The Master of Laws (Magister Legum, LL.M.) in International and Commercial Law is a post-graduate degree programme. The programme has been validated in 2009 and undergone accreditation in 2011 and 2018.
Purpose of this LL.M. programme is to offer postgraduate students an opportunity to explore and study established and rapidly developing areas of law by taking both an academic and professional approach to the subject. As such, the programme is intended to cater to a variety of individuals, ranging from recent undergraduates wishing to acquire specialist knowledge as part of their legal education, to practicing lawyers and public or private sector employees wishing to supplement their work with further legal study as well as to academics, wishing to broaden their scope.
The programme has a strong international and comparative approach, covering mainly EU, US and issues within the context of the international legal framework. However, the applicability of these aspects in diurnal business will be emphasized by also considering the Albanian context. In terms of career prospects, students completing the programme successfully may go on to a variety of career options including: practice of international and commercial law within respective home jurisdictions, a career with International Organisations, working with NGOs, university teaching and further research. Thus, the underlying aim of the programme is to develop a sound understanding of substantive legal principles in public international and commercial law – focusing EU related, US related and to International Organisations’ related issues – through combination of taught core and optional courses, and to develop appropriate legal research by means of a significant piece of independent written work supported by appropriate academic supervision and two compulsory modules in postgraduate research skills and methodology.
The programme will be taught by UNYT in full-time mode only, comprising 24 months.
The programme comprises seven taught core courses (Principles of International and Commercial Law, International Public Law I and II, Corporate Law I and II, Private International Law, Fiscal Law and Civil procedures) and two taught elective courses, as well as a significant research component involving a thesis of 15,000 words, and as well as the two compulsory skills courses (Research Methods in Law and Foundations of Postgraduate studies), and the dissertation seminar.
Core and Compulsory Courses
|4 CT||International & Commercial Law Principles||60 hours|
|4 CT||Fiscal Law||60 hours|
|4 CT||Research Methods in Law||60 hours|
|4 CT||Public International Law I||60 hours|
|4 CT||Public International Law II||60 hours|
|4 CT||Corporate Law I||60 hours|
|4 CT||Corporate Law II||60 hours|
|4 CT||Elective Courses: International Trade Law/ Competition Law/Int. Criminal Law||60 hours|
|4 CT||Elective Courses: Alternative Dispute Resolution / Intellectual Property Law/ International Human Rights Law||60 hours|
|3 CT||Private International Law||45 hours|
|3 CT||Dissertation Seminar||45 hours|
|3 CT||Civil Procedures||45 hours|
|15 CT||Master Thesis (Dissertation)||225 hours|
Two course combinations are to be chosen to establish a profile:
Either: International Criminal Law and Human Rights,
Or: International Trade Law/Intellectual Property Law/ Competition Law and/or Alternative Dispute Resolution
The programme specification covers core and compulsory courses (A) and elective courses (B). These courses are to be taken irrespective of the track chosen.
Research Methods in Law
- Introduction to research at postgraduate level: choosing a research topic, approaches to legal research
- Approaches to research design: research questions and hypotheses, research methods, literature reviews
- Finding the law: use of legal databases, internet sources, the law library
- The research process: planning the research, using and quoting sources (primary and secondary)
- Use of footnotes, bibliographies and appendices
- Writing up.
Public International Law I and II
- Sources of law and relation of municipal law and international law, focusing EU, International Organisations and Human Rights
- Personality and recognition: subjects of the law, incidence and continuity of statehood, re-cognition of states and governments
- Territorial sovereignty: creation and transfer, status of territory, role of the UN
- State jurisdiction: sovereignty and equality of states, jurisdictional competence, privileges and immunities of foreign states, diplomatic and consular relations
- Responsibility and admissibility of states’ claims, illegality and ius cogens
- Introduction to the law of treaties
- Transmission of rights and duties: state succession
- Use of force by states – unilateral use by states and collective measures through the UN
- Introduction to International Organisations and tribunals: judicial settlement of international disputes.
- Constitutional Comparative Law: USA, UK, the Netherlands, France and Germany
Corporate Law I and II
- European Union legislative provisions
- Albanian Law No. 9901 “On Entrepreneurs and Companies” in the context of relevant legal acts
- Overview of formation and running of undertakings
- Limited liability partnerships
- Corporate crimes
- Maintenance of capital
- Directors’ duties and statutory codification
- Derivative claims
- Corporate insolvency,
- Company Law reform issues.
