Module D - OCTOBER - 2021-2

OCTOBER 2021
LWM01D to LWM85D
POSTGRADUATE CERTIFICATE IN LAWS
POSTGRADUATE DIPLOMA IN LAWS
LLM EXAMINATION
Module D Questions for ALL SYLLABUSES
Monday 11 October 2021
This examination booklet contains all Module D examination papers coded LWM01D-
LWM85D. Each candidate will receive a copy of this booklet in its entirety to be used
for the duration of the examination. For each Module D examination, candidates will
have ten minutes to locate their paper and for reading time. They will then have the
remaining forty-five minutes in which to answer the paper and five minutes to upload
their answer.
Papers may be answered in any order.
Candidates should answer all parts of a question unless otherwise stated.

Permitted materials, where relevant, are stated on the individual examination
paper.
The index of papers starts on page 2.
IMPORTANT
DO NOT COMBINE YOUR ANSWERS FOR DIFFERENT EXAMINATIONS INTO A

SINGLE DOCUMENT. SUBMIT YOUR WORK FOR EACH EXAMINATION
SEPARATELY IN THE CORRECT SUBMISSION AREAS
© University of London 2021
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OCTOBER 2021
Index of papers Page
LWM01D Assistance at sea and in ports 4

LWM03D Arbitration award – form, content, challenge and enforcement 6
LWM05D International conventions regulating the rights and obligations
of the parties to the bill of lading contract 7
LWM06D Investment of trust funds 9
LWM07D Global crime 10
LWM08D General principles of European Union law 11
LWM09D Corporate management II 12
LWM10D Trusts of homes 13
LWM11D European Union competition law practice and procedure 14
LWM12D European Convention on Human Rights substantive rights (2) 15
LWM13D Regulation of the internal market 16
LWM15D Company law constitutional issues II 17
LWM16D The regulation of franchising 18
LWM17D The nature of the law on financial crime 19
LWM19D Sovereign governments, non-state actors and individual
responsibility for human rights violations: linking theory
to practice 20
LWM20D Intellectual property – integrated topics 21
LWM22D Claims process 22
LWM23D Property in the person 23
LWM24D Computer-related patents 24
LWM25D Competition and trade policy 25
LWM26D Copyright law in the European Community 26
LWM27D Current issues in international patent law and policy 27
LWM28D Special topics in trade marks 28
LWM29D Special issues in international and comparative trust law 29
LWM30D General principles of international criminal law 30
LWM31D Public international law of trade 31
LWM32D Particular subjects of international environmental law II 32
LWM33D The case-law on the treatment of foreign investment 33
LWM34D The high seas, the sea-bed and dispute resolution 34
LWM35D Specific issues in children’s rights (2) 35
LWM36D United Nations Sale Convention 1980 (CISG) 36
LWM38D Role and functioning of international courts and
tribunals: procedural aspects 37
LWM39D Indemnity, subrogation and contribution 38
LWM40D Fields of concern for multinational enterprises 40
LWM42D Investment arbitration and specialist arbitration 41
LWM44D State structure of Russia 42
LWM47D United Kingdom taxes II: additional tax bases 43
LWM48D Telecommunications: the international view 44
LWM49D Border issues in technology transfer 45
LWM50D Modern perspectives on the Ius Commune 46
LWM51D Special World Trade Organization regulations 47
Index continues on next page
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LWM52D Comparative youth justice law 49

LWM54D Legal aspects of invalidity, termination and suspension of
treaty obligations 50
LWM55D External political relations 51
LWM56D Legal and ethical issues in reproduction 52
LWM57D Unilateral, bilateral and multilateral merger control strategies 53
LWM60D Contemporary issues in refugee law 54
LWM61D Selected United Nations human rights bodies and specialised
agencies 55
LWM63D Special topics in sports 56
LWM64D United Kingdom bank regulation law 57
LWM66D Syndicate management and loan transfer 58
LWM67D Recognition and enforcement of judgments in private
international law 59
LWM69D Suitable conduct and unconscionable conduct in financial
transactions 60
LWM70D Conflict of laws in insurance 61
LWM71D The Listing Rules and the Model Code 62
LWM72D Cheques and payment cards 63
LWM74D Energy law in Europe 64
LWM75D The regulation of derivatives, credit derivatives and
securitisation 65
LWM77D Investor protection 66
LWM78D Project finance documentation 67
LWM79D Tests for quality of legislation 68
LWM80D Regulated industries – compliance and risk management
in the financial sector 69
LWM81D Transfer pricing 70
LWM82D Tort theory 71
LWM83D Insurance 72
LWM84D Dispute settlement in certain areas of the law of the sea 74
LWM85D RegTech, SupTech and LegalTech 75
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LWM01D
UNIVERSITY OF LONDON

