The purpose of this module is to explore the issues that a modern Conflict of Laws system must address when regulating the international business community. It aims to acquaint students studying this module with a variety of approaches to these issues drawn from national and international conflict of laws systems. The specific aims of this module are to ensure that students can:
•Understand the basic principles of the conflict of laws;
•Appreciate the significance of the European Union’s attempts to harmonise the conflict rules of Member States;
•Acquire and improve a variety of legal skills, including the ability to: communicate a logical argument, apply the law to hypothetical situations and synthesise concepts/ideas expressed in books, cases, and articles;
•Recognise and describe the practical effects and commercial significance of conflict of laws rules.

(LO1) Explain the principles of the conflict of laws in a commercial context.

(LO2) Understand the underlying objectives of a conflict of laws system from a commercial point of view.

(LO3) Critically evaluate the effects on English courts of EU moves towards the harmonisation of the conflict rules of Member States.

(LO4) Articulate the effects on English conflict of laws rules of the UK formally leaving the EU.

(LO5) Assess the advantages and disadvantages of possible solutions to a variety of conflict of laws issues arising from transnational business and commercial activity.

(LO6) Apply legal knowledge and skills to analyse problem situations in the commercial sphere involving the conflict of laws.

(S1) Critical analysis appropriate for advanced level masters study

(S2) Problem-solving skills applicable to complex theoretical and practical contexts

(S3) Time management and prioritisation skills by working to deadlines

(S4) Individual and group communication skills by presentations in an online environment (e.g. the virtual classroom).

(S5) Take responsibility for independent learning agenda.

(S6) Reading, analysing and synthesising different viewpoints, becoming familiar with different viewpoints and presenting findings/conclusions in clear, comprehensible, structured format.

The Conflict of Laws (or private international law as it is sometimes called) refers to that body of law developed by individual states to deal with cases involving a foreign element. With the globalisation of trade, the growth of the European Union and the popularity of e-commerce, the Conflict of Laws has assumed a key role in international trade. The module will examine certain key issues in the Conflict of Laws with the aim of determining how best to regulate them if the needs of the international business community are to be met. Coverage will include:
• The conflict of laws in a commercial context
• Jurisdiction under common law rules and the European regime
• Recognition and enforcement of foreign judgments
• Choice of law in contract and tort
• Arbitration
• Conflict of laws and internet commerce

Module delivery involves the establishment of a virtual classroom in which students work under the direction of the module instructor, using an internet-based distance-learning package. Module delivery proceeds via a series of one-week online seminars, learning materials (including directed reading and asynchronous AV material), and continuous assessment. This includes:
1) an online discussion forum, supported by structured learning materials, posted electronically in the virtual classroom and class discussions and assignments in class, facilitated and moderated by the class instructor;
2) short-form coursework assignments throughout the module (including directed reading assignments, critical analysis and authentic practical scenarios);
3) a final project which develops a deeper analysis of the legal issues and discussion across the module with instructor feedback and support through a summatively assessed plan and interim report.

A key feature of the approach i s the use of the moderated discussions of material introduced in the virtual classroom. Every week the module will include a discussion of topics specified by the instructor and participation in these discussions is a requirement for students attending (forming part of the summative assessment). This will ensure a continuing commitment from the students to the learning process. Communications within the virtual classroom is asynchronous, preserving the requirement that students are able to pursue the module in their own time, within the weekly time frame of each seminar.