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LLM IN HUMAN RIGHTS LAW

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					            Queen‟s University Belfast
                School of Law
              Human Rights Centre




             STUDENT HANDBOOK

       Postgraduate Taught – HUMAN RIGHTS

                   2007-2008



           LLM IN HUMAN RIGHTS LAW

LLM/MSSc. IN HUMAN RIGHTS AND CRIMINAL JUSTICE

   CROSS BORDER LLM IN HUMAN RIGHTS LAW
   CROSS BORDER LLM IN HUMAN RIGHTS AND
             CRIMINAL JUSTICE
                                                LIST OF CONTENTS
                                                                                                    Page No
WELCOME………………………………………………………………………………………….3
     Human Rights Centre………………………………………………………………………3
     The Institute of Criminology and Criminal Justice ...................................................... 4
GENERAL INFORMATION ABOUT THE LAW SCHOOL ................................................... 5
     Staff Members ........................................................................................................... 5
     The Human Rights Cenre and You ............................................................................ 6
TIMETABLE OF THE YEAR ................................................................................................ 7
PG TAUGHT COURSE TIMETABLE 2006/2007 ......................................................................... 8
INFORMATION ON THE DEGREES............................................................................................. 9
     LLM in Human Rights Law ...................................................................................... 10
     LLM/MSSc in Human Rights and Criminal Justice .................................................. 12
     Structure of programme - LLM Human Rights Cross-border ................................... 15
     Structure of programme LLM Human Rights and Criminal Justice Cross-border .... 15
INFORMATION ON MODULES.................................................................................................... 17
TEACHING AND ASSESSMENT ...................................................................................... 23
     Postgraduate Research training .............................................................................. 23
     Expectations of Teaching Staff ............................................................................... 23
     Assessment ............................................................................................................ 23
     Law School Postgraduate Policy on Assessment ................................................... 24
     Cross Border students: You are expected to go to Galway for the beginning of ..... 24
     Problems Affecting your Work................................................................................. 24
     WordLength………………………….…………………………………………………….26
     Extensions Policy .................................................................................................... 25
     Plagiarism………………………………………………………………………………….27
STUDENT SUPPORT AND COMPLAINTS MECHANISMS.............................................. 27
     FAQs – Frequently Asked Questions ...................................................................... 29
     Where to afterwards: Careers ................................................................................. 30
DETAILS OF STAFF ......................................................................................................... 32
     Appendix I Referencing Styles……………………….……………………………….40
     Appendix II Dissertation Guidelines…………………………………………………...43
     Appendix III Coursework Cover Sheet ................................................................. 446
     Appendix IV Module Evaluation Form ................................................................. 457
     Appendix V Dissertation Title and Supervisor Form ........................................... 480
     Appendix VI Example of Feedback Sheet ........................................................... 491
     Appendix VII Dissertation Title Page Example .................................................... 513
     Appendix VII Glossary of Human Rights Terms ................................................... 524
     Appendix IX Marking Criteria .............................................................................. 591




                                                                                                                              2
                                       WELCOME

Welcome to the LLM programmes and to Queen‟s University School of Law. We hope that
this handbook will help you guide your way around the course and give help if you need it.

The Human Rights Centre at Queen‟s has an international reputation for its work in the
field of human rights. The work has continued down the years and has expanded to
include new issues, such as conflict resolution. In addition, we have well-established
contacts with statutory agencies in Northern Ireland as well as with other statutory bodies
and non-governmental organisations. For example, members of the Human Rights Centre
include: Professor Brice Dickson (former Chief Commissioner, NI Human Rights
Commission 1999-2005); Professor Tom Hadden (former Commissioner, NI Human Rights
Commission 1999-2005); Professor Colin Harvey (current Commissioner, NI Human
Rights Commission, 2005-) and Dr. Tom Obokata (Specialist Adviser, UK Parliamentary
Joint Committee on Human Rights 2006-)

The LLM programmes harness the Centre‟s expertise, providing an in-depth examination
of some of the crucial human rights problems of our time from an international and
comparative perspective. In the most recent Research and Assessment Exercise for 2001,
the School of Law obtained a Grade 5 for its research, and members of the Centre
continue to engage in cutting-edge research.

Human Rights Centre

The Human Rights Centre, located in the School of Law, is the focus for research and
education on human rights law at Queen‟s. The Centre was established in 1990 to provide
a forum for the School‟s expertise in human rights teaching and research. The staff
members of the Centre have made significant contributions to the study of human rights in
Northern Ireland and to the study of international and comparative human rights law
generally. In addition to the postgraduate programmes in human rights, staff members at
the Centre are engaged in numerous research projects and regularly organise
conferences, seminars and visits.

The Human Rights Centre aims to support a community of researchers in the area of
human rights law, and to promote cooperation with other academic and human rights
institutions, so as to produce scholarship of international excellence and promote
understanding of human rights.

The Centre regularly organises events and its website provides useful information on
conferences, seminars and events. You are encouraged to check this regularly and to play
a full part in the human rights activities of the School. Details are available at:
http://www.law.qub.ac.uk/schools/SchoolofLaw/Research/HumanRightsCentre/Events/

The website of the Human Rights Centre is: http://www.law.qub.ac.uk/humanrights

Director of the Human Rights Centre
Professor Colin Harvey c.harvey@qub.ac.uk

Assistant Directors of the Human Rights Centre
Dr. Aoife Nolan aoife.nolan@qub.ac.uk
Dr. Tom Obokata (also LLM Co-ordinator) t.obokata@qub.ac.uk

Administrative Secretary for the Human Rights Centre
Ms Margaret Howell m.howell@qub.ac.uk

                                                                                         3
Postgraduate Secretary
Mr. Paul Lappin p.lappin@qub.ac.uk


The Institute of Criminology and Criminal Justice

The Institute, located in the School of Law, was established in 1995 and since 1998 has
been part of the Law School. The Institute is committed to the development of a centre of
academic excellence in teaching and research and to enhancing professionalism within the
Criminal Justice Agencies. Its members are engaged in a wide range of research projects
in areas such as child abuse, crimes against the elderly, drug use and restorative justice.
In addition to its involvement in the LLM/MSSc programme it offers a range of courses in
criminology and criminal justice management.

The website of the Institute is: http://www.law.qub.ac.uk/iccj/index.html

Director of the Institute
Professor Kieran McEvoy k.mcevoy@qub.ac.uk

MSSC Co-ordinator
Dr. Peter Shirlow p.shirlow@qub.ac.uk

Postgraduate Secretary
Mr. Paul Lappin p.lappin@qub.ac.uk




                                                                                         4
                 GENERAL INFORMATION ABOUT THE LAW SCHOOL

Contacting the School

The School currently occupies 27-30 University Square. Written correspondence relating
to the Human Rights postgraduate programme should be sent to the address below.


Human Rights Centre                             Cross Border students:
School of Law                                   Irish Centre for Human Rights
27-30 University Square                         National University of Ireland Galway
Queen‟s University Belfast                      Galway
Belfast BT7 1PD                                 Ireland
Northern Ireland                                Tel: +353 91 750464
Tel: (028) 9097 3460                            Fax: +353 91 750575
Fax: (028) 9097 3376                            email: humanrights@nuigalway.ie
Email: humanrights@qub.ac.uk

Web: http://www.law.qub.ac.uk/

Postgraduate Office, G01, 28 University Square
Assignments should be submitted to Room G01, 28 University Square. Office hours are
Monday to Friday 9.30am – 1pm and between 2.00 – 4.30 pm. Coursework should never be
handed in to the individual module leader.

Notice Boards
Information relevant to you may be displayed on notice boards on the ground floor in 28
and 29 University Square. Information will also be posted by the intranet system so please
make sure you check your email regularly. Students are deemed to have received any
email sent to their QUB account. Also check the Centre‟s web-site for information on
events and speakers.

Staff members

The Head of the School and the Director of the Human Rights Centre is Professor Colin
Harvey (c.harvey@qub.ac.uk)

LLM Co-ordinator is Dr Tom Obokata
(t.obokata@qub.ac.uk, Extension 1365, Room: 29LG04)

Dr Tom Obokata has overall responsibility for the Human Rights LLM Programmes and will
be your main point of contact throughout the year. Dr. Peter Shirlow is the contact person
for all MSSC students (including those doing MSSC in Human Rights and Criminal
Justice).

Module leaders: Individual staff members are in charge of each module and should be
consulted for further information on these courses. They are responsible for the running of
the particular module, for examining the assessment and for holding an annual review of
that module. A list of staff running the relevant modules is provided below.

The Postgraduate Administrator is Ms. Judith Cardwell (j.cardwell@qub.ac.uk) 028 9097
3182).

The Law Librarian is John Knowles, email: j.knowles@qub.ac.uk, 028 9097 3640.
                                                                                         5
The Human Rights Centre and You

The Human Rights Centre offers a variety of opportunities for you to learn various aspects
of human rights. Some of these include:

Human Rights Centre/School of Law Seminar Series
The Centre invites experts on human rights to speak about their areas expertise in their
field. Postgraduate students are strongly encouraged to attend these seminars to gain
insight into various aspects of human rights.

Research Projects within the Centre
The Centre undertakes a number of research projects on an annual basis. Please consult
the website of the Centre at: http://www.law.qub.ac.uk/humanrights to read more about
ongoing activities.

There are visitors to the Centre and the School of Law throughout the year with events
posted on notice boards and the website; so please look out for these as well.

Internships with Local Organisations
The Centre has strong contacts with local NGOs and other human rights institutions and
can assist students if they are interested in internship/voluntary work. Currently the Centre
has an arrangement with the following organisations:

 Northern Ireland Human Rights Commission: the statutory body for Northern Ireland,
established as a result of the Good Friday Agreement
 Law Centre NI
 Committee for the Administration of Justice (CAJ): the most prominent and well known
of the human rights organisations in Northern Ireland
 NICEM: Northern Ireland Council for Ethnic Minorities

If you are interested in being involved please contact Dr Tom Obokata and NOT the
organisations direct, as specific projects are planned in some cases:

Field Visits
During the first Semester the Centre coordinates field visits to institutions dedicated to
human rights issues in Belfast. Students will have a chance to visit the Northern Ireland
Human Rights Commission, the Equality Commission of Northern Ireland as well as
Amnesty International, among others. In Spring or Summer, the Centre also organises a
field trip to human rights institutions in Europe. They include, the European Court of
Human Rights, International Criminal Tribunals or United Nations in Geneva.

An Opportunity to Teach
There are sometimes opportunities for able students on the LLM programmes to assist
with teaching undergraduate tutorials in the Law School. If you are interested in doing this
see our web site for details of how to apply.

Summer School
The Centre is a member of the Utrecht Network which is a group of thirty-one universities
who seek to co-operate in the “area of internationalisation in the broadest sense of the
word”. As part of that mission the Network hosts a Summer School which, will be primarily
aimed at upper level undergraduates does take postgraduate students. The Queen‟s
School of Law is to host one in the summer 2008, and there may be an opportunity for you
to get involved in this. For more information on the Summer School visit the following site:
http://www.utrecht-network.org.
                                                                                           6
                             TIMETABLE OF THE YEAR
                Induction          September 12, from 11:30 -13:00 in the Peter
                                   Froggatt Centre. This will be followed by a welcome
                                   reception at the Institute of Governance.
                Registration       September 12 from 14:00 onward
Weeks 1         Teaching           September 24
Week 2                             October 1
Week 3                             October 8
Week 4                             October 15
Week 5                             October 22
Week 6                             October 29
Week 7                             November 5
Week 8                             November 12
Week 9                             November 19.
                                   Essay Deadline for first 6-week module:
                                   Children‟s Rights November 23
Week 10                            November 26
Week 11                            December 3
Week 12                            December 10
3 weeks         Christmas Vacation December 17 to January 4
                                   Essay Deadlines for second 6-week modules and
                                   full modules:
                                   Women‟s Human Rights: January 7
                                   Equality Law: January 9
                                   Human Rights I: January 11
                                   January 14 - Teaching begins in Galway
Spring Semester for students remaining in Belfast
[Cross Border students see NUI Galway dates as                dates will be different:
http://www.nuigalway.ie/ and http://www.nuigalway.ie/human_rights/ ]
Week 1          Teaching           January 28
Week 2                             February 4
Week 3                             February 11
Week 4                             February 18
Week 5                             February 25
Week 6                             March 3
Week 7                             March 10
                                   March 17
                                   Essay Deadlines for first 6-week modules.
Week 8
                                   Theory of Rights: March 19
                                   Governance and Human Rights March 21
Week 9                             March 24
3 Weeks         Easter Vacation    March 31 to April 18
Week 10                            April 21
Week 11                            April 38
Week 12                            May 5




                                                                                    7
                                      May 19
                                      Essay Deadlines for second 6-week modules and full
                                      modules:
                                      Human Rights and Exploitation: May 19
                                      Conflict Resolution: May 21
                                      Human Rights II: May 23



                                      September 4 : Dissertation Hand in Date

                      PG TAUGHT COURSE TIMETABLE 2007/2008

The timetable was distributed in the registration packs

The most up to date version, including venues, will be available at:
http://www.law.qub.ac.uk/schools/SchoolofLaw/Education/Undergraduates/Timetables/

The following are the times for the Politics modules:

Semester 1

Nature of Ethnicity & Ethnic Conflict (110PAI907)         Wednesday 5:00-7:00

Semester 2

Northern Ireland and the World (210PAI906) TBC
National & Ethnic Conflict Management (210PAI913) TBC

See http://www.qub.ac.uk/schools/SchoolofPoliticsInternationalStudiesandPhilosophy/ for
Politics timetables




                                                                                          8
                           INFORMATION ON THE DEGREES

This handbook covers information on the LLM in Human Rights Law and the LLM/MSSC in
Human Rights and Criminal Justice.