LLM EXAMINATION
ADMIRALTY LAW
Module D: Assistance at sea and in ports
Candidates should answer ONE of the following TWO questions.
1. The Groot was engaged to provide towage services to the Rocket under a contract
subject to the UKSTC. The contract contained the following clauses:
1.‘Whilst towing, the tug owners shall not be responsible for any loss, damage,
delay whatsoever caused to the tow, or for any failure to complete the towage
service howsoever caused, whether due to any unseaworthiness or breakdown of
the tug.’
and
2. ‘The owner of the tow shall indemnify the tug owners against all and every claim
in respect of any loss or damage arising in connection with the towage operation,
or caused by the neglect of the tug owner and/or their servants.’
Upon reaching the vicinity of the Rocket, the Groot grounded. She suffered hull
damage and returned to port. A replacement tug, the Drax, was supplied. The
Drax was an old, underpowered vessel. In an attempt to move the Rocket, the
Drax’s gear failed. As a result, both the Drax and the Rocket hit some rocks and
both ships sank.
Advise the owners of the ships involved.
QUESTION 2 IS ON NEXT PAGE
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2. The Duck an oil tanker on ballast, was navigating through a busy shipping area
when the engines stopped working. The master of the Duck immediately dropped
anchor.
With the weather deteriorating the master asked the shipowner to provide
assistance and the shipowner arranged for a tug to approach the Duck and tow it
to safety. Two hours after the communication was received by the master of the
Duck, the Hero, a tug owned by Treasure Ltd., offered to help.
The master of the Duck signed an LOF contract which incorporated the SCOPIC
clause and a line was passed to the Duck from the Hero. Two hours later the
master of the Hero invoked the SCOPIC clause by sending, via email, a signed
form to the owners of the Duck. The owners of the Duck protested that they have
never agreed any contract of salvage either with the Hero or with Treasure Ltd.
At the same time another tug, the Strong, came along the Duck and its master told
the master of the Duck that they have been commissioned by the owners to salve
the ship. The arrangement with the Strong was made under LOF, for a fixed
amount. The place of delivery of the Duck under the second LOF with the Strong
was agreed to be the place of discharge of the cargo which was several thousand
miles away and was not the closest place of safety. These arrangements were
confirmed by the owners of the Duck who ordered the master to wait for 45
minutes.
You have been asked by the owners of the Duck about the options available in
having the salvage performed and the potential risks each option has.
END OF PAPER
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LWM03D

LLM EXAMINATION
APPLICABLE LAWS AND PROCEDURES IN INTERNATIONAL COMMERCIAL

ARBITRATION
Module D: Arbitration award – form, content, challenge and enforcement
Candidates are permitted to refer to the Primary Materials 2021.
1. Discuss whether an award can be challenged in the following circumstances:
a) A tribunal awards an amount in compensation for something not claimed by

the parties;
b) A tribunal renders an award despite the fact that the time limits in an escalation
procedure from mediation to arbitration contained in the arbitration clause had not
been exhausted.
2. Critically assess whether there would be grounds to refuse enforcement of an

award in the following two circumstances, making appropriate reference to
national, international rules and arbitral practice:
a) The tribunal refused to give the respondent the same time as the claimant to
make representations;
b) The tribunal awarded punitive damages against the respondent.
END OF PAPER
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LWM05D

LLM EXAMINATION
CARRIAGE OF GOODS BY SEA
Module D: International conventions regulating the rights and obligations of the

parties to the bill of lading contract
1. ‘When interpreting the Hague-Visby Rules, English courts have never had regard
to the way the rules have been interpreted in other jurisdictions.’
Discuss whether you agree with this statement and support your answer with case
law.
2. With a contract of sale on CIF terms (Hull, UK), Wisdom Trading Ltd bought 1000
tonnes of coal from International Trading Ltd from Best Trading Ltd. At the port of
New York, USA, the consignment was shipped aboard The Wise and destined for
Hull.
During the shipment of the cargo, the master saw that the coals had been badly
broken up by mishandling. A bill of lading made out to Wisdom Trading Ltd was
issued for the cargo but the bill of lading did not contain the words “or order”. After
being provided with a letter of indemnity, the master agreed to describe the cargo
in the bill of lading as “a consignment of coal shipped in apparent good order and
condition, said to weigh 1000 tonnes, weight, quantity, quality and condition
unknown”.
The bill of lading contained, inter alia, the following clauses:
Clause 5. The carrier will not be liable for any damage or loss due to any
breach or non-performance of any obligation arising out of the
contract of carriage, whether or not relating to the vessel’s
seaworthiness.
QUESTION 2 CONTINUES ON NEXT PAGE
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Clause 6. The carrier has absolute freedom to transship the cargo and takes
no responsibility whatsoever in the case of a cargo loss or
damage during or after transshipment.
During the sea transit, a fire started and attempts to extinguish the fire caused
water damage to the cargo. The vessel was then put into New Orleans, US,
where the master unloaded the cargo, which was then shipped onto another
vessel, Sleeping Bunnies and destined for Hull.
Wisdom Trading Ltd endorsed the bill of lading to Duffus & Co Ltd, the on-
buyers of the cargo. On arrival of Sleeping Bunnies, Duffus & Co Ltd noticed
the apparent damage to the cargo. In order to avoid litigation, Duffus & Co Ltd
sold the cargo to its subsidiary Gill & Co Trading Ltd and endorsed the bill of
lading to them.
Explain the prospects of success of each potential cargo claim.
END OF PAPER
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LWM06D