- Income Tax
- Social and Health Insurance
- Profit Tax
Private International Law
This course will provide for in-depth knowledge and cases regarding identification of competent courts, international contractual relations, and aspects of cross-border trade in goods.
This course will familiarise all students with the rules on civil procedure in Albania.
Competition Law (8 ECTS)
- Introduction to competition law at WTO level
- Antitrust economics: national legal systems, market structures, efficiency, market power, monopoly/oligopoly, competition policy
- Article 101 TFEU: Anti-trust
- Article 102 TFEU: Abuse of dominant market position
- Mergers: EU Merger Regulation and related legislation
- Article 107 TFEU: State Aid
- Articles 49-55 TFEU: Public Procurement
- Comparative Analysis: EU and US Competition Law.
Intellectual Property Law (8 ECTS)
- Copyright, including internet copyright, domain names, software, databases
- Breach of confidence, piracy and trade secrets
- Passing off and the protection of international goodwill and get-up
- Product protection in an electronic shopping environment
- Trade marks and the problems of global counterfeiting
- Patents and “grey imports”
- Protection of industrial designs
International Trade Law
- Sale of Goods Act and its relevance to international trade contracts
- Various sales contracts under INTERCOMS
- Documentary frameworks: bills of lading, sea and airway bills, delivery orders and multi• modal transport documents
- Charter parties and carriers’ obligations at common law and under the Hague Rules; the Hague-Visby Rule and the Hamburg Rules
- General principles of marine insurance; the relationship between the parties to the contract of insurance
- The ICC policies; doctrine of subrogation; general average and reinsurance
- Civil and commercial jurisdiction; ADR and arbitration
- Enforcement of judgments
Alternative Dispute Resolution
- Arbitration Mediation and Conciliation
- Mechanisms in International Organisations (WTO, UN, EU)
- ADR in bilateral Agreements (focus: BITs)
- ADR at Private Law level
- Contractual elements of ADR
- Recognition and Enforcement (New York Convention)
- Plurilateral Trade Agreements and ADR
International Criminal Law
- International legal system: UN Declaration of Human Rights, Geneva Convention and Laws of War (including genocide)
- International Criminal Court and Rome Convention
- Philosophy of punishment
- Transitional justice
- Case studies on transitional justice (e.g. South Africa, South America, East Europe)
- Accountability of international leaders for human rights crimes (from Pinochet to Blair)
- Case studies on criminal offences with a particular commercial/financial aspect (including money laundering and asset seizure) and the various legal restrictions on banking and other financial structures.
International Human Rights Law
- Key international and regional instruments
- Case law examples of the operation of international human rights law
- Human rights discourses: human and civil rights, civil and political rights, social and economic rights, collective rights, human dignity
- Legal theoretical perspectives
- Issues arising out of new charter based human rights institutions.
- C) Dissertation Seminar
- Identifying appropriate topics for the Master Thesis
- Consultancy regarding formatting, style and academic challenges.
- D) LL.M. Thesis
- Discussion with tutors to decide upon an appropriate topic of research to be approved by the Programme Director
- Survey of information available to determine nature and type of primary and secondary sources required
- Analysis and systematic categorisation (relevant to research) of information obtained, including student’s own knowledge
- Establishing methodology appropriate to the research topic and overall research aim
- Generation of primary data
- Analysis and interpretation of primary and secondary data in relation to research objectives
- Formulation of conclusions and recommendations
- Preparation of thesis, presentation of the study and its conclusions and recommendations.
Coursework Header Sheet
|Research Paper||Course School/Level:Assessment Weight:|
Coursework is receipted on the understanding that it is the student’s own work and that it has not, in whole or part, been presented elsewhere for assessment. Where material has been used from other sources it has been properly acknowledged in accordance with the University’s Regulations regarding Cheating and Plagiarism.
STUDENT’S NAME: Student’s Registration No: ___________
In this section, the marker will give a general comment on the essay submitted.