Please note that all information on the degrees and all modules will be posted on the
Queen‟s On Line system, for which you will have been provided with a username and
password. Information on changes to modules, etc. will be posted this way so you must
regularly check the On Line system.

Both LLM programmes are offered on a modular basis. They may be completed in one
year on a full-time basis or two years on a part-time basis. To complete a degree, students
must have successfully passed courses amounting to 180 credits.

Information on all courses and general information from the University will be given via
email or the intranet. For this reason you should ensure that you use your Queen‟s email.

PLEASE NOTE: Students are deemed to have received messages sent to their QUB
account.

Optional modules may CHANGE from year to year. The details in this handbook apply only
to the modules running during this academic year and may change in future years.

Module codes
The first number of each module code indicates which semester it runs in.
Politics modules have “PAI” instead of “LAW”.




                                                                                         9
                              LLM IN HUMAN RIGHTS LAW

Aims:

This course is designed for those with an academic and professional interest in human
rights, regional standards, discrimination and the control of civil unrest.

Organisation of the LLM Programme: Full Time students

Semester 1

Students taking the LLM in Human Rights are required to take the following compulsory
module in Semester 1:

   110LAW810 Human Rights Law I (30 credits)

You will also have to choose from the following options to the equivalent of 30 credits:

   110LAW814 Equality and Law (30 credits)
   105LAW819 Children’s Rights (15 credits)
   105LAW821 Women’s Rights (15 credits)

   110PAI907 Nature of Ethnicity and Ethnic Conflict (30 credits)

Semester 2

In the second term you must take the following compulsory module:

   210LAW811 European Convention on Human Rights and Current Issues: Human
    Rights II (30 credits)

You will also have to choose from the following options to the equivalent of 30 credits:

   210LAW813    Conflict Resolution (30 Credits)
   205LAW827    Theories of Rights (15 credits)
   205LAW862    Human Rights and Governance (15 credits)
   205LAW863    Human Rights and Exploitation (15 credits)

   210PAI906 Northern Ireland and the World (30 credits)
   210PAI913 National & Ethnic Conflict Management (30 credits)


Dissertation (320LAW829)

All students are required to complete a dissertation of up to 20,000 words (60 credits) in
the final summer of their degree.




                                                                                           10
Organisation of the LLM in Human Rights: Part Time students

YEAR 1

Semester 1

Students taking the LLM in Human Rights are required to take the following compulsory
modules in Semester 1:

   110LAW810 Human Rights Law I (30 credits)

Semester 2:

In the second term you must take the following compulsory module:

   210LAW811 European Convention on Human Rights and Current Issues: Human
    Rights II (30 credits)

YEAR 2

Semester 1

You will have to choose from the following options to the equivalent of 30 credits :

   110LAW814 Equality and Law (30 credits)
   105LAW819 Children’s Rights (15 credits)
   105LAW821 Women’s Rights (15 credits)

   110PAI906 Northern Ireland and the World (30 credits)

Semester 2

You will also have to choose from the following options to the equivalent of 30 credits:

   210LAW813    Conflict Resolution (30 Credits)
   205LAW827    Theories of Rights (15 credits)
   205LAW862    Human Rights and Governance (15 credits)
   205LAW863    Human Rights and Exploitation (15 credits)

   210PAI906 Northern Ireland and the World (30 credits)
   210PAI913 National & Ethnic Conflict Management (30 credits)

Please note that the availability of modules can change each year.

Dissertation (320LAW829)

All students are required to complete a dissertation of up to 20,000 words (60 credits) in
the final summer of their degree.




                                                                                           11
               LLM/MSSC IN HUMAN RIGHTS AND CRIMINAL JUSTICE

Aims:

This course is designed for those with an academic and professional interest in human
rights within the context of criminal justice.

Organisation of the LLM Programme: Full Time students

Semester 1

Students taking the LLM in Human Rights and Criminal Justice are required to take the
following compulsory modules:

   110LAW810 Human Rights Law I (30 credits)

AND ONE OF:

   110LAW830 Theory and Practice in Criminology (30 credits)
   110LAW831 Criminal Justice Processes (30 credits)

Semester 2

Students must take optional modules for a further 60 credits, with at least 30 credits from
the human rights optional modules indicated plus at least one of the optional modules
offered by the Institute of Criminology for a further 30 credits. These are either to be two
15 credits modules from either human rights or criminology or one 30 credit module from
each discipline.

Human rights modules:

   210LAW811 European Convention on Human Rights and Current Issues: Human
    Rights II (30 credits)
   210LAW813 Conflict Resolution (30 Credits)
   205LAW827 Theories of Rights (15 credits)
   205LAW862 Human Rights and Governance (15 credits)
   205LAW863 Human Rights and Exploitation (15 credits)

Criminal Justice modules:

   205LAW833    Research Methods (30 credits)
   205LAW848    Penal Policies and Practice (15 credits)
   205LAW851    Criminal Justice Research (15 credits)
   205LAW852    Sentencing and the Criminal justice System (15 Credits)
   205LAW853    Transitional Justice & Conflict Transformation (15 credits)
   205LAW854    Management Practice and the Criminal Justice System (15 credits)
   205LAW855    Management Theory and the Criminal Justice System (15 credits)




                                                                                         12
Summer

Students are required to submit a dissertation of up to 20,000 words (60 credits) by the
end of the summer of the final year of their degree.


Those students who are enrolled in the joint LLM in Human Rights and Criminal
Justice must do their dissertation on a topic in human rights (320LAW829) and
those who are registered for the MSSC in Human Rights and Criminal Justice must
do their dissertation on a topic in the area of Criminology or Criminal Justice
(320LAW835).


Organisation of the LLM/MSSC Programme: Part Time students

YEAR 1

Semester 1

Students taking the LLM/MSSC in Human Rights and Criminal Justice on a part time basis
are required to take one of the compulsory modules in:

   110LAW810 Human Rights Law I (30 credits)

OR ONE OF:

   110LAW830 Theory and Practice in Criminology (30 credits)
   110LAW831 Criminal Justice Processes (30 credits)


Semester 2

Students must take optional modules to the equivalent of 30 credits from either human
rights OR criminology modules indicated below:

Human rights modules:

   210LAW811 European Convention on Human Rights and Current Issues: Human
    Rights II (30 credits)
   210LAW813 Conflict Resolution (30 Credits)
   205LAW827 Theories of Rights (15 credits)
   205LAW862 Human Rights and Governance (15 credits)
   205LAW863 Human Rights and Exploitation (15 credits)

Criminal Justice modules:

   205LAW833   Research Methods (30 credits)
   205LAW848   Penal Policies and Practice (15 credits)
   205LAW851   Criminal Justice Research (15 credits)
   205LAW852   Sentencing and the Criminal justice System (15 Credits)
   205LAW853   Transitional Justice & Conflict Transformation (15 credits)
   205LAW854   Management Practice and the Criminal Justice system (15 credits)
   205LAW855   Management Theory and the Criminal Justice System (15 credits)
                                                                                     13
YEAR 2

Semester 1

You are required to take the compulsory module which you did not take in the first
semester of the first year.

Semester 2

You are required to take options to the equivalent of 30 credits from the list above for
semester 2, year 1.

Please note that the availability of modules can change each year.

Summer

Students are required to submit a dissertation of up to 20,000 words (60 credits) by the
end of the summer of the final year of their degree. Please observe the distinction between
LLM and MSSC noted above.




                                                                                        14
                    HUMAN RIGHTS LLM (CROSS BORDER)
          HUMAN RIGHTS AND CRIMINAL JUSTICE LL.M. (CROSS BORDER)

The School of Law Queen‟s University Belfast and the Irish Centre for Human
Rights, Faculty of Law, National University of Ireland, Galway have established
two exciting new Masters programmes. These programmes, the first such law
programmes in Ireland, will entail students attending classes for one semester
in Belfast, one semester in Galway, and spending a summer in either location
completing their dissertation.

Structure of programme - LLM Human Rights Cross-border

Semester 1 - QUB

In Semester 1, students are required to take the following compulsory modules:

   110LAW810 Human Rights Law I (30 credits)
   110LAW814 Equality and Law (30 credits)


Semester 2 – Galway

The modules offered by Galway in Semester 2 will be selected at a special induction
meeting for Cross Border students. Some examples include:

   International Criminal Law

   International Humanitarian Law

   Minority Rights and Self-determination

   Conflict and Post Conflict Case Studies

   Refugees and Asylum Seekers

   Child Rights Law

   Regional Systems of Human Rights

   Death Penalty

Summer

Students are required to undertake a dissertation on an approved topic, which should
normally be about 20,000 words, to be submitted normally no later than 15 September.

Structure of programme LLM Human Rights and Criminal Justice Cross-border

Semester 1 - QUB

In the first semester students are required to take the following compulsory modules:

   110LAW810 Human Rights Law I (30 credits)
   110LAW831 Criminal Justice Processes (30 credits)
                                                                                        15
Semester 2 – Galway

Students in the program are required to take the following compulsory module at Galway.

   International Criminal Law

And optional modules as noted above:

The modules offered by Galway in Semester 2 will be selected at a special induction
meeting for Cross Border students to be held in October/November

Summer

Students are required to undertake a dissertation an approved topic, which should
normally be about 20,000 words.




                                                                                      16
                              INFORMATION ON MODULES


All information will be available on Queens Online system which you should consult
regularly: https://learn.qol.qub.ac.uk/home/.

Full reading lists for all Semester 1 modules will be given out at Induction. Material for
Semester 2 modules will be given out before the Christmas break.

You should note that the reading list and any material provided is only the start. You are
expected to read widely, beyond that which is listed by the tutor. If you have difficulties
accessing the material from the library, contact the appropriate tutor. You should, however,
not expect to find everything in the library. You should also make use of Inter Library Loans
vouchers which can be obtained from the postgraduate secretary. You will also need to
access the Internet and electronic databases (LEXIS, WESTLAW, Hein Online, ZETOC
etc.) as well as other sources of information for example, for documents of international
institutions, etc. Again, you should not rely on obtaining information only through these
electronic media you need to read books and articles as well!

Useful general texts is Steiner and Alston International Human Rights in Context (Oxford:
OUP, 2007); a basic documents text is Brownlie and Goodwin-Gill Basic Documents on
Human Rights (Oxford: OUP, 2006)

The typical assessment methods in Law modules is a 6000 word essay for a 30 credit
module and 3000 word essay for a 15 credit module.

LLM in Human Rights Law

Human Rights Law I- Introduction to Human Rights Law
Module Leader: Professor Brice Dickson

This module aims to provide a solid introduction to the field of human rights law, ensuring
that practical as well as theoretical aspects are addressed. It explores the structures and
procedures for implementing human rights standards under the major international human
rights treaties and looks in some detail at specific issues such as how best to protect
economic and social rights, how to combat terrorism while still upholding human rights,
how human rights could be better protected in the UK as a whole and in Northern Ireland
in particular, how children's rights could be enhanced, and the impact of globalisation on
human rights.

Human Rights Law II - ECHR and Current Issues
Module Leader: Dr. Jean Allain

This module considers the system of human rights protect of the Council of Europe while
focusing on various rights enshrined in the European Convention on Human Rights. The
module explores in detail the various jurisprudential tools with which the Strasbourg Court
has developed its case-law, especially in the context of recent, high-profile judgments.
Much of the case-law considered touches on Northern Ireland, be it directly through
judgments involving the United Kingdom, or by extension, as a result of the Human Rights
Act.




                                                                                          17
Conflict Resolution
Module Leader: Dr. Jean Allain

This module considers the manner in which the human rights regime has grafted itself on
to situations of conflict and post-conflict. Until recently it was thought that human rights law
had no place in the conduct of hostilities -- this being the purview of international
humanitarian law (aka: the laws of war); and even less in the resolution of conflicts. This
no longer holds as international courts have recognised that, short of derogation, human
rights law continues to apply in times of arms conflict as lex generalis despite the
application the laws of war. Yet the nexus between conflict resolution and human rights
has yet to be solidified as the scales of peace and justice have yet to settle: thus, should
the international community insist on leaders of a conflict being tried for crimes before the
International Criminal Court when this may act as a disincentive to ending hostilities?
Further issues that will be considered in the Module with regard to the nexus between
conflict resolution and human rights are: humanitarian intervention/duty to protect,
peacekeeping versus peace enforcement, and element of post-conflict including truth
commissions, refugees, and land distribution. Student will be call upon to make
presentations in the final sessions of the Module with regard to country specific means of
conflict resolution.

Equality and the Law
Module Leader: Dr Rory O'Connell

This module aims to provide a comprehensive introduction to the way in which the law
seeks to ensure equality between individuals and groups. The first three weeks will explore
some basic questions in our understanding of equality as a social value. Then four weeks
will be devoted to some key issues in the development of anti-discrimination law in the UK
and EU, before devoting the last four weeks to the International Human Rights law
conceptions of Equality (with a particular focus on the European Convention on Human
Rights).

Human Rights and Exploitation – Defining Slavery and Trafficking
Module Leader: Dr. Jean Allain

This six-week module is research driven and meant to allow students to undertaken
independent research with the aim of establishing the parameters „slavery‟ and „trafficking‟
in various sub-fields of international law or in specific domestic jurisdictions. Thus, with
regard to the slavery in international law, students will be asked to consider the relevant
law applicable in international humanitarian law, in human rights law, in refugee law, or, in
labour law. At the domestic level, students will be able to research the applicable of
provisions touching on slavery in a comparative manner of various Council of Europe
States, or the laws of India or Mauritania. Students will be given specific subject to
research, write and present upon. The module will consider the evolution of slavery and its
legal abolition during the first two weeks then turn to student presentations during the final
four sessions.

