Dr Jacco Bomhoff NAB 6.09

This course is available on the MSc in Law and Accounting, Master of Laws and Master of Laws (extended part-time study). This course is available with permission as an outside option to students on other programmes where regulations permit.

This course is capped at 30 students. Students must apply through Graduate Course Choice on LSEforYou.

Knowledge of conflict of laws (private international law) would be useful but is not essential. Good general understanding of commercial law is essential.

 

This course is concerned with the regulation of international business and the protection of human rights and the environment through the international application of national tort law and company law. The following topics will be studied from the point of view of European Union law, English (common and statute) law, Commonwealth law and US law: 1) Theories of choice of law in Europe and the US; 2) Proof and application of foreign law; 3) Choice of law regarding company-law matters; 4) Choice of law regarding non-contractual liability (especially in tort), including some or all of the following:  a) Personal injury and wrongful death; b) Product liability; c) Environmental damage; d) Intellectual property; e) Unfair competition and restriction of competition; f) Unjust enrichment, negotiorum gestio and other forms of non-contractual liability; g) Maritime torts; and h) industrial action; 5) The problem of extraterritoriality with special reference to American antitrust law and EU competition law; and 6) transnational human-rights litigation,

20 hours of seminars in the MT. 2 hours of seminars in the ST.

There will be a reading week in Week Six of MT

All students are expected to produce one 2,000 word formative essay during the course.

Core textbook: Trevor C Hartley, International Commercial Litigation (Cambridge University Press, 2nd edn, 2015) (specified chapters only). Further reading: Cheshire, North and Fawcett, Private International Law (14th edn, Oxford University Press, Oxford, 2008, by James Fawcett and Janeen Carruthers); Dicey, Morris & Collins, The Conflict of Laws (Sweet and Maxwell, London, 15th edn, 2012 by Sir Lawrence Collins with specialist editors); Dickinson (Andrew), The Rome II Regulation (Oxford University Press, Oxford, 2010); Lowenfeld (Andreas F), Conflict of Laws: Federal, State and International Perspectives (LexisNexis, Newark, NJ; San Francisco, CA, 2nd edn, 2002); Symeonides (Symeon C), Perdue (Wendy Collins) and von Mehren (Arthur T), Conflict of Laws: American, Comparative, International (West, St Paul, Minn., 2nd edn, 2003).

Exam (100%, duration: 2 hours) in the main exam period.