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The Master of Science in International Commercial Law (ICL) is a post-graduate degree programme. The ICL program is licensed by Decision of the Council of Ministers No. 939, dated 3.09.2009. Until 2014 it operated in collaboration with the University of Greenwich, London, UK. The programme has been validated in 2009 and undergone accreditation in 2011, 2018 and 2022.

The purpose of this MSc 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 practising lawyers and public 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 other international legal issues within the context of the international legal framework. However, the applicability of these aspects in diurnal business will be emphasised. In terms of career prospects, students completing the programme successfully may go on to a variety of career options including: practice of international 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 commercial law – focussing 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 post-graduate research skills and methodology.

The programme is taught by UNYT in full-time mode only, comprising 24 months.

The programme comprises nine taught core courses (Principles of International Commercial Law, Corporate Governance, Research Methods in Law, Public International Law, International Trade Law, Banking and Financial Law, Private International Law, Fiscal Law, and Bankruptcy Law) and two taught elective courses (to be chosen among: Theory of Dispute Resolution and Mediation and Arbitrage Law, Intellectual Property Law, Economics of EU, EU Law, Competition Law, and Labour Law), as well as a Graduation Seminar, an Internship course and a significant research component involving a thesis of 15,000 words.

Core and Elective Courses

8 ECTSPrinciples of International Commercial Law (C)60 hours
6 ECTSFiscal Law (C)60 hours
8 ECTSResearch Methods in Law (C)60 hours
8 ECTSPublic International Law (C)60 hours
8 ECTSCorporate Governance (C)60 hours
8 ECTSPrivate International Law (C)60 hours
8 ECTSBanking Law (C)60 hours
8 ECTSBankruptcy Law (C)60 hours
6 ECTSEuropean Union Law (E)45 hours
6 ECTSArbitrage Law (E)45 hours
6 ECTSIntellectual Property Law (E)45 hours
10 ECTSGraduate Seminar60 hours
18 ECTSGraduation Project – Dissertation
12 ECTSInternship15 hours

The programme specification covers Core courses (A) and Elective courses (B).

A.  Core Courses

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

  • 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

  • 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.

 Fiscal Law

  • Income Tax
  • Social and Health Insurance
  • Profit Tax
  • VAT

 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.

Civil Procedure

  • This course will familiarise all students with the rules on civil procedure in Albania.

Principles of International Commercial Law

  • The basic concepts of international commercial law
  • The basic structure and fundamental rules of modern trade,
  • International Commercial Arbitration

 

B.  Elective Courses

 Competition Law

  • 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

  • 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
  • Infringement

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 multimodal 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.

 Dissertation Seminar

  • Identifying appropriate topics for the Master Thesis
  • Consultancy regarding formatting, style and academic challenges.

ICL-International Commercial Law Final Dissertation

  • 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.

Depending on the course there is a different assessment method:

  I.e. Research Methods in Law (also the majority of the courses)

Method of assessmentFinal Term Paper40 points
Midterm Exam30 points
Presentation20 points
Participation10 points

Grading System

Assessment criteria

 

Grade PercentageLetter GradeG.P.A
90 – 100A4.00
85 – 89A-3.67
80 – 84B+3.33
70 – 79B3.00
65 – 69B-2.67
60 –64C+2.33
50 – 59C2.00
45 – 49C-1.67
40 – 44D+1.33
35 – 39D1.00
0 –34F0.00

Teaching and Learning Strategy

The programme develops a systematic in-depth understanding of international 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 elective courses involving lectures, interactive sessions through workshops, seminars and problem-solving classes.

Academic Support

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.

Students have regular meetings with their course tutors, on a one-to-one-basis. 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 Policies

Attendance Expectations

Attendance of the courses is mandatory, with a minimum requirement of 70% 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.

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 ICL Board. The ICL 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.

Quality Assurance

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 (80/2015), 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 activity is also subject to assessment by the Accreditation Agency of the Albanian Ministry of Education and Sciences (ASCAL), 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 defense on the new paper may be scheduled.

 

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.

MSc in International Commercial law

Cohort 2 – 2021 – 2023

Schedule

DateCourse/ ECTSWeekly HoursFaculty
17:00-21:00

December 2021:

Mon & Thurs, 6th, 9th, 13th

 

January – February 2022

10th, 17th, 18th, 24th, 31st, 7th, 9th, 14th, 16th, 21st, 23rd, 28th      

Advanced Research Methods (core 8 credits)2+2 / 60 hrs.Assoc. Prof. Eda Gemi, PhD/ TA. Blerina Fani, MSc
17:00-21:00 – Wed & Thurs.

December 2021 – 15th, 16th, 22nd, 23rd

January 2022 – 5th, 6th, 12th, 13th, 19th, 20th, 26th, 27th

February 2022 – 2nd, 3rd, 5th

 

Principles of International Commercial Law (core 8 credits)3+1 / 60 hrs.Prof. Assoc. Dr. Enkeleda Olldashi
Fri 17:00-21:00 & Sat 10:00-14:00

January 2022: 21st, 22nd, 28th, 29th

February 2022: 4th, 5th, 11th, 12th, 18th, 19th, 25th, 26th

March 2022: 4th, 5th

Corporate Governance (core 8 credits)3+1 / 60 hrs.Dr. Armela Kromici
Spring 2022Public International Law (core 8 credits) Cross PIND2+2 / 60 hrs.Jola Gjuzi, PhD/  Hektor Ruci, LLM
Spring 2022Private International Law (core 8 credits) / Cross PIND3+1 / 60 hrs.Emina Karo, PhD/ Av. Andrea Mazelliu, MSc
Spring 2022Banking Law (core 8 credits) Cross PIND3+1 / 60 hrs.Ilir Barjaba, JD
Spring 2022(Elective 6 credits)

European Union Law

2+1 / 45 hrs.Plarent Ruka, PhD / Hektor Ruci, LLM (TA)
2nd Year
Fall 2022Fiscal Law (core 6 credits) Cross PIND 3+1 / 60 hrs.Dr. Ejona Bardhi
Fall 2022(Elective 6 credits)

Arbitrage Law

2+1 / 45 hrs.Dr. Silvana Cinari
Fall 2022(Elective 6 credits)

Intellectual Property Law

2+1 / 45 hrs.Dr. Valbona Pajo
Fall 2022Bankruptcy Law (core 8 credits) Cross PIND3+1 / 60 hrs.Dr. Joana Qeleshi
Fall 2022Graduate Seminar (10 credits)1+3 / 60 hrs.Emina Karo, PhD
Spring 2023Internship (12 credits)0+1 / 15 hrs. (seminar)
Spring 2023GRADUATION PROJECT (Dissertation) (18 credits)0+1 / hrs.

(seminar)