Theories of Rights
Module Leader: Dr. Tarik Kochi

Human Rights is a deeply controversial topic and this module will examine some of the theoretical
disputes which have raged around this topic. There are philosophical disputes as to the basis for
human rights, how to interpret human rights and indeed what rights we have. There are also


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serious philosophical challenges to the entire notion of rights. This module will explore some of the
different perspectives.

Women‟s Rights
Module Leader: Ms Eileen Fegan

This module aims to explore how international human rights law operates in relation to
women within various social, political and cultural contexts. We will consider several
themes and topics:

• Feminist theoretical approaches to international human rights law
• The sources and operation of human rights for women
• Women's property and inheritance rights (in Sub-Saharan Africa)
• Abortion and reproductive rights
• Cultural relativism and women‟s rights
• Strategies to enhance women's rights in practice

Children‟s Rights
Module Leader: Dr. Aoife Nolan

This module traces and locates the development of children‟s rights within the historical,
political and ideological contexts of changing perceptions and representations of
„childhood‟, examining the internationally agreed rules and conventions and considering
contemporary national and international debates concerning their implementation. Topics
covered in the module will include: the relationship between age and power, and its
significance for the rights of children and young people both in private and public domains
▪ the participation rights of the child ▪ the regulation, criminalisation and punishment of the
child ▪ the social and economic rights of the child ▪ the different enforcement mechanisms
for children‟s rights.

Human Rights and Governance
Module Leader: Dr Rory O‟Connell

This module will explore how human rights affect governance in today‟s world, with a
particular focus on democratising governance. The module considers the relationship
between rights and democracy. It examines the emergence of a right to democracy in
international human rights law, and explores the legal requirements of any such right at the
European and United Nations level. The module introduces participants to different notions
of democracy, asking which models are furthered by the human rights regime, and whether
those models are satisfactory. The module examines the nature of representative liberal
democracy as the model typically promoted by human rights law and examines
complementary or alternative models such as participatory democracy.


Dissertation
The schedule is proposed as:

DISSERTATION WORKSHOP - December

SUBMISSION OF PROPOSALS - 1st day of 2nd Semester

SUPERVISOR ALLOCATIONS - by mid-February



                                                                                                  19
OFFICE SUPERVISIONS - primarily February to June. Supervision after June to be
agreed between supervisor and student.

SUBMISSION OF DISSERTATION: 1st Tuesday in September


Politics Modules

Northern Ireland and the World

It used to be common for the protagonists in the conflict in Northern Ireland to claim that
the situation here is unique. With the growth of greater awareness of the existence of
deeply divided societies in other parts of the world, political discourse in Northern Ireland
has been strongly influenced by comparisons with other societies, especially since the
start of the peace process in 1993. This course critically examines the role of external
forces (such as the American connection and a possible European role) on the evolution of
both the conflict and the peace process. It also looks at a series of comparisons of
Northern Ireland with other societies (for example, South Africa, Israel/Palestine, the
Basque country, Cyprus, Corsica, Puerto Rico, Quebec, Sri Lanka and East Timor) and
critically examines the similarities and differences between them and Northern Ireland. In
the process, general themes, such as the role of interpretations of self-determination, the
impact of partition and the salience of island status are explored.

Nature of Ethnicity and Ethnic Conflict

The focus of this first semester core module is on the nature, extent and explanations of
these ethnic and national conflicts. We examine the theories and concepts of ethnicity,
kinship, nations, nationalism, ethno-nationalism and gender as they relate to contemporary
conflicts. The incidence and causes of violent conflict are explored by examining
genocides and forced mass population transfers. The dynamics of integration and dis-
integration lead into an exploration of the principle of national self-determination.

National and Ethnic Conflict Management

This module examines the principal strategies and techniques of conflict regulation,
including: the context and practicalities of negotiations; usefulness (and problems) of
mediation and third-party interventions, territorial management of divisions, whether by
means of federalism, „re-scaling‟, or
partition; consociationalism as a means of conflict-management; mediation and
negotiation; post-conflict reconstruction and peace-building.




                                                                                           20
LLM/MSSc in Human Rights and Criminal Justice

Useful introductory texts include:

Maguire, M., Morgan, R. & R. Reiner (eds) (2002) The Oxford Handbook of Criminology.
Third edition (see also second edition), Oxford: Oxford University Press and Criminological
Perspectives Eds. J. Muncie and E McLaughlin & M. Langan (1995) Sage. We strongly
recommend that you buy at least one of these texts - they are available at the Bookshop at
Queen‟s opposite the main campus. In addition, for students who are completely new to
Criminology, you may wish to purchase The Sage Dictionary of Criminology, J. Muncie
(2001) Sage.


Semester 1

THEORY AND PRACTICE IN CRIMINOLOGY

On completion of this twelve week module each student should be conversant with the
dominant paradigms in western Criminology, and will be able to demonstrate the insights
that can be gained from such theories and their application to specific criminal justice
problems and to apply such theories to practical situations. Through a critical and
evaluative exposition of criminological theory, students will be shown that that concepts
such as „crime‟, „criminality‟ „policing‟ and „punishment‟ do not have any universal or
general relevance, but rather can be said to be „socially constructed‟ and contingent upon
a range of historical, political, social and cultural factors. The course will also demonstrate
how an applied use of criminological theory can be used to deconstruct the
„commonsensical‟ and often media-inspired explanations for a range of contemporary
problems, and accounts of criminality.

CRIMINAL JUSTICE PROCESSES

The aim of this twelve week module is to enable students to develop a clear knowledge
and understanding of the aims and values of criminal justice processes, policies and
practices. The issues and tensions that confront the wide range of participants in criminal
justice processes will be examined and the cultural and political contexts in which criminal
justice processes function will be considered. In the module we hope to cover: Models of
Criminal Justice; Criminal Investigations; Suspects Rights; Forensic Expertise; The Role of
the Prosecution; Preparation for Trial (Disclosure); The Role of the Trial Judge; Lay
Participation in the Criminal Process; Principles of Sentencing; The Role of Victims in the
Criminal Process and; Miscarriages of Justice.

Semester 2

SENTENCING

The sentencing of offenders by the courts is a key stage in the criminal justice system. This
module evaluates the theoretical and practical aspects of the sentencing process. It
explores the sociological aspects of judicial decision making such as the complex
relationship between the judiciary, political, public and media pressures and the actual
sentences received by offenders, as well as the traditional theories of punishment which
underpin sentencing practice. In addition, the module also examines the actual sentencing
process in terms of the principal criteria influencing the judge‟s decision and the range of
sentences in the judicial armory from custody to diversion as well as more controversial


                                                                                            21
sentences such as electronic tagging and restorative justice measures for particular
classes of offender.

MANAGEMENT THEORY AND THE CRIMINAL JUSTICE SYSTEM

This course provides a theoretical overview of the various management strategies that are
used within criminal justice agencies. The principal objectives are (a) to provide students
with the theoretical and conceptual tools of organisational management and behaviour in
order to consider and understand issues around the management of the criminal justice
system in Northern Ireland with reference to other jurisdictions, (b) to consider the
obstacles and limitations to effective management and (c) to understand the ethical issues
and those of accountability that policy makers and managers must take account of in the
management of the criminal justice system.

MANAGEMENT PRACTICE IN THE CRIMINAL JUSTICE SYSTEM
This course aims to supplement and develop a number of themes and issues covered in
Management Theory in the Criminal Justice System. It seeks to give an understanding of
the functions, management and structures of the criminal justice system with specific
reference to the criminal justice agencies in Northern Ireland and where appropriate the
rest of the UK and other jurisdictions. It will also consider how well (or otherwise) criminal
justice agencies meet their aims and objectives and deliver „value for money‟ within the
public sector. An opportunity will be given to meet with senior members of the Northern
Ireland criminal justice agencies in order to gain knowledge, first hand, about the
management of those agencies and of the pressures and significant issues managers
face.

TRANSITIONAL JUSTICE AND CONFLICT TRANSFORMATION

The aim of this course is to develop a critical understanding of the relevance of what is
increasingly referred to as „transitional justice‟ in the resolution of social and political
conflict. The module will critically explore the historical and contemporary meaning of the
term transitional justice and the ways in which it has been applied in various jurisdictions
emerging from conflict. Students will be asked to consider the various philosophical and
moral issues associated with this subject including notions of accountability, justice,
expediency, reparations, reconciliation and political generosity. They will then be asked to
analyze the pros and cons of all of the major strategies and mechanisms available for the
pursuit of post conflict justice including the international ad hoc criminal tribunals for
Rwanda and the former Yugoslavia (the ICTR and the ICTY), The International Criminal
Court, the hybrid tribunals in Sierra Leone and East Timor, the use of Truth and
Reconciliation Commissions and various community based initiatives which are discussed
as examples of „transitional justice from below.‟ Students will finally critically reflect upon
the particular challenges associated with international justice and the reconstruction of the
domestic justice system in post conflict countries and the role more generally that justice
plays in a process of political transition.




                                                                                             22
                             TEACHING AND ASSESSMENT

Postgraduate Research Training

All students will also be expected to follow some postgraduate research training which is
provided by the Law School throughout the year. The programme will begin with eight
sessions offered as part of the Human Right I module which are designed to assist all
postgraduates in effective use of the facilities and techniques necessary to the satisfactory
completion of their dissertations and other coursework requirements.

Expectations of Teaching Staff

The LLM in Human Rights and the LLM/MSSc. in Human Rights and Criminal Justice are
taught postgraduate degrees. The emphasis is on you as the student to prepare and often
deliver the material, under the guidance of the lecturer.

At the Postgraduate level there is no constant stream of lectures to fill the day. Instead,
contact is usually through seminars which are held on a weekly basis. Taught courses are
more supportive to the student, and develop their confidence in doing advanced work
through to a final position where the student can carry out independent research. Thus our
degrees require students to produce a dissertation of around 20,000 words on an original
topic. It is not uncommon for work carried out on our Postgraduate Programmes to be
published, and certainly students should aim for a publishable standard.

You should expect that seminars will emphasise that you are to lead rather than the
lecturer and require considerable reading and your own initiative. Some seminars may ask
you to make presentations. This is a student led not lecturer-led degree. Few formal
lectures as such are given, and seminars are conducted in a more informal style. Although
reading lists will be provided, and in some cases reading material, at LLM level the wider
reading you undertake the better your knowledge and understanding of the area will
become. You are therefore expected to read wider than the prescribed texts.

For us to get to know you, you have to meet with us on a regular basis. It is essential that
you maintain contact with staff and keep us informed of any difficulties that may affect your
work (you do not have to be specific about the situation). We may be able to help.

It is expected that you will attend all seminars. The missing classes will be brought to the
attention of the School and students will be contacted to ascertain whether, in light of their
absence, they wish to continue in the Programme. Although we are aware that many of
you will have jobs, full-time employment and other commitments, it is essential that you
attend. It is your responsibility to catch up on work you have missed and to find out what
will be covered the following week. Make every effort to attend on time, if you are late for a
session, place join the session rather than not attending.

Assessment

The aim of written work is to check your understanding of a topic from theoretical, policy
and practical levels. They should reflect the variety of views and literature to be found on
the subject in question. Work should be annotated, type-written, indicate material sourced,
reference quotations and ideas from other authors and provide a bibliography of all
material accessed for the work.




                                                                                           23
                 Law School Postgraduate Policy on Assessment

Handing in of Essays

Two copies of each assessment must be signed in. Work will be stamped with the date it
comes in.

Module essays should be anonymised (no names, but include your student number) and
include a cover sheet.

The Students‟ Office is where assessments should be handed in. Coursework should
NEVER be handed in to the individual module leader.

The student office is on the Ground Floor (Room G01, 28 University Square. Office hours
are Monday to Friday 9.30am – 1pm and between 2.00 – 4.30 pm.

You may ask someone else (a fellow student or family member) to sign in the work for you.
If this is not possible you may, in exceptional circumstances, prearrange an alternative
time with one of the administrative staff. Please phone the Postgraduate Secretary on
90973476 to discuss this.

Under exceptional circumstances it may be possible for you to send your coursework by
post, but you will not have signed proof that it has been handed in, and this should also be
pre-arranged via the Postgraduate Secretary.

Cross Border Students

You are expected to go to Galway for the beginning of teaching. You should post your
work from Galway to the Postgraduate Secretary. Please make sure to use recorded
delivery. The work should be postmarked no later than the submission date.

Problems Affecting your Work

If you are having difficulties that may affect your studies please let us know. Make sure
you let the coordinator of your pathway, who acts as your advisor of studies, knows of any
such problems as soon as possible. You may find it necessary to see the Student
Counselling Service or the University Health Centre or Disability Services. Details of these
services are available at:
http://www.qub.ac.uk/home/StudyingatQueens/StudentServices/Counselling/
http://www.qub.ac.uk/home/StudyingatQueens/StudentServices/UniversityHealthCentre/
http://www.qub.ac.uk/disability/


Word Length

University Regulation 6.28 also requires Schools to penalise students who exceed the
word limitation set for essays/coursework. The penalty for exceeding the word
limitation is as follows:


                                                                                         24
More than 10% over the limit deduct 5%
More than 20% over the limit deduct 10%
More than 30% deduct 20%.

The word length includes footnotes and references but does not include your bibliography.

Extensions Policy

It is essential that you submit your coursework on time. Strict penalties are applied for
lateness and will be applied unless prior approval has been sought for an extension.
Essays submitted late will lose five marks for each day that they are late. After five days
the essay will receive a mark of zero. Essays required to be submitted within a particular
time, say 4pm, will be considered one day late if they are submitted at say 5pm on the
same day.
Extensions are only granted in exceptional circumstances. You should fill in and submit
to the Law School General Office a coursework extensions form and you must provide
documentary evidence, such as a doctor‟s certificate, counselling letter, etc. It is your
responsibility to provide the evidence and no extensions will be provided without it.