In this section, the marker will give specific comments on the essay submitted with regard to the content, i.e. scope, coverage of the topic as well as the in-depth analysis provided by the essay. The content will count for 20% of the grade (points: 1 to 20)
In this section, the marker will give specific comments on the essay submitted with regard to the reasoning and elaboration of argumentation, i.e. scope, coverage of the topics as well as the text. The argumentation will count for 20% of the grade (points: 1 to 20)
In this section, the marker will give specific comments on the essay submitted with regard to the formal structure as well as to the structure in the context of the reasoning and elaboration of argumentation. The structure will count for 20% of the grade (points: 1 to 20).
In this section, the marker will give specific comments on the essay submitted with regard to the use of English language (incl. syntax and semantic) in general and specifically regarding the use of appropriate terminology. This section will count for 20% of the grade (points: 1 to 20).
In this section, the marker will give specific comments on the essay submitted with regard to the writing style, following the LSE style or the Harvard style. The style will count for 20% of the grade (points: 1 to 20).
Grade Awarded % For Office Use Only_____ Final Grade___________
Moderation Required: yes/no Tutor: Date:
Depending on the course there is a different assessment method:
I.e. Public International Law I (also the majority of the courses)
|Means of Assessment||Percentage in the overall assessment of the student|
I.e. Fiscal Law
|Means of Assessment||Percentage in the overall assessment of the student|
|Course attendance and active participation||10%|
|Mid term exam||40%|
I.e. Research Methods in Law (2017-2018)
|Means of Assessment||Percentage in the overall assessment of the student|
|Letter||Grade Percentage||G.P.A.||Accepted Meaning|
|B+||87-89||3.33||Good work, distinctively above average|
|D+||67-69||1.33||Work significantly below average|
|F||0-59||0.00||Work does not meet minimum standards for passing the course|
Teaching and Learning Strategy
The programme develops a systematic in-depth understanding of international and commercial law and to provide the skills necessary to analyse and evaluate complex legal problems and related issues. This is done through a combination of taught core and option courses involving lectures, interactive sessions through workshops, seminars and problem-solving classes.
Each course will be assessed based on a written examination (which will either be a research paper, an exam, or any other appropriate testing method). In general, no extenuating circumstances will be taken into consideration; however, especially medical reasons may be considered, if the respective student produces sufficient proof. Any envisaged extenuation must be applied formally prior to date of submission or exams. All examinations are to be submitted in electronic version, formatted as .doc(x) and/or .pdf documents. All examinations must be submitted to the Programme Director on time, early submission is encouraged, via email, and will be uploaded to the TurnItIn plagiarism check either by the student of the instructor, as agreed. Research papers as well as the final Master’s Thesis follow the LSE style. Insofar, the criteria and style information delivered during the LL.M. Programme are binding.
Students will be encouraged to produce a research log as part of their formative assessment in most courses so as to enable staff to give early feedback on written work and research. Students will also be given the opportunity to present their work-in-progress during class and also individually with their tutors during office hours and/or upon appointment.
The university’s Academic Regulations for Taught Awards will be applicable in respect to all aspects of assessment. The operation of the Regulations is codified in the School Code of Practice for the Assessment of Undergraduate and Postgraduate Taught Awards.
To be awarded the LL.M. International and Commercial Law, a student must successfully complete all courses ascribed to their programme of study.
Academic support includes counselling, academic advising, tutorial support by faculty members, offered free-of-charge to students, coaching sessions, provided via face-to-face or on-line, by course tutors and provision of support for students with learning difficulties
Each student will be assigned a personal adviser who is a member of the academic staff and normally someone involved in the teaching of the student’s degree programme. They will be responsible for the academic progress and personal development of their advisees. The method of advising is designed to offer complete student flexibility and can be on-line via the intranet, telephone/e-mail and face to face. To this end the following measures are available:
- discussions carried out early in each semester to indicate what support may be advisable,
- formally recording the adviser and advisee interaction on the advisee’s record,
- meeting regularly (i.e., at least once a month),
- giving general advice and guidance or assistance,
- referring the advisee to specialist advice outside the remit of the adviser,
- advisees reviewing and reflecting on their own progress and identifying ways of improving,
- monitoring progress and help with learning problems,
- checking that the advisee’s programme meets personal/vocational needs,
- assisting in making choices regarding programme courses or electives,
- the adviser acting as advocate for the advisee on assessment boards.
