) Title of Report/Paper, Document Number (if applicable), Publisher, Place of Publication.

                                                                                                                          Example: Primo Braga, C. Fink, C. and Paz Sepulveda, C. (2000) Intellectual Property Rights and Economic Development, World Bank Discussion Paper No.412, World Bank, Washington DC.

                                                                                                                          Note: where published reports and other documents have been accessed via the Internet, the full web address and the date when the web site was visited must be included in the reference.

                                                                                                                            Methods of referencing case reports vary between jurisdictions. You are recommended to adopt the system of citation used in the jurisdiction where the relevant case was decided. The jurisdiction and the name of the court in which the case was decided must always be clearly indicated in any reference. In most situations it will be sufficient to include the following information:

                                                                                                                            LLM candidates are required to provide full references for all sources used in preparing their dissertations. The preferred methods of referencing different types of work are set out below:

                                                                                                                            2.1 Book

                                                                                                                            2.2 Chapter in Edited Volume

                                                                                                                            2.3 Article

                                                                                                                            2.4 Published Report or Other Paper

                                                                                                                            2.5 Case Report

                                                                                                                                • Title of the case or names of the parties (underlined)
                                                                                                                                • Date when the case was reported
                                                                                                                                • Official case number (if any)
                                                                                                                                • Name of the series of reports in which the report is published (the name may be abbreviated using the standard abbreviation, e,g, A.C. for Appeal Cases in England and Wales)
                                                                                                                                • Volume number of the series of reports in which the report is published
                                                                                                                                • Page number of the first page of the report.
                                                                                                                                  • Shevill v. Presse Alliance SA, C-68/93 [1995] ECR I-415 (European Court of Justice).

                                                                                                                                    Quality King Distributors, Inc. v. L'anza Research Intern., Inc., 118 S.Ct. 1125 (1998) (Supreme Court, United States).

                                                                                                                                    Canada – Term of Patent Protection, AB-2000-7 (2000) WT/DS170/AB/R (World Trade Organization, Appellate Body)

                                                                                                                              Examples: Lubbe v Cape Plc (No.2) [2000] 1 W.L.R. 1545 (House of Lords, United Kingdom).

                                                                                                                              Further guidance on the citation of United States case law is given by Peter W. Martin of Cornell Law School in his Introduction to Basic Legal Citation – available online at: http://www.law.cornell.edu/citation/citation.table.html.

                                                                                                                              Martin’s approach is based on the The Bluebook: A Uniform System of Citation published by the Harvard Law Review Association.

                                                                                                                                Full web site address, date visited

                                                                                                                                Example: http://www.consumersinternational.org, visited 20th December 2001.

                                                                                                                                2.6 Web Site

                                                                                                                                APPENDIX D

                                                                                                                                UNIVERSITY OF WARWICK: ATTENDANCE AT CLASSES REGULATIONS

                                                                                                                                  • Regulations Governing the Continuation of Registration

                                                                                                                                  13.1 Regulations Governing Attendance at Classes and Submission of Coursework

                                                                                                                                  (1) Each Department shall publish on its notice board, not later than at the beginning of the academic year, a statement of the prescribed classes and coursework in respect of each unit of study for which it is responsible. The Department shall also publish a warning that failure to attend prescribed classes or to complete prescribed coursework may result in a student being required to submit additional assessed work, or to sit an additional written examination, or in the student being required to withdraw from his/her course of study. Publication on the notice board of the Department responsible for the unit of study shall be deemed to be sufficient publication.

                                                                                                                                  (2) Any student who fails to attend prescribed classes or to submit prescribed coursework may be required to withdraw from his/her course of study in accordance with the Regulations Governing the Procedure for the Continuation of Registration [Regulation 13.2].

                                                                                                                                  (3) In any unit of study, a student who fails to attend prescribed classes or to complete prescribed coursework may be required either:

                                                                                                                                    • (a) to submit additional assessed work; or

                                                                                                                                      (b) to sit an additional written examination.

                                                                                                                                      Such written examination may be:

                                                                                                                                      (c) an additional paper specially set for the student concerned; or

                                                                                                                                      (d) an appropriate paper which the student would not otherwise have taken or would have taken only in part; or

                                                                                                                                      (e) an extended version of such a paper.

                                                                                                                                    (4) A decision that a student is required to submit additional assessed work or to sit an examination in place of prescribed coursework or through failure to attend prescribed classes shall be taken by the Chair of the Department responsible for the unit of study concerned. Prior to taking the decision the Chair shall consult the teacher(s) responsible for the relevant unit of study and the personal tutor of the student concerned. The student shall be given a reasonable opportunity to make representations in relation to the proposed decision. The decision of the Chair of the Department is final and shall be communicated to the student in writing. Any additional assessed work or examination required under (1) or (3) above shall count towards the student’s mark in that unit of study, the precise mechanism for this to be determined by the Chair of the Department in consultation with the teacher(s) responsible for the relevant unit of study.