Extensions should normally be requested in advance. Extensions can only be granted at
the latest within three working days after the due date, otherwise the work will be
counted as late. There will be no retrospective extensions.
Only the postgraduate examinations officer can authorize an extension: module
coordinators and pathway coordinators cannot.

Examples of excuses that will not accepted

Computer related problems (printer problems, computer viruses, failure to keep backups),
language difficulties, non-degree related work commitments, minor illness, and getting
married.

Examples of valid excuses
Bereavement, serious illness or accident, or unexpected homelessness or other serious
personal disruption

If you are experiencing problems you should approach the pathway coordinator as soon
as possible. It may be appropriate to discuss solutions such as short extensions,
switching to a part-time degree or temporarily withdrawing from the programme.

Plagiarism

Plagiarism is a serious academic offence. Issues of plagiarism are taken very
seriously by the School of Law. Students are responsible for knowing the
University’s standards and abiding by them.

According to the University General Regulations “It is an academic offence for a student to
commit an act whereby he/she gains or attempts to gain an unfair advantage”.

Assignments require you to develop a written argument in response to a particular issue.
This will require you to draw upon a variety of sources, as well as literature written by other
academics. You are expected within your assessments to use such material, but you

                                                                                            25
should always reference to the fact that you have done so. This means citing the relevant
details of the author and title of the piece used (see below) every time you use them. So if
you use their words you must put them in quotation marks and indicate where you got
them from, if you use their ideas, you must similarly indicate the source. If you fail to do so,
you could be found guilty of plagiarism.

This is a serious offence and will be penalised, resulting in you failing the module or
even the degree. Instances of plagiarism will be reported to the professional legal
bodies, who regard plagiarism as evidence of being unfit to practice law.

The General Regulations define plagiarism “as the presentation of the work of others as
the writer‟s own without appropriate acknowledgement”. The Regulations go on to say “It
is also an academic offence for a student to permit another student to copy his/her work
submitted for assessment”. You should refer to the University General Regulations further
information.           This           is          available           online           at
http://www.qub.ac.uk/directorates/AcademicStudentAffairs/AcademicAffairs/

The School of Law is in the process of introducing the use of JISC plagiarism detection
software in some modules from 2006/7. JISC is an online service that allows both students
and staff to make an electronic comparison of students' work against electronic sources as
well as against other students' work. In modules where JISC is being piloted, students will
be given additional training on referencing and the proper use of sources.




                                                                                             26
                          Student Support and Complaints Mechanisms

Please see
http://www.qub.ac.uk/home/TheUniversity/GeneralServices/Informationfor/Students/

for a full list of the University‟s facilities for students.


Evaluation of the Degree

Each module will have a module review at the end of the course. This will be a meeting in
which you can raise concerns about the way in which the course is run. These reviews
feed back into any changes that may be required for the forthcoming years.

A mid session review of the degree will be held towards the end of the first semester. This
is for the whole course and can include your ideas about individual modules, as well as the
way in which the course is run as a whole.


Computing and Word-Processing Facilities

Student computing facilities are provided by the Student Computing Services and are
described at: http://www.qub.ac.uk/directorates/InformationServices/StudentComputing/


Travel Grants

See the following website for details of travel grants:

http://www.qub.ac.uk/directorates/AcademicStudentAffairs/AcademicAffairs/ScholarshipsA
wards/

Dealing with Problems

Numerous issues may affect you during your time as a student at Queen‟s. These may
include personal, financial as well as difficulties or concerns with the course. It is essential
for you to maintain regular contact with tutors and should inform them of any difficulties
which impact on your work (you do not need to be specific). Support will often be available
and staff will do their best to assist students during their studies.

Support may be available from one or more of the following persons:
- Module Leaders: they are primarily there to manage the course, but if you have a
  concern that relates to that particular module they should be contacted in the first
  instance. It is essential that you keep them informed of any seminars that you miss.
- LLM/MSSC Co-ordinators should be contacted for any difficulties with the course as a
  whole
- Head of School: the Head of School is available if you cannot solve your problem by
  approaching the above members of staff first. You should make an appointment in the
  Head of School Office

Most importantly, the Law School is anxious to support students who are facing genuine
difficulties and you can contact any member of staff with whom you feel comfortable.

The University itself also provides a number of support services:

                                                                                             27
University Student Counselling Service
http://www.qub.ac.uk/home/StudyingatQueens/StudentServices/Counselling/
This provides confidential counselling and can help if you want to talk through a problem,
regardless of how big or small. The Student Counselling Service offers a confidential,
friendly and professional service to those who are experiencing difficulties during their time
at University. Problems may relate to either academic or personal concerns. They are
situated on the top floor of the Student Union building. For further information, or to
arrange an appointment, please phone or call up between 9.00 am and 9.30 am, Monday
to Friday, or leave a message at any time on our answering machine, which we will
respond to as quickly as possible. Brief contact may also be made between appointments
i.e. on the hour. Tel: (028) 90324803 Ext. 129.
 (028) 90973742
University Health Service
http://www.qub.ac.uk/home/StudyingatQueens/StudentServices/UniversityHealthCentre/
The Health Services is situated at 5 Lennoxvale (behind Science Library), Tel: (028) 9033
5319

Equal Opportunities Unit
http://www.qub.ac.uk/eou/
Any complaint relating to harassment or discrimination on the grounds of religious belief,
political opinion, race, sex, colour, ethnic origin, sexual orientation or disability will be
investigated using the Student Complaints Procedure, with the advice and involvement of
the University‟s Equal Opportunities Unit at Level 4 Administration Building, University
Road; Tel: 028 9097513

Student Complaints
http://www.law.qub.ac.uk/currentstud/complaints.html
If you are unhappy about a University policy or regulation, you should raise your concerns
in the first instance with the Students‟ Union.

You should first try to raise your complaints informally with those closest involved in the
matter. If this is unsuccessful, and you have tried others within the School and Faculty, you
can submit a complaint in writing to the Academic Council Office. This must be done within
ten days of the outcome of the informal stage, or 25 days from your first becoming aware
of the matter, if you prefer not to go through informal channels. If still unhappy with the
response to your complaint, you can appeal to the Pro-Vice-Chancellor (Students and
Learning), again using a standard form. An appeal panel, made up of people with no prior
involvement in your case and chaired by a lay member of Senate, will then meet, normally
within 25 working days. You should learn the outcome within 5 days of the meeting. (Note:
The response times indicated above may be unachievable outside the usual semester
dates. In such cases you should receive an interim reply with a contact name and a date
by which you can expect to hear further.)

Advice and complaint forms can be obtained from the Academic Council Office (Tel: 9097
3006, or use internal extension 3006, or email academic.council@qub.ac.uk). Complaint
forms are also available from Faculty Offices, the Students‟ Union, the PEC, the University
Health Service and the Library.




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                            FAQs – Frequently Asked Questions

If you want to change your degree or leave
There may be circumstances where you feel that you can no longer continue with the
degree. Fees can be refunded up until the end of October of the year you start. Fees for
the subsequent semester can be funded provided you inform us before the end of
February.

If you want to convert from full-time to part-time or vice-versa
There is usually not a problem with this, and the fees will be adjusted accordingly. You
should check with the LLM Co-ordinator and Ms. Spence if you wish to do this.

If I have questions about Fees
Please contact the Finance Department on 9097 3024 or 9097 3025.

If you fail a module or the dissertation
 All modules must be passed individually, regardless of the method of assessment.
 A candidate who fails a module may, at the discretion of the School, re-sit for that
    module. Only one resubmission will be permitted in each module. In the absence of
    medical or extenuating circumstances any resubmitted work may not be marked higher
    than a pass mark.
 A candidate who fails the dissertation may, at the discretion of the School, re-submit
    the dissertation. Only one resubmission will be permitted. In the absence of medical or
    extenuating circumstances any resubmitted work may not be marked higher than a
    pass mark.
 A candidate who, after any final resubmissions, has a mark on a Masters module that
    falls within the band of 40-49% or who fails to achieve a mark of 50% in the
    dissertation, may be offered a Diploma in Human Rights.

How much time should I expect to spend weekly preparing work?
If you are a full time student you should treat the degree as though it is a full time job:
therefore spending on average a full working week: 35-40 (including attendance at
seminars) preparing material and studying. Part timers should spend around half of this
time.

What if I have never studied law or worked in human rights before?
A significant number of students take these degrees without ever having studied law or
human rights before and we are aware of this. It may require you to read more than others
to get to grips with basic concepts at the start of the course, but we do not imagine you to
be in a worse position than others who may have studied law before. If you are
experiencing difficulties at any time during the course you should see your personal tutor,
module leader or LLM coordinator.

What if I am in the Cross-Border degree and wish to stay at Queen‟s?
We ask students to commit to Programmes and accept them on that basis. If you have
been accepted onto a Cross-Border Programme, then you will not be allowed to transfer to
a QUB only programme.

If you cannot finish the dissertation by the hand in date

If you cannot finish your dissertation by the due date, then it may be possible to register as
a write up student and submit the dissertation at a later date. This entails paying a fee
and graduating later.

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Where are classes held
Seminars are held around the campus of Queen‟s University all within easy walking
distance of the law school. The School also has its own rooms located in houses 27-30 of
University Square. Details on notice board in Law School.

Where to afterwards: Careers

You may want some advice towards the end of the course as to where to take your degree.
The University Careers Advice Centre is a useful starting point. Information is available on
their web-site http://www.qub.ac.uk/co/

If you want to talk it over with a member of staff, please feel free to approach any member
of staff.

Possible routes for students completing the LLM include working for local and national
organisations, non-governmental as well as government institutions; international
institutions such as the UN and its various bodies.

You can choose to take a higher degree by research leading to an MPhil or PhD. The
Centre and Institute welcome innovative proposals for research in relevant areas. Further
information is available if required. This might be useful if you are interested in pursuing an
academic career at a university. For more details, including funding possibilities please
see: www.law.qub.ac.uk/prospective/pg/pgresearch.html




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                                   DETAILS OF STAFF

Dr. Jean Allain B.A., D.P.A, M.A., D.E.A., Ph.D.. Jean Allain is a generalist in international
law with a specialisation in human rights and an expertise in issues of slavery. He was
appointed as Senior Lecturer at Queen‟s in August 2004. He completed his studies at the
Graduate Institute for International Studies of the University of Geneva in 2000. He had
previously written his Master‟s thesis at the Inter-American Court of Human Rights, in San
José, Costa Rica.. While undertaking graduate studies in Geneva, he spent six months in
The Hague, as a law clerk at the International Criminal Tribunal for the former Yugoslavia.
Dr. Allain has published in a number of leading international journals including the
European Journal of International Law, International Journal of Refugee Law, and Human
Rights Quarterly. He is author of: A Century of International Adjudication (2000) and
International Law in the Middle East (2004), and editor of Unlocking the Middle East: The
Writings of Richard Falk (2003). Dr. Allain is the Editor of the Irish Yearbook of
International Law and a member of the International Editorial Board of the African Journal
of Human Rights Law. Dr. Allain is on research leave during the fall semester in Geneva
where he is completing a book entitled: The Slavery Conventions: The Travaux
Préparatoires of the 1926 League of Nations Convention and the 1956 United Nations
Convention, to appear in 2008.

Professor Brice Dickson B.A., B.C.L., MPhil. Brice Dickson BA, BCL, MPhil. Professor
Dickson graduated from the University of Oxford with undergraduate and postgraduate law
degrees in the mid-1970s and was called to the Bar of Northern Ireland in 1976. He then
held a Leverhulme European Studentship at the University of Paris II(Sorbonne) and
lectured for two years at the University of Leicester. He returned to Northern Ireland in
1979 to lecture at Queen's. From 1991 to 1999 he was the foundation professor of law at
the University of Ulster. During most of that period he served as a Commissioner and,
later, deputy chair, of the Equal Opportunities Commission for Northern Ireland and in
1999 he was appointed as the full-time Chief Commissioner of the Northern Ireland
Human Rights Commission He returend to Queen's in 2005 as Professor of International
and Comparative Law. Professor Dickson has written the standard textbook on the legal
system of Northern Ireland (now in its fifth edition) and has written or edited other books on
French law, the European Convention on Human Rights, civil liberties in Northern Ireland,
and the House of Lords. His main research interests at present are the role of Supreme
Courts (especially adjudication within the House of Lords), the methods for reviewing the
effectiveness of counter-terrorism measures, and the role of amnesties in conflict
resolution.

Ms. Eileen Fegan, LL.B., LL.M.. Eileen Fegan graduated in Law from Queen‟s University
in 1992. In 1994 she was awarded an LLM in Feminist Legal Theory the University of
British Columbia, Vancouver, Canada, after which she held lecturing posts in Lancaster
University, New College, Oxford and Cardiff Law School. In her earlier career she wrote
substantial articles on feminist legal theory and carried out funded empirical research in
Canada on women‟s experiences of abortion decision-making, publishing articles in
Feminist Legal Studies and Social & Legal Studies. In 1999 Eileen was a visiting scholar at
Harvard, Boston and York (Toronto) University Law Schools. She also played a central
role in developing Women‟s Studies in An-najah University on the West Bank. She
rejoined Queen‟s University 2000, where she specialises in Gender and Law and
Women‟s Human Rights. Eileen has published recently on Northern Irish abortion law,
„post-abortion syndrome‟ in North America and legal education in the UK. She is currently
involved in several community outreach projects throughout Northern Ireland, with „Women
into Politics‟.