LLM EXAMINATION
COMMERCIAL TRUSTS LAW
Module D: Investment of trust funds
1. ‘The Trustee Act 2000 effected significant changes to trusts law. Nevertheless, the
Trustee Act 2000 does not offer anything like the sort of regulation which was
created under the Financial Services and Markets Act 2000 to govern financial
transactions. Compared to financial regulation, the law of trust investment looks
very under-developed.’
Discuss.
2. ‘The case law dealing with the investment of trusts was built on such vague and
general concepts that it offered no guidance to trustees in practice. The creation
of the statutory investment criteria and related concepts have effected a great
improvement. However, there remain some problems which have not yet been
resolved.’
Discuss.
END OF PAPER
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LWM07D

LLM EXAMINATION
COMPARATIVE CRIMINAL JUSTICE POLICY
Module D: Global crime
1. ‘The term “terrorism” has no settled meaning.’ (Maggs, 2009)
To what extent does this view undermine the value of terrorism as a field of study
for the comparative criminal justice policy scholar?
2. ‘The International Criminal Court ensures that those who commit serious human
rights violations are held accountable. Justice helps promote lasting peace,
enables victims to rebuild their lives and sends a strong message that perpetrators
of serious international crimes will not go unpunished.’ (Amnesty International,
2007)
To what extent does the current operation of the International Criminal Court meet
this expectation and why does the study of this Court remain important for the
comparative criminal justice policy scholar?
END OF PAPER
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LWM08D

LLM EXAMINATION
CONSTITUTIONAL AND INSTITUTIONAL LAW OF THE EUROPEAN UNION
Module D: General principles of European Union law
1. Explain, using Treaty provisions and jurisprudence, the concept of ‘clarity’ in the
context of EU legal certainty.
2. The words ‘suitable’ and ‘necessary’ are seen by experts as crucial to

understanding and applying the principle of proportionality. Discuss.
END OF PAPER
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LWM09D

LLM EXAMINATION
CORPORATE FINANCE AND MANAGEMENT ISSUES IN COMPANY LAW
Module D: Corporate management II
1. Does corporate theory help us understand company law? Give reasons for your
answer.
2. Should we abolish the UK Corporate Governance Code? Give reasons for your
answer.
END OF PAPER
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LWM10D

LLM EXAMINATION
EQUITY AND TRUSTS IN CONTEXT
Module D: Trusts of homes
1. ‘The judgment of Lady Hale in Stack v Dowden was intended to be a tidying of the
law in this area. However, it left many problems unaddressed. The subsequent
case of Jones v Kernott failed to resolve those problems.’
Discuss.
2. ‘The law relating to ownership of the home – whether based on trusts of homes or
proprietary estoppel – is in a confused state. The best approach for the future
would be legislation which sets the law on a predictable footing for the future. The
difficulty is in identifying a principle which will command respect from a sufficient
number of people.’
Discuss.
END OF PAPER
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LWM11D

LLM EXAMINATION
EUROPEAN UNION COMPETITION LAW
Module D: European Union competition law practice and procedure
1. ‘The enforcement of Articles 101 and 102 TFEU would be considerably weaker
without the involvement of national competition authorities.’
Discuss.
2. ‘At present, Articles 101 and 102 TFEU are enforced effectively in domestic courts
of EU member states.’
Discuss.
END OF PAPER
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LWM12D
LLM EXAMINATION
EUROPEAN CONVENTION ON HUMAN RIGHTS
Module D: European Convention on Human Rights substantive rights (2)
1. ‘The European Court of Human Rights’ activist approach to the right to privacy and
family life secured by Article 8 ECHR has been rightly criticised as being over-
expansive.’
Critically discuss this statement.
2. ‘The European Court of Human Rights has afforded the High Contracting Parties
too wide a margin of appreciation when assessing interferences with the right to
freedom of thought, conscience and religion as protected by Article 9 ECHR.’
END OF PAPER
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LWM13D

LLM EXAMINATION
EUROPEAN INTERNAL MARKET
Module D: Regulation of the internal market
1. Discuss the role of the New Approach in the completion of the internal market.
Comment critically on the view that it exposes consumers and other large, often
relatively unorganised groups, to the lowest common denominator lobbied for by
industry and other small, well-organised groups.
2. A is a trader established in Utopia. He introduces a new healthy food product that

promises ‘to make its users look and feel 10 years younger’. The Utopian
Consumer Protection Office (UCPO) press charges against A for breaking rules
on the labelling of products and especially rules on misleading labelling on health
products and foodstuff. A asks you whether the labelling of his product is
compatible with EU law.
END OF PAPER
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LWM15D

LLM EXAMINATION
FOUNDATIONAL AND CONSTITUTIONAL ISSUES IN COMPANY LAW
Module D: Company law constitutional issues II
1. ‘The judiciary have adopted an overly restrictive approach to Part 11 of Companies