                                                                                                                                    APPENDIX E

                                                                                                                                    STUDENT ACADEMIC COMPLAINTS PROCEDURE

                                                                                                                                    1. A student may raise a complaint about any aspect of the teaching and learning process and the provision made by the University to support that process, subject to paragraph 2 below.

                                                                                                                                    2. This complaints procedure shall not be used

                                                                                                                                      • (a) where a complaint can be dealt with under the Disciplinary Regulations, the Harassment Guidelines, the appeals mechanisms in the Degree, Diploma or Certificate Regulations, or the Code of Practice for Dealing with Allegations of Scientific Misconduct.

                                                                                                                                        (b) to challenge the academic judgement of examiners.

                                                                                                                                        Complaints relating to administrative processes should be raised directly with the Registrar

                                                                                                                                      3. A student complainant must be able to demonstrate that the complaint is brought without malice and is based on evidence which the complainant honestly and reasonably believes to be substantially true. Under such circumstances the complainant will be protected by the University against any subsequent recrimination or victimization.

                                                                                                                                      4. (i) A complaint should initially be made in writing to the person responsible for the action which has given rise to the complaint. Where this is not appropriate or where such action has been taken and the matter has not been satisfactorily resolved it should be raised with the relevant Head of Department or equivalent person.

                                                                                                                                            • Chair of the Board of the Faculty of Arts

                                                                                                                                              Chair of the Board of the Faculty of Medicine

                                                                                                                                              Chair of the Board of the Faculty of Social Studies

                                                                                                                                              Chair of the Board of the Faculty of Science

                                                                                                                                        (ii) If the matter cannot be satisfactory resolved under 4(i) above the complainant may refer it to the Vice-Chancellor who will request one of the Pro-Vice-Chancellors or the Chair of the Graduate School to take the matter forward.

                                                                                                                                        (iii) The Pro-Vice-Chancellor or the Chair of the Graduate School, appointed under 4(ii) above, shall, unless the complaint is judged to be wholly without substance or merit, consult the relevant Head of Department with a view to resolving the matter informally. If the complaint cannot be resolved in this way it shall be referred for final resolution by a committee appointed by the Vice-Chancellor comprising the Pro-vice-Chancellor or Chair of the Graduate School as Chair and two from the following:

                                                                                                                                        Members drawn from the panel appointed to consider student appeals at postgraduate level.

                                                                                                                                        The Secretary to the committee shall be a member of the Registrar’s staff appointed by the Registrar. The committee shall not include anyone with a departmental or other material interest.

                                                                                                                                        (iv) No decision to reject a complaint on the grounds that it is without merit or substance shall be taken without consultation with a second Pro-Vice-Chancellor or the Graduate School Chair, as appropriate.

                                                                                                                                        5. In so far as it is within the University’s power complaints will be handled speedily and the complainant shall be kept informed of progress in writing at all stages of the procedure. If a complaint is dismissed at any stage of the process the complainant shall be informed of the reasons in writing.

                                                                                                                                        6. A complaint must normally be received within 3 months of the occurrence about which the complaint is made.

                                                                                                                                        7. The Complaints Committee appointed in accordance with paragraph 4(iii) above shall allow for the possibility of conciliation at all stages of its proceedings. Information submitted to the Committee will normally be in written form although the Committee may interview relevant witnesses or conduct its own enquiries through its Secretary. If the Committee interviews the complainant he/she may be accompanied by an Officer of the Students’ Union or a member of the University staff. The Committee shall be responsible for its own procedures but shall at all times conduct itself within the rules of natural justice.

                                                                                                                                        8. At any point in the above process the complainant may seek advice from the Academic Registrar, the Senior Tutor or the President of the Students’ Union.

                                                                                                                                        9. Students following degree, diploma, certificate and Higher Education Foundation programmes in partnership colleges shall use the complaints procedure of their home college and use the University procedure only as a final appeal mechanism. In such a case the procedure should be initiated by a letter to the Vice-Chancellor from the complainant. The procedure will be as above save that under paragraph 7 the complainant may be accompanied by a student officer or member of staff of the home college.

                                                                                                                                        10. The Complaints Committee shall make known its findings in writing to the parties to the dispute and make any recommendations for action to the Vice-Chancellor who will consider any revisions required to institutional policy, practice or provision arising from complaints raised.

                                                                                                                                        11. Where a complaint has been upheld the complainant shall be entitled to claim reasonable costs from the University.

                                                                                                                                        12. If at the conclusion of the procedure the complainant is not satisfied he/she shall be informed of the Office of the Independent Adjudicator’s role as final arbiter.

                                                                                                                                        13. An annual report of complaints considered under this procedure shall be made to the Academic Quality and Standards Committee which shall review all aspects of the process and make comments to Departments and recommendations to the Senate as appropriate.