                                                                                           31
Professor Tom Hadden BA 1961, LLB 1962, PhD 1967(Cambridge) is a part time
Professor of Law. He helped to found the LL.M programme in human rights in 1989. He
was a part-time Commissioner of the Northern Ireland Human Rights Commission from
1999 to 2005, a member of the Standing Advisory Commission on Human Rights from
1985 to 1990, and has for many years been active in the human rights field, particularly
that of minority rights and emergency law. Among his recent publications are Northern
Ireland: The Choice (Penguin Books 1994) (with K.Boyle), The Protection of Human Rights
in the context of Peace and Reconciliation in Ireland (1996) for the Dublin Forum for Peace
and Reconciliation, several working papers for the UN Working Group on Minorities, most
recently International and National Action for the Protection of Minorities (2004) and
Integration with Diversity in Security, Policing and Criminal Justice (2006). He has also
published pamphlets on the issues of separation and sharing as part of the Human Rights
Centre's occasional papers series.

Professor Colin Harvey LL.B., PhD. Colin Harvey is the Head of the Law School at
Queen's. He is also Professor of Human Rights Law and Director of the Human Rights
Centre. From 2000-2004 he was Professor of Constitutional and Human Rights Law,
School of Law, University of Leeds and Co-Convenor of the Human Rights Research Unit.
In 1999, he was a Visiting Professor at the Refugee and Asylum Law Program, Faculty of
Law, University of Michigan. Professor Harvey was appointed to the Northern Ireland
Human Rights Commission in June 2005 and took up his position as a part-time
Commissioner from 1 September 2005. He is on the Advisory Board of the British Institute
of Human Rights. He was a member of the Northern Ireland Higher Education Council
from 2002-2006 and a member of the Steering Committee of the UK section of the
International Association of Constitutional Law from 2003-2006. He was Refugee Co-
ordinator for Amnesty International (Irish Section) 1998-2000 and a member of the
Executive of the Committee on the Administration of Justice 1999-2000. He is on the
editorial board of Human Rights Law Review and is the Case Editor for the International
Journal of Refugee Law. He has published extensively in academic, and more popular
formats, on issues of human rights law and politics. He is the General Editor of Human
Rights Law in Perspective published by Hart Publishing. His books include: Seeking
Asylum in the UK: Problems and Prospects (2000, Butterworths), Human Rights in the
Community: Rights as Agents for Change (ed., 2005, Hart Publishing), Sanctuary in
Ireland: Perspectives on Asylum Law and Policy (ed., with Ursula Fraser, 2004, Institute of
Public Administration), Human Rights, Equality and Democratic Renewal in Northern
Ireland (ed., 2001, Hart Publishing). His articles include: (with J.C. Hathaway) 'Framing
Refugee Protection in the New World Disorder' (2001) Cornell International Law Journal
257, 'The Right to Seek Asylum in the European Union' [2004] European Human Rights
Law Review 17-36, 'Dissident Voices: Refugees, Human Rights and Asylum in Europe'
(2000) 9 Social and Legal Studies 367

Dr. Tarik Kochi, B.Com., LL.B., PhD. Tarik Kochi studied law at Griffith University,
Brisbane, Australia. He has held a number of post-doctoral research scholarships, in 2004
with the German Academic Exchange Service (DAAD), Philosophy Faculty, Eberhard
Karls University, Tübingen, Germany, and in 2005 with the Socio-Legal Research Centre,
Griffith University, Brisbane, Australia. In 2006 he was a research fellow at the Altona
Foundation for Philosophical Research, Hamburg, Germany. He joined the School of Law
at Queen‟s in September 2006. His research focuses upon the contemporary problems of
war and terror, the theory of violence, and legal and political philosophy.

Dr. Alison Mawhinney BA., LL.M., PhD. Alison Mawhinney completed her undergraduate
studies at Trinity College Dublin where she graduated with a BA (Hons) in Political Science

                                                                                        32
in 1988. She completed a LLM in International Human Rights Law at the University of
Essex in 1996 and a PhD at Queen's University Belfast in 2005. She has worked for a
variety of organisations in the field of human rights including the Irish Refugee Council, the
Council of Europe, the OSCE and the UN WFP. She is currently involved in research in
the areas of freedom of religion in schools, religious discrimination in employment and the
human rights obligations of non-state service providers.

Dr. Joseph Mwaura, Joseph Mwaura, LLB, LLM, PhD. Joseph Mwaura graduated in law
from the University of Nairobi in 1996. He has an LLM degree in International Law from
Staffordshire University and a PhD in Corporate Law from the University of
Wolverhampton. He is an Advocate of the High Court of Kenya and a member of the Law
Society of Kenya. He is also a member of the Executive Committee of the Northern Ireland
Council for Ethnic Minorities (NICEM). His main research interests are in the areas of
corporate governance, corporate social responsibility, and the regulation of corporations
and their impact on human rights standards. He is currently doing research on
constitutional regulation of corporations and corporate complicity in human rights
violations. He is also serving as an expert researcher for the International Commission of
Jurists‟ Expert Legal Panel on Corporate Complicity in International Crimes where he is
focussing on corporate structures and their role in determining liability within corporate
groups.

Dr Aoife Nolan, LLB, PhD. Aoife Nolan is Assistant Director of the Human Rights Centre
at Queen's University, Belfast. She has previously worked as a Senior Legal Officer with
the Economic, Social and Cultural Rights Litigation Programme at the Geneva-based
Centre on Housing Rights and Evictions. She is Coordinating Editor of the Housing & ESC
Rights Law Quarterly. In addition to other activities, she is a Research Associate with a
Think Tank for Action on Social Change, Ireland and is involved in their Democracy Audit
Ireland Project. She has also served as a Council of Europe Expert. During the course of
her studies, she was a Visiting Research Fellow at Columbia University School of Law,
New York, a Thomas Addis Emmet Fellow in Public Interest Law at the University of
Washington, Seattle, and spent time as a Visiting Student at the University of Cape Town.
Her primary areas of research are economic and social rights, children's rights,
international human rights law, public interest law and comparative constitutional law.
She has written and been published on these topics. She is currently working on a
monograph on children's socio-economic rights, democracy and the courts, which will be
published by Hart Publishing in 2007.


Dr. Tom Obokata, BA, MA, LLM, PhD. Dr. Obokata is Assistant Director of the Human
Rights Centre. He is a Japanese scholar who joined the Human Rights Centre in 2006.
After completing his first degree in International Relations (Honours) at the University of
Southern California (1997), he moved to the United Kingdom to pursue postgraduate
studies. He obtained an MA in Theory and Practice of Human Rights (Essex)(1999), LLM
in International Criminal Law (Sussex)(2000), and PhD in Law (Nottingham)(2004). Prior
to his study at Nottingham, Tom worked for the United Nations High Commissioner for
Refugees (UNHCR) Regional Office of Japan and the Republic of Korea (1999-2000). His
research focus has been the human rights aspects of trafficking of human beings, and he
currently serves as a Specialist Advisor to the Joint Committee on Human Rights of the UK
Parliament on the subject matter. Previously he was an independent expert for a joint
European Union/Council of Europe project on trafficking (2004-2006). He is also a
researcher for the International Human Rights Network (http://www.ihrnetwork.org) and
consults for Iselin Consulting (http://www.iselinconsulting.com), which specialises in
criminal intelligence (with a particular focus on transnational crimes), human rights
                                                                                           33
protection, and international law enforcement co-operation. His representative publications
include Trafficking of Human Beings from a Human Rights Perspective: Towards a Holistic
Approach (Martinus Nijhoff Publishers 2006), Trafficking of Human Beings as a Crime
against Humanity: Some Implications for the International Legal System (2006)
International and Comparative Law Quarterly, Illicit Cycle of Narcotics from a Human
Rights Perspective (2007) Netherlands Quarterly of Human Rights,

Dr. Rory O’Connell, BCL, LLM, PhD. Rory O'Connell graduated from University College
Dublin in 1992, and wrote a masters by thesis on The Irish Courts and Equality Before the
Law at the same institution in 1993. He moved to Florence to write a PhD on the theory of
constitutional interpretation at the European University Institute (Who's Afraid of Natural
Law?). He graduated from Florence in 1997 and took up a position lecturing in
Comparative Law at Lancaster University Law School. In 2001, he moved to Queen's
University where his research and teaching is in the areas of Human Rights and Equality,
Constitutional Law and Legal Theory. His publications include Legal Theory in the Crucible
of Constitutional Justice (2000) and articles in Ratio Juris and the European Human Rights
Law Review and other journals.


There are a number of staff involved in teaching the LLM/MSSc. in Human Rights and
Criminal Justice:

Dr. Karen Brennan graduated in law from University College Dublin in 2000. She entered
into the integrated LLM/PhD programme in October of that year; and was awarded a
Government of Ireland Research Scholarship for the Humanities and Social Sciences in
2002. Karen's chosen thesis topic was the law on infanticide. Her research involved an
analysis of cultural and historical perspectives on maternal child killing, an examination of
the development of infanticide legislation in both England and the Republic of Ireland, and
a comparative exploration of the continued relevance of such laws. Karen completed her
PhD thesis in 2006. She is interested in continuing research in the area of infanticide as
well as in other areas of criminal law. During the course of her postgraduate studies in
UCD, Karen was a Senior Tutor in Criminal Law. She was also a member of the Editorial
Board of the UCD Law Review. In 2006, Karen was appointed as Researcher to the
Rapporteurs on the Legal Protection of Children in the Republic of Ireland. In October of
that year, she took up the position of lecturer in law in Queen‟s University Belfast. Karen
teaches on a number of undergraduate and postgraduate criminal justice modules,
including Criminal Law, Criminal Process 2, Evidence, and Criminal Justice Processes.

Ms. Clare Dwyer joined QUB's Law School in January 2007. Previously, she had been
Lecturer in Law at the Transitional Justice Institute, University of Ulster where she taught
on the areas of International Human Rights Law, International Criminal Justice & Law
Enforcement and Criminal Law. In 2004, Clare had worked within the School of Law at
Queen‟s and was involved in a major multidisciplinary research project evaluating
Children‟s Rights in Northern Ireland. From 2002 – 2004, she worked as Projects Manager
for Donnelly-Hall Ltd, a management and research consultancy which was engaged by the
Department for International Development, World Bank and the United Nations, to provide
technical assistance in the areas of legislation and criminal justice to countries from the
former Soviet Union and Former Yugoslavia. Clare has been involved in projects reviewing
and updating legislation in Kosovo and the Safety, Security and Access to Justice
Programme (SSAJP) in Bosnia & Herzegovina, Croatia, Kosovo, Macedonia and Serbia &
Montenegro. From 2000 - 2002 she was employed part-time as a researcher on a number
of projects based in the Institute of Criminology and Criminal Justice at Queen's and also
taught on the undergraduate law programme.
                                                                                          34
Dr. Graham Ellison completed his undergraduate studies at Queen's University where he
graduated with a BA (Hons) degree in Political Science and Sociology. He completed his
PhD at the University of Ulster (Jordanstown) in 1996, and in 1997 was appointed to the
post of Lecturer in Criminology at the University of Keele, England. In September 2000 he
returned to Belfast to take up a Lectureship in the Institute of Criminology and Criminal
Justice at Queen's University. He recently completed an ESRC funded research project to
investigate young people's experiences of crime, policing and victimisation in Northern
Ireland, and is current managing a research project funded by the Irish Government to
develop closer criminological and criminal justice research links between the United
Kingdom and Ireland.

Mr. Ray Geary graduated from the University of Strathclyde in 1974. In 1977 he was
admitted as a solicitor to the Law Society of Glasgow. In 1980 he was awarded the degree
of LLM at the University of Glasgow. He was appointed to the post of Lecturer at Queen's
University Belfast in 1979 and became a Senior Lecturer in 1996.

Professor John Jackson graduated in law from the University of Durham in 1976 and
completed an LLM at the University of Wales in 1980. He was called to the Bar of Northern
Ireland in 1977 and to the English Bar in 1985. He was appointed Lecturer in Law at
Queen's University Belfast in 1980, became Reader in Law in 1990 and Professor of
Public Law in 1995. He has taught in a number of law schools apart from Queen's
including University College Cardiff, the City University London and the University of
Sheffield where he was Reader in Law in 1993 and 1994. He was a Visiting Professor at
Hastings College of the Law, University of California in 2000. From 1998-2000 he was an
independent assessor on the Northern Ireland Criminal Justice Review which was
established under the Belfast Agreement to review the Northern Ireland criminal justice
system. He is currently the recipient of a Leverhulme research fellowship into prosecutions
systems and was appointed a research panellist on the Arts and Humanities Research
Board in September 2001.

Ms. Ruth Jamieson completed her undergraduate studies at Queen's University, Canada
where she graduated with a Joint Hons BA in Sociology and English Literature in 1973.
She completed her MPhil in Criminology at the University of Cambridge in 1988 for which
she was awarded the Manual Lopez-Rey Prize. Before joining the Institute of Criminology
and Criminal Justice at Queen's in 2004 she taught at Keele University from 1995-2004
and at Cambridge University. Prior to that she worked for the Canadian Department of
Justice on the research and evaluation of Federal/ Provincial Legal Aid and Access to
Justice Programs. She also has published widely in the areas of war and crime and
transnational crime. She is currently involved in research on topics such as the effects of
long-term imprisonment, and gender and resilience in armed conflict. Ruth is Equal
Opportunities Officer for the School of Law.

Mr. Paul Mageean completed his LLB (Hons.) in law in 1989 and his LLM in Human
Rights Law at Queens in 1994. Paul qualified as a solicitor in 1991 and spent almost five
years in private practice with one of Belfast‟s leading criminal law firms, P.J. McGrory &
Co, where he worked on a number of high-profile Diplock cases. He also worked on the
written submissions in the McCann v UK case which led to the first right to life violation by
the European Court of Human Rights. In 1995 Paul joined the Committee on the
Administration of Justice (CAJ), Northern Ireland‟s foremost human rights organisation, as
their Legal Officer. During his time at CAJ, Paul successfully brought a number of cases
to the European Court of Human Rights leading to the ground-breaking judgments of Kelly
v UK and Shanaghan v UK. He also worked closely with the families involved in the Cory
process leading to public inquiries in the Nelson, Wright and Hamill cases. Paul also led

                                                                                          35
CAJ‟s policy work on emergency laws, criminal justice, inquests and some aspects of
policing. After a short period as Acting Director at CAJ, Paul joined the Court Service as
Head of the Criminal Justice Secretariat in 2004, where he had responsibility for ensuring
implementation of the relevant recommendations of the Criminal Justice Review within the
Court Service. He also provided policy advice to the Director of the Court Service on a
wide range of criminal justice matters and regularly attended meetings of the Criminal
Justice Board. As well as being an experienced criminal justice practitioner, Paul has
published a number of academic articles on the human rights aspects of the peace
process. He has also been involved in extensive human rights training, particularly in the
Middle East, where he participated in a project to train Arab lawyers on behalf of the Law
Society of England and Wales.