Act 2006 in order to give effect to the perceived exceptional nature of derivative
claims. The true test of the effectiveness of the statutory procedure is whether the
complexity surrounding the ability to pursue a derivative claim will continue to act
as a deterrent to potential actions when compared with the broad scope of section
994 Companies Act 2006.’
2. ‘But the words of the section are wide and general and... the categories of unfair
prejudice are not closed.’ (Arden J, 1996).
Is this statement an accurate reflection of the manner in which section 994

Companies Act 2006 is currently applied by the courts?
END OF PAPER
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UNIVERSITY OF LONDON LWM16D

LLM EXAMINATION
FRANCHISING LAW
Module D: The regulation of franchising
1. ‘There is no pattern to the regulation of franchises. Some international standards

are desperately needed.’
Critically evaluate this statement.
2. ‘The high level of regulation of franchises in South Korea is appropriate.’
END OF PAPER
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LWM17D

LLM EXAMINATION
LAW OF FINANCIAL CRIME
Module D: The nature of the law on financial crime
1. ‘Financial markets are regulated as to the ways in which they provide information
publicly. Communications with the public must be regulated tightly so as to prevent
inappropriate behaviour. However, it is difficult to know what constitutes
appropriate communication and what constitutes illegal communication. Knowing
how to define that difference is important.’
Discuss.
2. ‘Financial regulation is more effective than the traditional criminal justice system
or the criminal law in controlling misfeasance in financial markets. The objectives
of the two codes are radically different and their effectiveness is equally different.’
Discuss.
END OF PAPER
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LWM19D

LLM EXAMINATION
HUMAN RIGHTS OF WOMEN
Module D: Sovereign governments, non-state actors and individual

responsibility for human rights violations: linking theory to practice
1. What value can be found in feminist critiques revisioning global ethics?
2. Critically analyse whether, and if so, how, case law jurisprudence from
International Criminal Law courts adequately addresses sexual violence in
conflict.
END OF PAPER
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LWM20D

LLM EXAMINATION
INDUSTRIAL AND INTELLECTUAL PROPERTY
Module D: Intellectual property – integrated topics
1. John has designed a smart phone and seeks your advice as to the legal protection
that might be available for the design of his device. There are no technical
innovations in John’s phone but it has a number of novel features. Its shape is oval
rather than rectangular, it has a translucent plastic casing which is illuminated in
green light when the phone is switched on. The phone also vibrates when an
incoming call is received, the vibrations mimicking the rhythm of a well-known
piece of music.
Advise John what protection might be available to him in respect of particular

aspects of his phone’s design and operation. You should pay particular attention
to the application of the Registered Designs Act. You should explain (a) the steps
that John will need to take to secure this form of protection; (b) the extent of the
rights that he will obtain, and (c) the remedies that will be available in the event
his rights are infringed.
2. Assess critically the relationship between intellectual property law and the
provisions of competition law prohibiting abuse of a dominant position.
END OF PAPER
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LWM22D

LLM EXAMINATION
INSURANCE LAW (EXCLUDING MARINE INSURANCE LAW)
Module D: Claims process
1. ‘Every contract of marine or fire insurance is a contract of indemnity, and indemnity

only, the meaning of which is that the assured in case of a loss is to receive a full
indemnity, but is never to receive more’ (Brett L.J.).
Discuss.
2. ‘It is difficult to define what is meant by the proximate cause rule in relation to
claims under an insurance policy, or to know when this rule does and does not
apply.’
Discuss.
END OF PAPER
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LWM23D

LLM EXAMINATION
INTELLECTUAL PROPERTY AND MEDICINE
Module D: Property in the person
1. Critically evaluate the following in relation to property, privacy and human subjects:
(i) Tissue sampling and collection; and (ii) Population-wide studies.
2. ‘Traditional medicine is not adequately protected under current intellectual

property law. Some form of protection is required.’ Critically evaluate.
END OF PAPER
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LWM24D

LLM EXAMINATION
INTELLECTUAL PROPERTY ON THE INTERNET
Module D: Computer-related patents
1. Joachin has invented a new form of processor intended for use in mobile phones.
He claims that the process, running algorithms that he has also developed,
provides mobile phones with a more stable connection to the Internet than is
possible using existing technology.
Joachin does not develop mobile phones himself but makes his income from
licensing use of his technology to producers. He has secured a US patent for his
new processor and has also succeeded with an application for a European patent
valid in 6 countries (including the UK).
Joachin has been approached by the Chair of an International Standards

Organisation committee that is looking to develop standards for the generation of
mobile telephony which will follow 5G communications. It is suggested that he
should declare his patent as “essential”.
Advise Joachin what will be the consequences of his declaring his patent to be
essential?
2. Patent applications have recently been submitted to the European Patent Office
identifying an artificial intelligence program as the inventor of the subject matter.
What objections might such an application face under current patent law?
END OF PAPER
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LWM25D

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE COMPETITION LAW
Module D: Competition and trade policy
1. ‘Introducing a market access principle under competition policy risks turning the
latter into an instrument of trade regulation.’
Discuss.
2. In your view, how useful would it be to incorporate competition policy within the
World Trade Organisation (WTO)? Discuss.
END OF PAPER
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LWM26D

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE LAW OF COPYRIGHT AND RELATED