Students have regular meetings with their course tutors, on a one-to-one-basis, in order to discuss the above.
Tutorials are also offered in relation to course and student needs. In addition, UNYT staff offer scheduled tutorials on English Language and Research and Study Skills, as well as support for students with dyslexia on an annual basis.
A counselling service is available to all students, which is friendly, free, impartial and strictly confidential and aims to help and support students dealing with a broad range of concerns that may hinder their academic progress. A chartered psychologist is available on-campus to offer guidance and advice on personal problems and on specific learning difficulties and will liaise with academic staff in developing effective learning strategies or refer students to an appropriate outside resource when necessary.
At UNYT, students also benefit from a study skills course which is offered during each academic semester. The purpose of this course is to guide students through the requirements of a university-level education. It includes sections on study techniques, learning through class lectures and tutorials, taking exams and controlling stress, and writing and presenting for academic purposes. Special emphasis is put on how to avoid plagiarism through the proper paraphrasing, summarising and referencing techniques.
English Language Testing and Support
Each degree programme at UNYT specifies its minimum acceptable score on select English language tests. For postgraduate programmes the typical minimum TOEFL score is 530. Because many students in the Republic of Albanian do not have convenient opportunities to take Standard English language tests, we also administer an institutional TOEFL test, which consists of three sections: reading comprehension, listening comprehension, and grammar.
Each applicant is also interviewed by an academic officer in order to confirm that the applicant’s level of spoken English is sufficient. Students with lower scores are provided with intensive English Language courses, before being admitted as full-time students on the programme of their choice.
Attendance of the courses is mandatory, with a minimum requirement of 75% of the taught component for each. Students, who fail to meet the minimum attendance requirement, might be asked to repeat the course. Persistent non-attendance might result in expulsion from the programme.
Students arriving late to class may not be allowed to enter and may have to wait until the next break before being admitted to the classroom. Students may not come and go as they please during the lectures without permission or proper authorisation.
Sickness and Absences
In the event of work-related absences the student must inform the Programme Director as much in advance as possible, so that the professor may take all appropriate steps to ensure that the student is provided with the necessary support to complete the course. In case of sickness, the student must provide the UNYT Graduate Office with the necessary medical report.
In such circumstances, various outcomes may result:
- The Academic Director may present the evidence to the Graduate School Council to be taken into account in considering a student’s performance on the course, and decide whether the student will be asked to repeat the course or not.
- The Academic Director after consultation with the Professor may grant an extension for a particular assignment or group of assignments.
- Where serious disruption of the course or the programme is envisaged, the Instructor and the Academic Director may recommend deferment of a course or group of courses until such time as the circumstances have changed.
In such circumstances a student may be unable to proceed to the next stage of the course until the next cohort at their local study centre proceeds to the appropriate modules.
Make-Up Assessment Procedures
If a student misses an exam, as a consequence of a duly justified absence accepted by UNYT, then s/he is entitled to request a Make-Up Exam. The student begins the process by completing the Make-Up Exam form and submitting it along with the necessary proof of evidence to the LL.M. Board. The LL.M. Board whether or not there are justifiable grounds for approving the request. In case the request is approved, the student is subject to a make-up exam fee, currently set at 100 € (excl. V.A.T.).
Most communication needs will be handled through e-mail communication.
While UNYT will be generating institutional e-mail accounts for all of its graduate students it is anticipated that students check their e-mails at least once per day.
Alternative means of communication (primarily telephone and SMS) will be utilized in urgent communication needs.
Quality assurance covers two aspects: the quality of courses offered by UNYT (A) as well as quality of papers submitted by students (B).
- Quality of Courses
In compliance with the Higher Education Law 9741 / 21.05.2007, UNYT draws up an annual report on its activities, which are submitted to the Albanian Ministry of Education. The annual report comprehensively evaluates study, pedagogical, research, development and other creative activity, as well as collaboration with foreign partner universities. This assessment is based on annual evaluations of the activities of individual departments and other UNYT divisions, inspection reports by foreign partner universities and the results of ongoing evaluations of study and pedagogical activities.