Dr. Shadd Maruna joined QUB's Law School in 2005 as a Reader in Criminology.
Previously, he had been a lecturer for four years at the University of Cambridge, Institute
of Criminology, and before that was an assistant professor for three years in the School of
Criminal Justice at the University at Albany, State University of New York. He holds a
Ph.D. in Human Development and Social Policy from Northwestern University (Chicago,
USA) and his work generally involves taking a psychosocial angle on applied, criminal
justice issues. He is particularly interested in the idea of personal redemption. His first
book, Making Good: How Ex-Convicts Reform and Rebuild Their Lives (American
Psychological Association Books) was named the Outstanding Contribution to Criminology
by the American Society of Criminology (ASC) in 2001. In 2004, he was named the
Distinguished New Scholar by the ASC's Division of Corrections and Sentencing. He is the
co-editor of After Crime and Punishment (2004) and The Effects of Imprisonment (2005),
and co-author of Rehabilitation (Key Ideas in Criminology) (2007: Palgrave) and author of
Making Good: How Ex-convicts Reform and Rebuild Their Lives (2001: American
Psychological Association). He is also the book review editor for the journal Punishment
and Society.

Ms. Anne-Marie McAlinden graduated in law from Queen's University in 1996. In1997
she was awarded the degree of MSSC from the Institute of Criminology and Criminal
Justice at Queen's. Anne-Marie was appointed to the post of Lecturer in Law at the
University of Ulster, Jordanstown, in September 2001 and later to the post of Lecturer in
Criminology in January 2003. In the interim period she completed her PhD, a study on the
management of sexual offenders in the community in Northern Ireland, in September
2002. She joined the School of Law at Queen's in September 2003. Her main research
interests lie in the areas of the management of violent and sexual offenders, restorative
justice and criminal justice issues generally. Her book 'The Shaming of Sexual Offenders:
Risk, Retribution and Reintegration' was published in January 2007 by Hart Publishing.

Kieran McEvoy is Professor of Law and Transitional Justice at the School of Law and
Director of the Institute of Criminology and Criminal Justice, Queens University Belfast. He
graduated with a LLB Hons in Law from Queens University Belfast in 1989, an MSc in
Criminology from the University of Edinburgh in 1991 and a PhD from Queens in 2000.
Between 1990-1995 he worked as Information Officer for NIACRO, a large non-
governmental organisation which campaigns on behalf of prisoners their families and ex-
offenders. He has also held a number of visiting scholar positions at a range of institutions
including the New York University Law School, the Institute of Criminology University of
Cambridge, the Mannheim Centre of Criminology at the London School of Economics, the
Berkeley School of Law, University of California, the School of Law at Fordham University
and he spent a year as Fulbright Distinguished Scholar at the School of Law, Harvard. He
is Review Editor of the British Journal of Criminology and a member of the journals'
Editorial Board; and a member of the Editorial Boards of Criminology and Criminal Justice,

                                                                                          36
Contemporary Justice Review and Social and Legal Studies. His is also a member of the
national executive of the British Society of Criminology. He is currently involved in a range
of international comparative research projects on topics including restorative and
transitional justice, ex-combatants, former political prisoners, truth recovery, amnesties
and the judiciary and legal profession in transition. His books include Crime Community
and Locale (with David O'Mahony, J.Morison and Ray Geary) (2000, Ashgate) ;
Paramilitary Imprisonment in Northern Ireland (2001, Oxford University Press- which won
the British Society of Criminology book of the year award); 'Beyond the Wire': Former
Prisoners and Conflict Transformation in Northern Ireland (with P. Shirlow (2008, Pluto),
Truth Transition and Reconciliation (2008, Willan) and co-editor (with T. Newburn) of
Criminology, Conflict Resolution and Restorative Justice (Palgrave 2003) and Judges,
Human Rights and Transition (2007, Oxford University Press) with J.Morison and G.
Anthony.

Ms. Katie Quinn graduated in law from Trinity College, Dublin in 1994. In 1996, she was
awarded the degree of MSc. in Criminology at Edinburgh University. In October 1996 she
was appointed to the post of Research and Teaching Assistant in Criminal Law and
Criminal Justice at Queen's University and in 1998 was appointed to the post of Lecturer in
Law. She teaches criminal law, evidence and criminal process at undergraduate level and
criminal process and procedure at postgraduate level. Her main research interests lie in
the areas of criminal procedure, criminal law, evidence and criminal justice issues
generally.

Professor Phil Scraton is a Professor of Criminology and member of the Institute of
Criminology and Criminal Justice in the School of Law. He graduated in Sociology from
the University of Liverpool where he completed a Masters by research on the Irish
traveling community. His PhD, on police powers and accountability, is from the University
of Lancaster. Previously Lecturer in Criminology at The Open University, he founded the
Centre for Studies in Crime and Social Justice at Edge Hill University and was appointed
Professor in 1991. The Centre established an international reputation in critical criminology
including innovative undergraduate and postgraduate programmes. His main research
interests are: controversial deaths, their investigation and the rights of the bereaved; the
regulation and criminalisation of children and young people; children‟s rights; critical theory
and critical methodology; the 'war on terror' and its impact on human rights, civil liberties
and academic freedom; the politics of incarceration. In 2005 he was awarded a Visiting
Professorial Scholarship to Monash University, Melbourne. His current funded research is:
Understanding the lives of children and young people in the context of conflict and
marginalization.

Mr. Peter Shirlow joined the School of Law in 2007. His main research interests include
ethno-sectarian fear, paramilitary (former) prisoners, conflict transformation and attacks
upon essential services staff. He is co-author of the books Belfast: Segregation, Violence
and the City (with Brendan Murtagh) and ‘Beyond the Wire’: Former Prisoners and Conflict
Transformation in Northern Ireland (with Kieran McEvoy).

Dr. John Stannard graduated from Oxford University in 1973 with a BA in Jurisprudence,
and obtained the degree of BCL the following year. From 1974 to 1976 he was a lecturer
in Roman Law at the University of Aberdeen, and has been on the staff of Queen's
University since 1977. In 1989 he completed his PhD degree, and in 1992 he was
promoted to Senior Lecturer. He is a member of the Society of Public Teachers of Law, of
the Irish Legal History Society and of the Institute of Teaching and Learning. He is also
currently President of the Irish Association of Law Teachers.


                                                                                            37
APPENDIX I Referencing Styles
How to Cite Legal Authorities

Example

Oxford Referencing System

There is a need to respect the decision of majority shareholders because interfering with
their decision would make investors believe that the only changes that would be binding for
a company are those that are supported unanimously. 1 Investors would hardly be
attracted to a company with such a policy because of the trust they have in voting as a
mechanism for approving changes. 2

Requiring directors to take social responsibilities3 into account would also reduce the
abuse of the economic and social power of transnational corporations.4

Introducing an objective element in the assessment of directorial duties5 would raise
standards because directors would be expected to possess the skill that “may reasonably
be expected from a person undertaking those duties”.6

Bibliography

Books

Ayres I and Braithwaite J, Responsive Regulation: Transcending the Deregulation Debate
(Oxford: Oxford University Press, 1992).

Baldwin R et al, Regulation and Public Law (London; Weidenfeld and Nicolson, 1987).

Charlesworth & Morse, Company Law, Ninth edition, (London: Sweet & Maxwell, 1968).

Cheffins BR, Company Law; Theory, Structure and Operation, (Oxford: Clarendon Press,
1997).

Davies PL, Gower's Principles of Modern Company Law, Sixth Edition, (London: Sweet &
Maxwell, 1997).

Dine J, Company Law, (London: Sweet & Maxwell, 2001).

Reports

Committee on Insolvency Law and Practice, Report of the Review Committee on
Insolvency Law and Practice (Cmnd 8558) (London: HMSO, 1982)
1
  BR Cheffins, Company Law: Theory, Structure, and Opreation, (Oxford: Clarendon Press, 1997), p 18.
2
  Ibid.
3
  A Drzemczewski, European Human Rights Convention in Domestic Law (Oxford: Oxford University Press, 1983) Ch
8. Cited in Muchlinski, "The Accountability of Multinational Enterprises and the Right to Development: The
Compensation of Industrial Accident Victims from Developing Countries,’’ [1993] Journal of Legal Studies, 189 at
191.
4
  Op cit n 1, pp 268-278 OR BR Cheffins, op cit n 1, pp 268-278.
5
  Redfern, “An Economy at War with Itself”, The Daily Telegraph, 25 April, 2001.
6
  Per Hicks, “ Directors’ Liability For Management Errors", (1994) 110 LQR 390, at 390. Also see Norman v Theodore
Goddard [1991] BCLC 1028 at 1030 where Hoffmann J observed that “a director who undertakes the management of
the company’s properties is expected to have reasonable skill in property, but not in off shore tax avoidance.”
                                                                                                                38
The Company Law Committee, Report of the Company Law Committee (Cmnd 1749)
(London: HMSO, 1962)

The UK Law Commission, Shareholder Remedies, (Cm 3769) (London: HMSO, 1997).

Articles

Keay, T. "The Director's Duty to Take into Account the Interests of Company Creditors:
When is it Triggered?", (2001) 25 Melbourne University Law Review 315.

Muchlinski, R. "The Accountability of Multinational Enterprises and the Right to
Development: The Compensation of Industrial Accident Victims from Developing
Countries,‟‟ [1993] Journal of Legal Studies 189.

Paliwala, S. "Privatisation in Developing Countries: The Governance Issue", [2000] 1 Law,
Social Justice & Global Development Journal (LGD) 2
<http://elj.warwick.ac.uk/global/issue/2000-1/paliwala.html>, accessed on 20 Oct 2001.

Paton T., "Codification of Corporate Law in the United Kingdom and European Union: The
Need for the Australian Approach", [2000] 11 (9) International Company and Commercial
Law Review 309.

Redfern, F. “An Economy at War with Itself”, The Daily Telegraph, 25 April, 2001.

White, K. "How Should we talk about Corporations? The Language of Economics and of
Citizenship", (1985) 94 Yale Law Journal 1416.

Conference Papers

Kihumba, D. "Setting Governance Policies; Codes or Regulations?" A Panel Discussion
Paper Presented at the Global Conference on Corporate Governance on 10-11 July, 2000
in the Southern Connecticut State University New Haven, USA
<http://www.gcgf.org/library/speeches/Kihumba.doc>, accessed on 27 Nov 2003.

Statutes

Companies Act 1948.
Financial Services Act 1986.
Insolvency Act 1986.
Political Parties, Elections and Referendums Act 2000.

Referencing

Insert a footnote after words in a quote.

References must be precise: give a reference to the relevant page, section or paragraph of
the work cited.
Reference ideas that are not yours (acknowledge the sources of your ideas to avoid
plagiarism)

Plagiarism is a serious academic offence. A plagiarised essay will be marked at 0 % and
the person responsible may have to be reported to the professional legal bodies.


                                                                                          39
Use of Quotations

Try to avoid relying excessively on quotations. Only quote if there is a reason to (e.g. the
matter is contentious, or is very strikingly expressed.)


Referencing (for students taking modules of submitting a dissertation in criminal justice
subjects)

Harvard style:

Journal articles:
Bottoms, A. (1995) „Situational Factors in Crime Prevention‟, British Journal of
Criminology, 21(4) 465-486

Books:
Morgan, V. (1995) Preventing Bullying in a Young Offenders Centre. Belfast: L Northern
Ireland Prison Service

Pratt, J. (1991) „Policing in a Divided Society‟ in M. Bloggs and J. Smith Discourses in the
New Europe. Oxford: Oxford University Press. 141-163

Reference for a report:
South, N. (1993) Drugs and Terrorism: The New Threat. London: Sage

Reference for a chapter in a book:
Skolnick, J.H. and Bayley, D.H. (1987) „Theme and Variation in Community Policing‟ in N.
Morris and M. Tonry (eds) Crime and Justice, Washington D.C.: National Institute of
Justice

If there is more than one article or book by the same author then you may insert a or b. e.g.
Bottoms A. (1995a), Bottoms A. (1995b).




                                                                                           40
APPENDIX II – Dissertation Guidelines

Each student is required to present a dissertation on a topic within the broad themes of the
taught courses. Choice of title will be the student‟s, subject to approval by one of the
course tutors and the availability of appropriate supervision.

LLM in Human Rights and Criminal Justice: Titles should be submitted on a „Dissertation
Title and Supervisor Form‟ to the postgraduate Secretary by the first day of the Second
Semester..

LLM in Human Rights: Titles should be submitted on a „Dissertation Title and Supervisor
Form‟ to the postgraduate Secretary by the first day of the Second Semester.

Dissertations will be expected to be of between 15,000 and 20,000 words and should be
submitted by the end of the academic year in which the student finishes the course. The
dissertation accounts for 60 points out of 180.

1. Dissertation content
The content of a dissertation can vary considerably. But generally, it should fit within the
following parameters:
(a) A critical overview of the research literature on a particular topic
(b) An empirical or legal investigation of a particular thesis – historical or contemporary –
using any of a variety of approved methodological tools.