RIGHTS
Module D: Copyright law in the European Community
1. Critically assess the notions of parody and quotation under EU copyright law. In
your answer, refer to relevant case law by the Court of Justice for the European
Union.
2. ‘Today, following the jurisprudence by the Court of Justice for the European
Union, the notion of what constitutes a communication to the public has become
opaque, especially so with regard to the differences between primary and
secondary liability.’
Critically discuss this statement and refer to case law where relevant.
END OF PAPER
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LWM27D

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE LAW OF PATENTS, TRADE SECRETS

AND RELATED RIGHTS
Module D: Current issues in international patent law and policy
1. ‘In the European Patent Union, the granting of patents which are contrary to public
policy is now almost fully regulated by the Directive on biotechnology (98/44/EC).’
2. ‘The approach to the patentability of computer programs before the European

Patent Office and the US Patent and Trademark Office is now essentially the
same.’
Discuss critically.
END OF PAPER
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LWM28D

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE LAW OF TRADE MARKS, DESIGNS

AND UNFAIR COMPETITION
Module D: Special topics in trade marks
1. ‘Registering, trafficking in, or using a domain name in bad faith with a view to profit
from the goodwill of another party’s trade mark is an activity that is known as cyber
squatting or domain squatting.’
What is the legal protection against cyber squatting offered in

a. the United States or
b. the United Kingdom?
Does it offer an efficient solution to the challenges emerging from cyber squatting?
2. Critically compare the legal framework governing parallel trades of products

bearing trade mark protection in the EU and the United States.
END OF PAPER
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LWM29D

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE TRUST LAW
Module D: Special issues in international and comparative trust law

(Previously known as: Special issues in international and comparative trust)
1. ‘The decision of the Supreme Court in Akers v Samba has had a significant effect
on international trusts law. The after-effects of that case will continue to be felt for
many years into the future.’
Discuss.
2. ‘The concept of the trust has been changed significantly by the Hague Trust
Convention so that it will operate effectively in jurisdictions in which the trust is not
native to its jurisprudence. Jurisdictions which have the trust naturally as part of
their jurisprudence will adapt easily. The purpose of the Convention is to make the
trust a device which can be used around the world.’
Discuss.
END OF PAPER
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LWM30D

LLM EXAMINATION
INTERNATIONAL CRIMINAL LAW
Module D: General principles of international criminal law
1. The creation of piracy tribunals in the Horn of Africa clearly suggests that the
international community is weary of exercising universal jurisdiction over piracy
jure gentium.
Critically discuss.
2. Too much attention and far too many resources have been spent on core
international crimes, at a time when transnational crimes threaten the stability of
nations, which in turn lead to potential spill-over effects in neighbouring countries.
Critically discuss.
END OF PAPER
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LWM31D

LLM EXAMINATION
INTERNATIONAL ECONOMIC LAW
Module D: Public international law of trade
1. Give an account of the core rights of a patent holder, and discuss exceptions to
these rights under the TRIPS Agreement.
Your answer should refer to relevant articles of the TRIPS Agreement and draw
examples from case law.
2. What does MFN treatment mean in the context of the GATS?
Your answer should refer to the relevant Articles of the GATS and draw examples
from case law.
END OF PAPER
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LWM32D

LLM EXAMINATION
INTERNATIONAL ENVIRONMENTAL LAW
Module D: Particular subjects of international environmental law II
1. Critically explain the main principles underlying the 1992 Helsinki Water
Convention.
2. What are the main principles underlying the 1979 Long–Range Transboundary Air
Pollution Convention and its Protocols? How might they be improved? Discuss.
END OF PAPER
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LWM33D

LLM EXAMINATION
INTERNATIONAL INVESTMENT LAW
Module D: The case-law on the treatment of foreign investment
1. ‘Anti-corruption laws are now becoming part of the body of international

investment law.’
Discuss with reference to relevant international investment arbitration cases and

international instruments.
2. Assess the approach taken by international investment tribunals on the nature and
scope of indirect expropriation, making reference to the key cases in this area.
END OF PAPER
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LWM34D

LLM EXAMINATION
INTERNATIONAL LAW OF THE SEA
Module D: The high seas, the sea-bed and dispute resolution
1. What are the powers and functions of the International Tribunal of the Law of the
Sea? Discuss.
2. What is the legal status of the deep seabed? Discuss.
END OF PAPER
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LWM35D

LLM EXAMINATION
INTERNATIONAL RIGHTS OF THE CHILD
Module D: Specific issues in children’s rights (2)
1. Critically assess the children’s rights frameworks which are relevant to armed
conflict.
2. When a child is in conflict with the law, how can the justice system ensure that
their right to a fair trial is protected?
END OF PAPER
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LWM36D

