Globalisation and Law

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• Evaluate different approaches to the achievement of a regulatory balance between different objectives
• Describe and critically assess the interaction between different bodies of law contributing to the regulation of globalisation
• Comment upon the impact upon democracy and accountability of new forms and levels of governance
• Critically evaluate the regulatory challenges arising from the global commitment to prima facie conflicting objectives, such as those exemplified in the principle of sustainable development

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• Develop and present a written argument with appropriate evidence and attention to detail and demonstrating an awareness of academic integrity
• Evaluate the material obtained from primary and secondary, electronic and paper sources
• Critically evaluate others' arguments
• Undertake self-directed research

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• The challenges to democracy and accountability posed by new and emerging forms of governance
• Different levels of governance and bodies of law which contribute to the regulation of globalisation
• The regulatory challenges arising from the global commitment to prima facie conflicting objectives, such as are exemplified by the commitment to sustainable development
• Regulatory approaches to the management of diverse objectives
• The potential and limits of traditional approaches to, and instruments of, 'public international law' in responding to contemporary challenges posed by globalisation

The emergence of new and diverse global, non-state, actors such as the World Trade Organisation and European Union raises questions relating to democracy and accountability of decision-making which compound the regulatory challenge posed by the need to reconcile the diverse commitments of the international community.

Key legal and regulatory issues addressed in this module

• The complexity of governance and regulation in an increasingly globalised context, where governance takes new and diverse forms and is undertaken by a diverse range of actors
• The challenges posed to democracy and accountability by the emergence of such new forms and levels of global governance
• The regulatory challenges posed by new forms and levels of governance acting in or applying to diverse, and frequently conflicting, fields
• Different approaches to achieving a regulatory balance between different international obligations and to meeting the challenges posed by new forms and levels of governance

Case study: The principle of sustainable development

Sustainable development has been selected as a case study in recognition of its status as a 'principle' of particular contemporary significance. Thus the module, having provided an introduction to the theoretical framework of the course, highlighting questions of democracy and accountability posed by the emergence of new forms of governance by new international actors, examines:

• the meaning and content of sustainable development: highlighting the interdependence of the prima facie conflicting objectives therein: social (including human rights protection), environmental protection and economic development are highlighted
• the international legal and institutional regulatory frameworks within which sustainable development has been adopted and can be delivered
• the diverse regimes engaged by the commitment to sustainable development: in particular trade liberalisation regimes (the EU and WTO) and International Environmental Law, in particular focusing upon the international responses to the challenge of climate change.
• the operationalisation of sustainable development in particular contexts (e.g. the EU)
• the institutional/judicial response where the principle has manifested (whether explicitly or implicitly) in case law in different fora (e.g. CJEU, WTO)
• the challenges to democracy and accountability exposed by pursuit of the principle of sustainable development (and the responses to its delivery).
• alternative regulatory approaches to the realisation of sustainable development

To do so the module is structured in three substantive parts and a concluding part drawing the issues together:

1: The overarching legal framework - unpacking 'sustainable development'

2: Spotlight on the WTO - Trade and Environment

3: Climate Change: The International Framework of Regulation - Effecting Change?

4 Conclusions: Globalisation and Democracy: Regulatory Challenge

Teaching methods include:

• Weekly one hour lecture
• Weekly two hour seminar

Learning activities include:

• Directed Reading as per distributed reading lists
• Preparation for seminars including preparing answers to set questions and identifying own questions to ask in the seminars
• Preparing and writing formative coursework and self-reflection of that process
• Class discussion (including small group work, presentation and debate)
• Formative assessment, constructively aligned with the exam

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Formative Assessment

• Assessment Type: Formative
• Feedback: •Individual written feedback will be provided to all students who complete the formative assessment. •Individual oral feedback will be available to you if request this following the written feedback to discuss any questions arising. •Discussion of seminar questions will enable you to self-assess your understanding and progress.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.