2. Identifying a topic

A wide range of topics are possible for the dissertation. Central to that decision is an early
discussion with a relevant supervisor from the Centre for Human Rights or Institute for
Criminology, with whom the working title of the dissertation or project should be
formulated. In focusing on a particular dissertation topic, the student should address
specific issues:

(a) What general or specific body of theory does the investigation draw upon?
(b) What information is needed in order to explain the questions posed?
(c) What research method(s) should be adopted to collect the information?
(d) What is the timetable that must be observed in order to collect and analyse the data?
(e) Is access to the data feasible, ethically correct, and what barriers of confidentiality may
be involved?

3. Planning the dissertation

(a) Develop a timetable for the completion of the various stages. Inevitably this timetable
must be flexible to allow for unknown hurdles such as difficulties in obtaining access to
reading matter
(b) Ensure access to appropriate educational materials such as a word processor, library
and Inter Library Loan forms
(c) Ensure that permission has been received from data holders
(d) Ensure that all references used are noted in detail at the time of access. Much tedious
work will occur if you do not make full annotations at an early stage. This material should
be maintained in the same form as the eventual bibliography at the end of the
dissertation/project.
(e) Keep records of relevant illustrative materials such as quotations.



                                                                                            41
4. Outline of dissertation

The dissertation should be type written, double spaced with at least one inch margin and
include the following, where relevant:
(a) Title page and details
(b) The dissertation will be maintained for public use by the Centre or Institute on
completion. Ensure therefore that all appropriate disclaimers are made with regard to
copyright, personal references, that all permission required is noted and al cases of
confidentiality and ethical concerns recognised.
(c) Statement of acknowledgements – for example to any agency that has facilitated the
study
(d) Abstract of approximately 150-200 words. That abstract should not be written until the
completion of the dissertation but it is critical for a future reader as a guide to the contents.
(e) Contains page of chapters, including sections within chapters; appropriately page
numbered.
(f) Introductory section – outlining the forthcoming chapters; review of the initial evidence,
demonstrating familiarity with the existing materials; a relevant literature review; and a
statement of the central hypothesis(es).
(g) A methodology section – the length of this will vary. Thus a dissertation that consists
primarily of a general literature review of material will clearly require much lesser statement
of methodology than studies which are concerned to analyse quantitative or qualitative
evidence. In the latter cases, validation procedures, forms of data collection, and in the
case of a comparative study, a rationale for the basis of that comparison.
(h) Text in chapters, with notes as appropriate. Ideally the chapters should commence with
the broad issue of the study and conclude with the narrow, definitive themes.
(i) Summary and conclusions – this chapter should tie together all the disparate threads of
the study. It should commence with a re-statement of the hypotheses being investigated
and locate the findings with a general review of existing knowledge. The conclusions
should show how the findings from the study add to such knowledge or are at variance
with such received wisdom. Consequential research suggestions may be made. As
appropriate, qualified policy recommendations may be included.
(j) Bibliography detailing all books and articles referred to in the dissertation, in an
approved alphabetical style. The references for those submitting dissertations for the
LLM/MSSc in Human Rights and Criminal Justice should be according to the Harvard
system, as for examples illustrated in the British Journal of Criminology or in any of the
Sage publications, see below. For those submitting dissertations for the LLM in Human
Rights, references should be as set out below.
(k) Appendices as appropriate, for example, a copy of any questionnaire used.

Referencing should be as detailed above in relation to all written assessments.

5. Role of supervisor

A copy of the Academic Council‟s Formal Code of Practice for the Supervision of Research
Studies is available for consultation although subject to amendment in relation to a
primarily taught course. Notwithstanding what is contained in that document, the student
should note that the supervisor‟s role is to supervise the work. This is an advisory role. The
student is responsible for planning, scheduling, and designing the study or project; and for
collecting, correcting and analysing the data. The supervisor can provide guidance and
advice as long as adequate notice is provided. It is critical – and the student‟s responsibility
– to keep in regular contact with supervisor.

You will be allocated a dissertation supervisor before the end of May.


                                                                                              42
Please note that all course requirements are subject to the overriding imprimatur of the
University‟s Regulations. It is the responsibility of the student to acquaint him/herself with
these regulations.

6. Submission

Before binding according to the appropriate university format, the draft dissertation must
be submitted for overview to the supervisor. At the time of formal submission, two copies
are required by the University. The dissertation must be received by the General Office
First Tuesday in September if graduating in December OR 1st May, if given permission to
graduate in July. Exceptions to this date are only granted in exceptional circumstances. In
the latter case, you must receive prior written approval from your supervisor.

Delays may postpone your graduation for a year and students will incur additional writing-
up fee for dissertations submitted late.




                                                                                           43
Appendix III – Coursework Cover Sheet

                                   LLM Coursework Cover Sheet
                                            Module:

                  This sheet must be filled in and attached to the coursework.


Student Number: …………………………..


Module Name: …………………………….                               Module Coordinator: …………………………….


Assignment Type: …………………………………………


Assignment Title: …………………………………………………..……………….


Word Limit: …………………….


Actual No. of words (including footnotes but not bibliography):…………..


Deadline: ……………………


Date handed in: …………………….


Certification: I certify that the attached work is entirely my own, and that all material which
is not my own has been appropriately quoted and referenced. I understand that plagiarised
work may result in a mark of zero and lead to serious disciplinary measures.

Please tick this box to agree to this statement: 


Presentation Requirements: Must be typed or word processed. Staple in top left corner. No
folder or plastic cover. Spacing 1.5 or double spaced. Put page numbers.





 Written assignments that exceed the established word length shall be penalized. Penalties shall begin to
apply where assignments exceed their established word length by more than 10%.
Established Word Length Exceed by              Number of Marks to be
More Than:                                     Deducted
10%                                            5
20%                                            10
30%                                            20

 Essays submitted late will lose five marks for each day that they are late. After five days the
essay will receive a mark of zero.
                                                                                                        44
APPENDIX IV –Module Evaluation Form

LLM in Human Rights Law / LLM/MSSc. in Human Rights and Criminal Justice

                                                  SCHOOL OF LAW

                                              STUDENT FEEDBACK

                                MODULE EVALUATION QUESTIONNAIRE

The staff of the School are interested in ascertaining your opinion of the modules currently
taught. Your answers will be of assistance in improving the quality of teaching. To
preserve anonymity DO NOT write your name anywhere on this form.


Name of module: ......................................................................


PLEASE PUT A SINGLE NUMBER IN THE BOXES CORRESPONDING TO THIS SCALE:

5 = excellent          4 = good           3 = acceptable          2 = poor               1 = very poor


1 The extent to which the aims and objectives of the module were
clearly stated was -

2 The extent to which the aims and objectives of the module were met
was -

3 The extent to which there was adequate information about module
requirements
   (essays, examinations and/or continuous assessment) was -

4 The extent to which the module was efficiently organised was -

5 The availability of module material in the library was -

6 The availability of module material in the university bookshop was -

7 The extent to which module handouts were clear and helpful was

8 The extent to which I found the module stimulating and challenging
was -

9 the assignments set were realistic

10. I received clear guidance on the assignments

11. I was provided with helpful feedback on my assignments

12. assignments were returned within a reasonable time

13. my assignments were fairly marked
                                                                                                         45
14. My overall rating of the module is -


PLEASE ANSWER THESE THREE QUESTIONS BY PUTTING A SINGLE NUMBER IN
THE BOXES CORRESPONDING TO THIS SCALE:

1 = too little             2 = about right         3 = excessive

15 Relative to other modules, the amount of work required for the
module
   (reading, essays, preparation, etc) was -

16 The number of lectures was -

17 The number of tutorials was -



                                                      PLEASE TURN OVER




PLEASE ANSWER THESE THREE QUESTIONS BY PUTTING A SINGLE NUMBER IN
THE BOXES CORRESPONDING TO THIS SCALE:


1 = Definitely              2 = Mostly                3 = not at all

18 Intellectually challenging

19. Enjoyable

20. Relevant to my chosen degree programme




PLEASE ANSWER THESE THREE QUESTIONS WITH YOUR OWN COMMENTS

21 What did you find most satisfactory about the module?




22 What did you find least satisfactory about the module?

                                                                         46
23 How could the module be improved?




                                       47
APPENDIX V - Dissertation Title and Supervisor Form

                                                            LLM in Human Rights Law
                                        LLM/MSSc. In Human Rights and Criminal Justice


Academic Year:


Dissertation Plan Sheet


Name of Student



Title of Dissertation



Outline Plan of Dissertation




Please return this form to Postgraduate secretary by the first day of the Second Semester

For QUB use only


Supervisor Allocated




                                                                                        48
Appendix VI – Example of Feedback Sheet
LLM Assignment Feedback Sheet

Student Number:

Module Name:                          Module Number:

Title:

Date Submitted: ____________

Date Marked: _____________                     Name of First/Second Marker: _____________


1        Knowledge

         Demonstration of knowledge

2        Critical Discussion

         Ability to bring critical understanding to
         bear on the material: not accepting
         everything at face-value: exercise of
         reasonable judgment about what is
         important and what is not

3        Use of Sources

         Evidence of reading, both from the set
         texts and beyond them, and appropriate
         appeal to relevant literature to support
         and refute arguments.

4        Argument

         The overall construction of the argument
         of the essay, including the drawing of
         relevant conclusions
5        Structure

         The essay as a piece of writing: its flow,
         style, and grammatical construction

General Comments




                                                                                            49
Please note that the information provided in the assessment grid below is for your INFORMATION and
GUIDANCE only. It is not intended to be proscriptive and your grade may reflect issues that are NOT
necessarily referred to below.


  Knowledge             Critical Discussion   Use of Sources      Argument        Structure
A Thorough and          High critical         Knowledge beyond Clear evidence of Absolutely clear and
+ systematic            judgment and          module content*     independence of well expressed.
  knowledge and         confident grasp of    Evidence of         thought and
  understanding.        complex issues        innovative and      originality.
  Clear grasp of all                          original use of     Methodological
  relevant issues                             learning resources. rigour.
  involved.
A Evidence of       Evidence of            Use of a wide            Argument is sound An assignment
  superior,         thorough critical      range of                 and substantial, whose clear
  comprehensive     appreciation and appropriate                    with points        structure and
  and deep          evaluation of          sources, indicating      developed in a     expression
  knowledge of the  relevant theory and personal research,          clear and cogent significantly
  relevant module   research and a         and with full critical   fashion. There is enhances its
  content           systematic and         awareness of their       a significant      argument
                    creative attempt to status and                  element of
                    relate it to the topic relevance                originality.
B Evidence of       Evidence of good Use of a wide                  Argument is sound A generally well-
  extensive         critical               range of                 and substantial, structured and
  knowledge of the appreciation and appropriate                     although not       expressed
  relevant module   evaluation of          sources with some        entirely original. assignment, which
  content, without  relevant theory and critical awareness                             communicates
  major             research and a         of their status and                         clearly
  misapprehensions systematic attempt relevance
                    to relate it to the
                    topic
C Evidence that     Evidence of a          Use of a range of                     While the
                                                                    Argument is let
  relevant module   general critical       appropriate              down by      assignment has
  content is        stance, although sources, but                   occasional   some failings in
  adequately        some material not without critical                           structuring and/or
                                                                    confusion or flaws
  understood, but   evaluated              evaluation, or                        clarity of written
  with some gaps or                        missing some                          expression, these
  misapprehensions                         significant items                     do not impair its
                                                                                 capacity to
                                                                                 communicate
D Evidence that      Evidence of limited Limited and          Argument is        The assignment has
  relevant module    critical evaluation uncritical use of a sometimes trivial, failings in
  content is broadly in some areas,       restricted range of confused or flawed structuring and/or
  understood, but    with some lost       sources                                clarity of written
  with significant   opportunities or                                            expression, which
  gaps or            misunderstandings                                           impair its capacity
  misapprehensions                                                               to communicate
E Little or no       Little or no         Sources not used Either no             The assignment has
  evidence of        evidence of critical to support          discernible, or    unacceptable
  familiarity with   evaluation of        substantive         seriously flawed failings in
  content of module material.             assertions or       academic           structuring and/or
                                          argument            argument           clarity of written
                                                                                 expression

* Module content should be interpreted as the topic or area of research being undertaken in the study in
keeping with the learning outcomes for the module.




                                                                                                           50
Appendix VII -- Dissertation Title Page Example



                                Queen‟s University Belfast
                                     School of Law




                        „An analysis of the Effectiveness of Target
                        Hardening As a Crime Prevention Strategy‟




Student Name
Student number:

Signed XX
Date

A Dissertation submitted as part of the requirements for the Degree of LL.M. in Human
Rights / LL.M. in Human Rights and Criminal Justice/MSSC in Human Rights and Criminal
Justice/Cross-Border LL.M. in Human Rights/Cross-Border LL.M. in Human Rights and
Criminal Justice


Except for the appropriately referenced materials, this thesis is entirely my own work
carried out under the supervision of XX.

Total number of words XX




                                                                                         51
Appendix VIII Glossary of Human Rights Terms


accession: The ability of a State to join a treaty to which it was not an original
signatory.

ad hoc: Respecting this; for a particular purpose.

adjudication: The definite settlement of disputes by a third-party based on law.
Adjudicative organs are either arbitration panels or courts of law.

amicus curiae:: Friend of the court: refers to the practice of filing a brief by an
outside party, ostensibly on behalf of a party, to a dispute but actually also in accord
with one‟s own views.

arbitration: The undertaken by the parties, on an ad hoc basis, through the
submission of a formal agreement (a compromise) outlining the parameters of
procedure and the competence of the arbitration panel, to settle their international
dispute definitively via the decision of a panel of third party individuals.

aut dedere aut judicare: The alternative obligation to extradite or to prosecute those
individuals accused of international crimes.