LLM EXAMINATION
INTERNATIONAL TRADE LAW
Module D: United Nations Sale Convention 1980 (CISG)
1. ‘It is essential in the interests of uniformity that the interpretation of the Vienna
Convention should always be controlled by the Unidroit Principles.’
Do you agree with this statement? Discuss.
2. Best Beans Trading Ltd, a Venezuelan company, sold 3000 tonnes of coffee to
Love Coffee Ltd, an Italian company on CIF (Ravenna) terms. The sale contract
provided for shipment in April 2021. The buyer wanted to sell the goods on and
concluded a contract on similar terms with Super Coffee, also an Italian company.
The seller chartered Super Pacific for shipment of the cargo. However, the loading
operations seriously delayed at Venezuelan ports due to a nationwide haulage
strike. Although the seller could have paid for costly non-unionised drivers, it
decided not to as it would have increased the overall transport cost substantially.
Loading was therefore not completed before 15 June.
The first buyer, Love Coffee paid against tender of the documents, which stated
31 April as date of shipment. When Love Coffee tendered the documents to Super
Coffee, the documents were rejected by Super Coffee. The market price for coffee
has risen sharply since these sale contracts were concluded.
Critically discuss the legal positions of (a) Best Beans Trading Ltd vis-à-vis Love
Coffee Ltd, and (b) Love Coffee Ltd vis-à-vis Super Coffee Ltd., with reference to
CISG.
END OF PAPER
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LWM38D

LLM EXAMINATION
LAW AND POLICY OF INTERNATIONAL COURTS AND TRIBUNALS
Module D: Role and functioning of international courts and tribunals:

procedural aspects
1. ‘All international courts and tribunals should have appellate mechanisms.’
Critically discuss.
2. ‘The fact that the Court has seldom granted requests to intervene under Article 62
reflects the precision with which it handles disputes brought before it. The
possibility to intervene under Article 62 of the Statute . . . is not an open invitation
to expand an existing dispute between two States into one including numerous
States.’
(Speech By H.E. Judge Hisashi Owada, President of the International Court Of

Justice, to the Sixth Committee of the General Assembly, 28 October 2011).
Critically discuss with reference to the practice of the International Court of Justice
on third party intervention under Article 62 of its Statute.
END OF PAPER
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OCTOBER 2021
LWM39D

LLM EXAMINATION
MARINE INSURANCE LAW
Module D: Indemnity, subrogation and contribution
1. A marine insurer may have a right of contribution against another insurer in the
case of double insurance. Explain and discuss the circumstances in which such
a right of contribution may arise and the circumstances in which such a right of
contribution may be exercised.
2. The vessel Galaxy (‘the Vessel’) was insured by the shipowner against marine
risks under two unvalued policies, one issued by Diplomatic Insurance
Company (‘Diplomatic’) with a limit of US$100,000,000 and the other issued by
Consular Assurance Inc (‘Consular’) with a limit of US$60,000,000. Each policy
insured the vessel for the period of 12 months from 1st January 2020.
The Vessel in fact had a sound market value of US$80,000,000 as at 1st

January 2020.
On 28th February 2020, the Vessel sustained damage to its propeller by reason
of the Vessel becoming ensnared in a fishing net. The owner repaired the
Vessel at a cost of US$5,000,000.
On 30th April 2020, the Vessel sustained damage to its accommodation block
by reason of a severe hail storm at sea. The shipowner estimated that the cost
of repair at US$4,000,000. The damaged value of the Vessel, following the hail
storm, was US$75,000,000. The shipowner decided to postpone the repairs to
the end of the year when the Vessel was next to enter drydock.
On 30th September 2020, the Vessel grounded and sustained substantial

damage to its hull. The Vessel was towed to a nearby port at a cost of
US$4,000,000. By the end of October 2020, the owner obtained tenders for the
Vessel’s repair from a number of shipyards. Each of these shipyards estimated
the cost of repair at US$90,000,000.
UL21/1028 Page 38 of 75
OCTOBER 2021
On 15th November 2020, the shipowner tendered a notice of abandonment to

Consular but not to Diplomatic.
Advise Consular (1) whether it is obliged to indemnify the shipowner, and if so

in what amount, in respect of (a) the damage to the propeller, (b) the damage
to the accommodation block, and (c) the grounding; and (2) whether it is entitled
to a contribution from Diplomatic and, if so, in what amount.
END OF PAPER
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OCTOBER 2021
LWM40D

LLM EXAMINATION
MULTINATIONAL ENTERPRISES AND THE LAW
Module D: Fields of concern for multinational enterprises
1. Should MNEs be obliged to transfer technology? Why or why not? How can states
impose this obligation?
2. The EU is proposing a due diligence requirement akin to France’s Duty of

Vigilance on European MNEs. Is this necessary to cause a level playing field or is
it too large of an imposition on MNEs, in part, because it disregards the concept
of separate legal personality?
END OF PAPER
UL21/1028 Page 40 of 75
OCTOBER 2021
LWM42D

LLM EXAMINATION
REGULATION AND INFRASTRUCTURE OF INTERNATIONAL COMMERCIAL

ARBITRATION
Module D: Investment arbitration and specialist arbitration
Candidates are permitted to refer to the Primary Materials 2021.
1. Where do investment tribunals in Investor State Dispute Settlement derive their

power from and how is arbitrability determined in investor-state arbitration?
2. ‘The International Centre for Settlement of Investment Disputes (ICSID) is no

longer able to contain the wave of criticism against Investor State Dispute
Settlement (ISDS).’
Critically examine the role ICSID has played in the development of ISDS and
reflect on current debates on reforming this type of arbitration.
END OF PAPER
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OCTOBER 2021
LWM44D

