Gwybodaeth Modiwlau

The notion of the global village has nowhere greater validity than in the context of commerce and modern information technology, both of which form an essential part of life especially in Western democracies. While commerce and information technology effortlessly transcend national boundaries, the law has remained largely a national creature. This module examines to what extent current national law is equipped to deal with transnational commerce and with global communications generally and what adjustments, if any, have been, or should be, made to align the law and regulation with 21st century commercial realities. More specifically, this module examines the rules on regulatory competence both in respect of private/civil disputes and public/criminal prosecution and the extent to which these rules facilitate the efficient and fair application of national law to transnational commercial activity.

While some existing LLM modules touch upon the rules of regulatory competence in respect of global commercial activity, in this module these rules are moved centre-stage. In doing so, this module will provide students with a comprehensive framework for regulatory competence within which they can locate the rules applying to specific scenarios. This module will also enable students to understand the generic themes and problems underlying various competence rules, which the isolated discussion of these rules in other modules cannot adequately reveal. Last but not least, this module is designed to highlight the problems and solutions arising out of any attempt to apply national law to transnational disputes.