Briand-Kellogg Pact: the 1928 treaty named after the foreign ministers of France
and the United States. The main element of this 3-article convention was the
renouncement of war as an instrument of national policy. The Pact lost much of its
effect due to the large number of reservations attached to it, and had little impact in
halting the movement towards WWII. The Pact remains in force.

causus belli: A cause of war. An action by one state which could be construed by
another state as justifying a resort to war.

Chapter VII: section of the United Nations Charter allowing the Security Council to
impose sanctions or use military force in situations were it has determined that there
exists a threat or breach of the peace or an act of aggression. Provisions related to
the inherent right of individual and collective self-defense are also found within
Chapter VII.

compétence de la compétence: a part of the incidental or inherent jurisdiction of any
judicial or arbitral tribunal, consisting of its “ability to determine its own jurisdiction.

compromis: a special agreement between States to submit a particular issue to an
adjudicative body.

compromissory clauses: a provision for the settlement by adjudication of disputes
which may arise in regard to the interpretation or application of the particular treaty
in which the clause appears.

contiguous zone: a 12 nautical mile maritime zone contiguous (being in actual
contact; or next or near in sequence) to a coastal State‟s its territorial sea. In this
zone, coastal State may exercise sovereign rights through the prevention or punish
of infringement of its municipal customs, fiscal, immigration or sanitary laws.



                                                                                               52
custom: In law, a usage of practice, which, by common adoption and acquiescence,
and (usually by not necessarily always] by long and unvarying habit, has become
compulsory; and has acquired the force of law with respect to the subject matter
and/or the place to which it relates.

delicts: From Latin delictum: “a fault”; a minor public wrong or injury. This is in
contrast to an international crime which is considered a major wrong or injury.

derogation: The partial repeal or abolishing of a law, as by a subsequent act which
limits its scope or impairs its utility and force. Distinguished from abrogation, which
means the entire repeal and annulment of a law.

Drittwirkung: The notion found in human rights law that such rights also form a
relationship as between private individuals. Thus, human rights do not only apply to
the relationship between an individual and the State but also as between individuals
and other individuals.

Dualist/Monist legal systems: The relationship between international and municipal
law is determined by the type of legal system which a State has. Under a monist
system, international law and municipal law are considered to be part of one
system. A dualist system makes a distinction between municipal and international
law; mandating that States which have this legal tradition must pass municipal
legislation to incorporate international law into their municipal law.

equity: Justice administered according to fairness as contrasted with the strictly
formulated rules of law.

estoppel: An estoppel arises when one is forbidden to act or speak against one‟s
own previous act or deed, usually in order to prevent loss or injury to another.

ex aequo et bono: equality and goodness; Adjudicative organs can decide a case
aequo et bono if the parties agree to it. In such a case international law is not
applied but the notions of equity and fairness are utilized.

extradition: the surrender by a State of an alleged criminal under the provisions of a
treaty to another State having jurisdiction to try the individual.

force majeure: An irresistible force or an unforeseen external event beyond the
control of those involved. In international law, this is one of the circumstances
which preclude the wrongfulness of an act which normally would be illegal and
entail international responsibility.

forum prorogatum: the conferring of decisive authority upon an adjudicative organ
not otherwise empowered to decide upon a dispute.

habius corpus: You have the body; the most common usage refers to “ habius
corpus ad subjiciendurn” whose function is to release an accused prisoner from
unlawful detention.

humanitarian law: originally termed the „laws of war‟, humanitarian law has today
come to encompass not only the laws related to non-combatants, but the laws
regulating and banning certain types of weapons (e.g.: chemical and biological).



                                                                                          53
in limine litis: (literally: at the sources of the process). Generally, when it is
considered too late to seek an accommodation. Also used in relation to preliminary
issues which must be dealt with before moving to adjudicatory merits phase.

inter alia: Among other things.

international law: the law that governs, for the most part, the relations between
States. Such law would be more precisely termed „inter-State‟ law.

international human rights law: a sub-field of public international law which
establishes an international regime to monitor obligations which a States has
undertaken regarding individuals under its jurisdiction.

international legal personality: the ability to posses rights and duties on the
international plain and to act upon them to so as to seek to have them respected.

judicial organ: A permanent institution which is composed of independent and
impartial judges who make a final determination in law on disputes by recourse to
established constitutive instruments such as a statute and/or rules of procedure.

jurisdiction: The authority or power of a court or tribunal to hear a particular case or
dispute.

juris gentium: The law of the people; this is a misnomer as juris gentium is was is
know today as international law, or better yet, inter-States law.

jus ad bellum: The laws governing the entry into war; the laws governing the use of
force.

jus cogens: if a rule or principle is determined to be jus cogens, it is a peremptory
rule. As such, it is considered “absolute” or “fundamental” and not subject to
challenge or change; A norm recognized by the international community for which
no derogation is allowed.

jus in bello: The laws of war; those laws which govern the rule of warfare; commonly
referred to as humanitarian law.

lacunae: A gap in the law; a situation that is not covered by any known law.

lex, lege, or legem: Latin declinations of the word “law”.

         infra legem: within the law.

         praeter legem: outside the law.

         contra legem: against the law.

lex ferenda: law as is should be; or law in the making

lex lata: law as it is; or black letter law;

lex specialis: the law related to a specific issue.



                                                                                           54
lex pasterior legi priori derogat: The legal idiom that prescribes that more recent
law supercedes older laws

lex specialis legi generali derogat: the legal idiom, which states that specific law
should override general laws.

litispendence: two courts finding themselves simultaneously seized of the same
case, having the have the same nature, comprising the same subject-matter and
parties.

mandamus: We command; a writ from a court of superior jurisdiction commanding
an inferior tribunal board, corporation, or person to perform a purely ministerial duty
imposed by law. This writ is an extreme one, invoked only when it is necessary to
confine an inferior court to a lawful exercise of its prescribed jurisdiction or to
compel it to exercise its authority when it is its duty to do so.

most favored nation clause: A clause found in some treaties providing that the
citizens or subjects of the signatory states may enjoy the privileges accorded by
either party to those of the most favored nations. Generally, concessions granted in
return for a valuable consideration such as a price or a reciprocal commercial
concession, do not violate this clause.

municipal law: the law found within the States -- as opposed to inter-State law,
better known as international law.

mutatis mutandis: The necessary changes being made.

natural law: Law attributable to the nature of the human being rather than, or in
addition to, being attributable to the positive law. Law based on moral rather than
strictly legal considerations; a system of rules and principles for the guidance of
human conduct which, independently of enacted law or of the systems peculiar to
any one people, might be discovered by rational intelligence; laws known to human
beings by virtue of the use of reason unaided by divine revelation.

non-bis-in-idem: The concept of „double jeopardy‟ as between the international and
municipal systems of law. That individuals should not be tried by a municipal court
for a crime which they have already stood trial for at the international level or vise-a-
versa. However, an international court may try an individual who has stood trial
municipally, if the proceedings were a mockery of justice meant to shield the
individual from individual criminal responsibility.

non-derogable rights: rights which may not be suspended even in times of public
emergency. Such rights may be found in the International Covenant on Civil and
Political Rights (Art. 4(2)) and include the right to life and the prohibition of torture
and slavery.

non-refoulement: the cornerstone of refugee protection, the right of non-refoulement
is found in Article 33 of the 1951 Refugee Convention and dictates that States will
not return individuals to another State where they might face persecution.

nullum crimen sine lege: No crime without law; a general principle of criminal law
which dictates that an accused can not be tried for an offense for which no law
exists.


                                                                                            55
nulla poena sine lege: No penalty or sentence without law; the legal idiom which is
today a general principle of law which establishes that a penalty, be it a fine or a jail
sentence, can not be imposed against an accused if there is no law governing the
crime.

obiter dictum: A statement in a judicial opinion which was not essential to the case;
something which is stated “obiter dictum” is thus not binding in legal systems which
operate on the rule of stare decisis.

obligations erga omnes: If an obligation is erga omnes it is to be fulfilled as towards
all; thus, for example, the obligation not to commit genocide would be one which all
States hold vis-à-vis each other State.

opinio juris: opinio juris sive necessitatis; a legal conviction; a conviction that what
is being undertaken is necessitated by a legal obligation. It has to be done.

pacta sunt servanda: Agreements are binding and must be implemented in good
faith.

prima facie: At first sight; from the appearance of the thing.

private international law: A part of the international law which situations in which
individuals or companies in more than one State have a dispute over which Stat‟s
law is applicable. Thus, Private International Law deals with situations in which the
laws of more than one state have a bearing on a case.

ratione loci: for reason of the location; a court will have jurisdiction „ratione loci‟ over
a certain geographical area. For instance, the International Tribunal for the Law of
the Sea only has jurisdiction ratione loci over disputes at sea, in areas covered by
the Law of the Sea Convention.

ratione materiae: for reason of the material; the jurisdiction of a court in the sense of
it subject matter – criminal law or civil law. A specific court will have jurisdiction to try
only cases dealing war crimes or genocide, while another tribunal was jurisdiction to
deal with only administrative cases.

ratione personae: for reason of the person; the object over which a court will have
jurisdiction, such as the „State‟, the „individual, or only military personnel. For
example, Article 34(1) of the Statute of the International Court of Justice states that
“only states may be parties in cases before the Court.

ratione temporis: for reason of the time; a court will have jurisdiction during a set
period of time, or starting from a specific date. For example, the International
Criminal Tribunal for the former Yugoslavia has jurisdiction ratione temporis from
1991, thus war crimes committed before 1991 can not be heard before that
Tribunal.

rebus sic stantibus: As things remain standing; a doctrine which stipulates that a
treaty is binding as long as there is no fundamental change in the facts or
circumstances which led to its coming in to force.

reciprocity: Mutuality. The term is used to denote the relation existing between two
status when each of them gives the subjects of the other certain privileges, on


                                                                                                56
condition that its own subjects shall enjoy similar privileges at the hand of the latter
state.

repatriation: Regaining nationality after expatriation; the return to one‟s own country
of investments held by foreigners.

reparation: Payment or otherwise making amends for an injury or for damages that
have been committed on or to another; making good for a wrong done; payment
made by one country to another for damages done during war.

reprisals: The use of force as a response to an violation of international law. Such
use of force is illegal under international law.

reservation: a unilateral statement made by a State when signing, ratifying,
accepting, approving or acceding to a treaty, whereby it purports to exclude or to
modify the legal effect of certain provisions of the treaty.
res judicata: the principle that an issue decided by a court should not be reopened.

restitiuto in integrum: The re-establishment by a State violating international law of
the situation which existed before the illegal act was committed.

retorsion: a non-violent response to another States violation of international law.

sanction: In international law (1) a punitive act taken by one State against another
intentional legal person, usually another States, which has violated an obligation; (2)
the part of a law designed to secure enforcement by imposing a penalty for its
violation or a reward for its observance.

satisfaction: Reparation for moral damage that has taken place. In situations where
international law has been violated, but where no material damage can be shown,
satisfaction may be prescribed in the form of an apology.

“silent enim leges inter arma”: Cicero: “laws are silent amongst the armed”.

sovereignty: The supreme, absolute, and unfettered power by which any
independent State is governed; supreme political authority; the right and power of a
State to regulate its internal affairs without foreign dictation.

stare decisis: To abide by, or adhere to, decided cases. Policy of courts to stand by
precedent and not to disturb a point settled in law.

sui generis: specific to a particular situation or regime. For instance, a sui generis
legal situation is one which is unique, which does not follow the typical rules which
would normally hold. Thus, international human rights law is sui generic, as it
functions, with respect to reservations, jus cogens, and non-derogable rights, in a
fundamental different manner that general international law.

synallagmatic: a mutual agreement, contract, to exchange, negotiate with. Imposing
reciprocal obligations upon the parties

terra communis: Territory that belongs to all.

terra nullius: Territory that belongs to no one and is subject to occupation. This
doctrine no longer holds.

                                                                                           57
travaux préparatoire: Preparatory work; preliminary drafts, minutes or conferences
and the like, relating to the conclusion of a treaty.

ulta vires: Beyond a Court‟s jurisdiction.

uti possidetis juris: The principle that territorial integrity exists when a new
successor State emerges.




                                                                                     58
Appendix IX Marking Criteria

Marking guidelines

   Module Descriptor      Mark Band                                              Criteria                                               Determinator within grade band

                           80-100        Thorough and systematic knowledge and understanding of module content*
                                         Clear grasp of issues involved, with evidence of innovative and original use of learning
                                          resources
           A
                                         Knowledge beyond module content*
     (Outstanding)                                                                                                                          Originality of argument
                                         Clear evidence of independence of thought and originality
                                         Methodological rigour
                                         High critical judgment and confident grasp of complex issues

                            70-79        Methodological rigour
                                         Originality
           A
                                         Critical judgment                                                                                  Methodological rigour
        (Clear)
                                         Use of additional learning resources

                            60-69        Very good knowledge and understanding of module content*
                                         Well argued answer
                                         Some evidence of originality and critical judgment                                         Extent of use of additional or non-core
           B
                                         Sound methodology                                                                                    Learning resources
                                         Critical judgment and some grasp of complex issues

                            50-59        Good knowledge and understanding of the module content*
                                         Reasonably well argued
           C                             Largely descriptive or narrative in focus                                                    Understanding of the main issues
                                         Methodological application is not consistent or thorough

                            40-49        Lacking methodological application
                                         Adequately argued
  Fail at Masters level
                                         Basic understanding and knowledge                                                           Relevance of knowledge displayed
        (Diploma)
                                         Gaps or inaccuracies but not damaging

                            0-39         Little relevant material and/or inaccurate answer or incomplete
                                         Disorganised
                                         Largely irrelevant material and misunderstanding
          Fail                                                                                                                              Weakness of argument
                                         No evidence of methodology
                                         Minimal or no relevant material

				
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