LLM EXAMINATION
RUSSIAN LAW AND LEGAL INSTITUTIONS
Module D: State structure of Russia
1. Discuss the significance of the State Council as set out in the 2020 amendments
to the Russian Constitution.
2. ‘The newly introduced reference to “faith in God” in the Russian Constitution

amounts to State intervention in the personal beliefs of Russian citizens.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM47D

LLM EXAMINATION
TAXATION PRINCIPLES AND POLICY
Module D: United Kingdom taxes II: additional tax bases
1. ‘The fact that CGT has had so many different rates in the last 20 years shows that
the system is not working.’
Discuss.
2. Should the UK introduce a Wealth Tax? Discuss.
END OF PAPER
UL21/1028 Page 43 of 75
OCTOBER 2021
LWM48D

LLM EXAMINATION
TELECOMMUNICATIONS LAW
Module D: Telecommunications: the international view
1. How does the International Telecommunications Union (ITU) regulate the use
of radio frequencies? Discuss.
2. Discuss comparative models for the setting up of wholesale-only broadband

infrastructure providers (‘NetCos’).
END OF PAPER
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OCTOBER 2021
LWM49D

LLM EXAMINATION
TRANSFER OF TECHNOLOGY LAW
Module D: Border issues in technology transfer
1. ‘Compulsory licences do not play much of a role in technology transfer between

developed countries.’
Evaluate this statement critically.
2. ‘Border controls and rules of exhaustion are vital in relation to maintain effective
technology transfer agreements.’
Discuss critically.
END OF PAPER
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OCTOBER 2021
LWM50D

LLM EXAMINATION
WESTERN EUROPEAN LEGAL HISTORY
Module D: Modern perspectives on the Ius Commune
1. To what extent do ‘mixed’ legal systems reflect the Roman legal tradition? Discuss.
2. The BGB was finalised in 1901, but to what extent did it reflect the jurisprudence
of an earlier generation? Discuss.
END OF PAPER
UL21/1028 Page 46 of 75
OCTOBER 2021
LWM51D

LLM EXAMINATION
WORLD TRADE LAW
Module D: Special World Trade Organization regulations
1. In a recent dispute, when analysing the criterion of ‘arbitrary or unjustifiable

discrimination’ in the chapeau of Article XIV of the GATS, the Panel stated:
‘In this regard, we recall that the Appellate Body has clarified, in the context of
Article XX of the GATT 1994, that the nature and quality of the discrimination to
be examined under the chapeau of this provision is different from that found to be
inconsistent with the substantive obligations. More particularly, the Appellate Body
has explained that “[a]nalysing whether discrimination is arbitrary or unjustifiable
usually involves an analysis that relates primarily to the cause or the rationale of
the discrimination.” In our view, these findings are relevant also for the assessment
of arbitrary or unjustifiable discrimination under the chapeau of Article XIV of the
GATS.’ (European Union and Its Member States – Certain Measures Relating to
the Energy Sector, Panel Report circulated on 10 August 2018, para. 7.1244)
This approach reflects the practice of WTO dispute settlement bodies to interpret
concepts and provisions found in the GATS similarly to similar or identical ones
found in the GATT 1994.
Justify this practice, by exploring the features and provisions in the GATS that
have their roots in the GATT 1947 (now GATT 1994). Contrast these with
provisions that reflect the specificities of trade in services and therefore may be
subject to GATS-specific interpretations.
QUESTION 2 IS ON NEXT PAGE
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OCTOBER 2021
2. Consider the following statement:
‘Compulsory licensing may serve as a useful policy tool to increase access to

eventual treatments or vaccines for COVID-19, in particular, in situations in which
from a member’s perspective access to affordable health technologies in sufficient
quantities cannot be otherwise secured.’ (‘The TRIPS Agreement and COVID-19.
Information Note’, WTO, 15 October 2020, p. 9, at
https://www.wto.org/english/news_e/news20_e/trip_15oct20_e.htm)
Since the ‘WTO Doha Declaration on the TRIPS Agreement and Public Heath’,
public health has been a major issue in the context of WTO’s rules relating to
intellectual property. In times of the COVID-19 pandemic, it has become an even
more crucial issue.
Prepare a presentation on the development of WTO public health regulations and

the role of the TRIPS Agreement in addressing the challenges of the COVID-19
pandemic.
END OF PAPER
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OCTOBER 2021
LWM52D

LLM EXAMINATION
YOUTH JUSTICE
Module D: Comparative youth justice law
1. ‘In recent years Nordic states have been influenced by penal practices adopted in
other jurisdictions (e.g. the USA) which adopt a zero-tolerance policy to
delinquency.’ Critically evaluate the above statement with reference to the future
of the penal exceptionalism model.
2. ‘European juvenile justice is moving towards a mixed system that combines both
punitive and welfare elements.’ Critically discuss the claim made in this statement.
END OF PAPER
UL21/1028 Page 49 of 75
OCTOBER 2021
LWM54D