UNYT study and pedagogical activity is semesterly evaluated in following areas:
- contents of an accredited study programme and subjects of study,
- fulfilment of obligations, particularly of students’ participation in educational activity, regulations on the organisation and procedure of examinations, results of examinations in accordance with the classification code and an analysis of students’ course results,
- the professional standard of instructors in connection with their academic and professional qualifications, with processing of the results of each semester’s evaluation of tuition and tu-tors by students, the Rector and department chairs and of the results of inspections by academic staff from foreign partner universities,
- the overall academic standard of students in connection with the classification assessment for their courses, with the number of failed examinations and the number of expelled students who have achieved a low course average.
Ongoing reports evaluating pedagogical and course activities at UNYT are drawn up by the Rector and discussed at regular Academic Board meetings.
UNYT activity is also subject to assessment by the Accreditation Agency of the Albanian Ministry of Education and Sciences, on the basis of quality standards laid down for the evaluation of accredited activities. These assessments will be performed at times set by the Accreditation Agency and the UNYT management is to take account of their results when drawing up its internal assessments and preparing the annual report on activities.
- Quality of Examinations
The quality of papers submitted end of each course will be assessed in various ways. All papers need to be submitted using the TurnItIn software (www.turnitin.com) to detect potential plagiarism. The instructor may decide to complete this plagiarism control himself. Students will normally be allowed only one further submission of assessment in a manner determined by UNYT. In case of plagiarism, the paper will be rejected, i.e. the student will fail automatically. A second, new paper has to be handed in after the student has re-taken the course or module; additionally, an oral defence on the new paper may be scheduled. Therefore students are normally allowed two attempts to pass a course. The style of each paper is subject to negotiations; a style sheet is attached to this document.
Mechanisms for Obtaining Student Feedback on Course Delivery
UNYT has established a vigorous evaluation process for all instructors in all undergraduate and postgraduate programmes. This process comprises:
- Student Questionnaires: completed twice per semester for undergraduate courses, once per course for postgraduate programmes. Students are asked to fill in anonymous questionnaires that cover key areas of teaching, learning, resources, school organisation and programme management. The results are processed electronically, tabulated and the mean and median for all courses are calculated. This includes courses taught by local (Tirana-based) instructors and by external instructors and action is taken accordingly. In addition, grade distribution is calculated each semester to identify and address issues such as grade inflation. This information is usually shared with instructors at the Faculty Meetings each semester,
- Class Observation: All instructors are observed at least once per semester by the Head of the Department to which the instructor belongs, or by the Rector, and a report is prepared,
- Faculty Meetings: The Faculty meetings aim to bring staff and student representatives together to discuss issues arising from the evaluation processes described above or any other issues pertaining to the quality of the programmes, delivery, module material and assessment.
Students at UNYT – Equal Opportunities
UNYT strongly believes that higher education is a right not to be withheld from any citizen desiring it and that a healthier society is comprised of more citizens holding academic qualifications. In so believing, UNYT has opened its gates to all those who desire a western Higher Education while staying in Albania. The sole classification, rather than selection, criterion is the level of command of the English language assessed by an introductory TOEFL test. In its desire to provide equal opportunities to excelling students who would not have the financial means to study at UNYT, the university offers a range of scholarships awards and grants on an annual basis.
Upon signing this document each student at the University of New York in Tirana (UNYT) agrees to act in accordance with the academic rules and regulations listed below. This document will remain in your student file in the Records/Registrar’s Office throughout your period of study at UNYT.
Students who fail to act in accordance with the academic regulations will be subject to the disciplinary actions outlined on this paper.
All homework assignments, projects, papers and examinations submitted in a course are expected to be the student’s own work.PLAGIARISM
- Copying, in whole or part, someone else’s essay, assignment, paper and/or project.
- Copying material from the Internet without making the proper references.
- Repeating passages from books or other texts without including the proper references, citations and/or quotation marks.
- Copying material from any source and passing it off as one’s own work.
Students should always take great care to distinguish their own ideas, opinions and knowledge from information derived from other sources. The term “sources” includes not only published primary and secondary material (including material from the Internet), but also information and opinions gained directly from other people.
If students have any questions about what constitutes plagiarism, it is their responsibility to clarify the definition by conferring with their professor, Academic Advisor and/or a member of the English Faculty.
PENALTIES FOR PLAGIARISM
Student will receive a grade of “F” for the respective part of the course.
Unauthorized use of notes, text or other aids during a test is not allowed.
A student is considered cheating if:
- A student uses some sort of “cheat sheet” or other form of printed material to assist him/her in writing answers to a test.
- During a test, a student copies answers from another student’s test.
- During a test, a student willingly provides another student with answers to the test: verbal, written form, and/or hand signals.
- A student provides other students with advance copies of test questions before the test is administered to those other students.
- A student intimidates a fellow student to get answers to test questions before or during a test.
- A student uses a mobile phone to communicate any information during an examination period (including but not limited to the use of SMS messages).
PENALTIES FOR CHEATING
- First offense – students caught cheating on any test will automatically receive a grade of “F” at the particular evaluation item. The name of the student will be reported to the Rector and Deputy Rector, immediately after the exam. A student whose answers indicate that he/she had cheated during a test shall also receive a grade “F” for the particular evaluation item.
- Second offense – students who cheat a second time (not necessarily in the same class) will receive an automatic “F” in the entire course. The name of the student will be reported to the Rector and Deputy Rector, immediately after the exam. A student whose answers indicate that he/she had cheated during a test shall also receive a grade “F” for the entire course.
- Third offense – students who cheat a third time (not necessarily in the same class) will be expelled from UNYT.
“I ACCEPT THE ABOVE RULES AND REGULATIONS REGARDING PLAGIARISM AND CHEATING AT UNYT.STUDENT AGREEMENT
I SIGN THIS DOCUMENT WITH AN UNDERSTANDING THAT IF I BREAK THE ACADEMIC REGULATIONS I WILL BE SUBJECT TO THE DISCIPLINARY ACTIONS OUTLINED ON THIS PAPER AND IN other UNYT PUBLICATIONS.
Student ID Printed Name Student’s Signature Date________________________ ________________________ ______________
University of New York in Tirana
K21714002G Komuna e Parisit, Tirana Albania
2016 to 2018
LL.M. in International & Commercial Law
Thursday, Friday 17.30- 21.30; Saturday 9.30 – 18:30(1st weekend) / 2nd weekend finish at 16.30*
|December 2, 9,10, 15,16,17 2016||Principles of International and Commercial Law (core 4cr)||Assoc. Prof. Dr. Darjel Sina/ Hektor Ruci, PhD Cand.|
|January 19-20-21, 26-27-28, 2017||Research Methods (core 4cr)||Assoc. Prof. Dr. Darjel Sina/ PhD. Denard Veshi|
|FebruaryEvery week (3h)||Fiscal Law ((core 4cr)||Ph.D Denard Veshi/ Enkelejda Koka, PhD Cand.|
|March2-3-4, 9-10-11/2017||Public International Law I (core 4cr)||Ph.D Denard Veshi, / Hektor Ruci, PhD Cand.|
|March23-24-25, 30-31/03, 01/4||Corporate Law I (core 4cr)||Assoc. Prof. Dr. Darjel Sina|
|April13-14-15, 20-21-22/2017||Public International Law II (core 4cr)||Ph.D Denard Veshi/ MSc Blerina Fani|
|MayEvery week (3h)||Corporate Law II (core 4cr)||Assoc. Prof. Dr. Darjel Sina|
|International Trade Law or International Criminal Law (Elective 4 cr)||Ph.D Denard Veshi/ Enkelejda Koka, PhD Cand.|
|Fall 2017||Private International Law (core 3cr)||Assoc. Prof. Dr. Darjel Sina|
|Fall 2017||Arbitrage Dispute resolution or International Human Rights Law (Elective 4 cr)||Ph.D Denard Veshi/ LLM Arold Zhukri|
|Dec 2017||Dissertation Seminar (Core 3 cr)||Assoc. Prof. Dr. Darjel Sina|
|Spring 2018||Civil Procedure (Core 3 cr)||Ph.D Denard Veshi/ LLM Arold Zhukri|
|Dec 2017-May 31,2018||Final Dissertation (Core 15cr)||Group of Faculty|
- Essay due date : TBD
- Exam due date: TBD
*Second Saturday class hours 9.30 – 16.30 due to the final exam taking place each next Friday.
Submission of Dissertation at the latest: TBD