LLM EXAMINATION
LAW OF TREATIES
Module D: Legal aspects of invalidity, termination and suspension of treaty

obligations
1. Explain the role of State responsibility when there is a breach of a treaty and its
link to the law of treaties. Substantiate your answer with relevant case-law.
2. Explain and critically assess Article 62 of the 1969 Vienna Convention on the Law
of Treaties (fundamental change of circumstances). Substantiate your answer with
relevant case-law.
END OF PAPER
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OCTOBER 2021
LWM55D

LLM EXAMINATION
EXTERNAL RELATIONS LAW OF THE EUROPEAN UNION
Module D: External political relations
1. Decision-making in the CFSP and in particular the requirement for unanimity,

should be adapted to allow for qualified majority voting, similar to other EU policy
fields.
Discuss and critically evaluate the above statement.
2. The ruling of the Court of Justice in Kadi I (Joined Cases C-402/05P and C-415/05
P Kadi and Al-Barakaat) affirms the autonomy of the EU legal order.
Discuss and critically evaluate the above statement.
END OF PAPER
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OCTOBER 2021
LWM56D

LLM EXAMINATION
MEDICAL LAW AND ETHICS
Module D: Legal and ethical issues in reproduction
1. ‘The current regulation of embryo research has failed to keep pace with
scientific developments and should be reformed.’
Critically discuss, considering the arguments for and against legal reform.
2. ‘The current law relating to surrogacy only works because judges have acted
creatively to avoid disastrous outcomes for children.’
Critically discuss.
END OF PAPER
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OCTOBER 2021
LWM57D

LLM EXAMINATION
INTERNATIONAL MERGER CONTROL
Module D: Unilateral, bilateral and multilateral merger control strategies
1. ‘Bilateral cooperation has helped make the regulation of cross-border mergers

both more efficient and more effective.’
Discuss.
2. ‘Without the International Competition Network (ICN), there would have been
extremely limited convergence and harmonisation in the area of merger control.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM60D

LLM EXAMINATION
INTERNATIONAL REFUGEE LAW
Module D: Contemporary issues in refugee law
1. Critically discuss the main weaknesses of the protection granted by current

international law to Internally Displaced Persons.
2. Does current international law adequately protect the particular problems that
women refugee applicants face? Explain why (not).
END OF PAPER
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OCTOBER 2021
LWM61D

LLM EXAMINATION
UNITED NATIONS PROTECTION OF HUMAN RIGHTS
Module D: Selected United Nations human rights bodies and specialised

agencies
1. The vision of social justice has been the main driving force for the work of the
International Labour Organization in the past 100 years. Discuss the tripartite
structure of the organization, its monumental drafting of labour standards and
conventions, and the network of monitoring mechanisms in achieving the social
justice and workers’ rights globally.
2. Identify and discuss the motives and reasoning for establishing the United Nations
High Commissioner for Human Rights and the office of the United Nations High
Commissioner for Human Rights. Has the work of the United Nations High
Commissioner for Human Rights met expectations of the Vienna Conference on
Human Rights held in 1993?
END OF PAPER
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OCTOBER 2021
LWM63D

LLM EXAMINATION
INTELLECTUAL PROPERTY AND SPORT
Module D: Special topics in sports
1. ‘Broadcasting rights are bought and sold. Yet they are imaginary.’
Discuss critically.
2. ‘There are two markets for tickets for major events. It is important to maintain
them.’
END OF PAPER
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OCTOBER 2021
LWM64D

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE BANK REGULATION
Module D: United Kingdom bank regulation law
1. ‘One important and long overdue change to bank supervision and regulation in the
United Kingdom since the Financial Crisis of 2007-08 has been a greater
emphasis on the responsibility of senior managers.’
Discuss.
2. ‘The problem which the United Kingdom, like other jurisdictions, has had to face
is that bank regulation cannot keep up with the speed of change in the financial
markets. This explains why the tendency has been to look backwards to the last
crisis when changing regulation.’
Discuss.
END OF PAPER
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OCTOBER 2021
UNIVERSITY OF LONDON LWM66D

LLM EXAMINATION
LAW OF INTERNATIONAL FINANCE: SYNDICATED LOANS
Module D: Syndicate management and loan transfer
1. Discuss the reasons for including in a syndicated loan terms designed to allow
management of the syndicate, and what issues need to be considered when
drafting these terms.
2. ‘[T]he existing authorities establish that an attempted assignment of contractual

rights in breach of a contractual prohibition is ineffective to transfer such
contractual rights. I regard the law as being satisfactorily settled in that sense. If
the law were otherwise, it would defeat the legitimate commercial reason for
inserting the contractual prohibition viz. to ensure that the original parties to the
contract are not brought into direct contractual relations with third parties.’
(Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd, Lord Browne-
Wilkinson.)
Discuss in relation to syndicated loans.
END OF PAPER
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OCTOBER 2021
LWM67D

LLM EXAMINATION
PRIVATE INTERNATIONAL LAW IN INTERNATIONAL COMMERCIAL

LITIGATION
Module D: Recognition and enforcement of judgments in private international

law
1. ‘There are more advantages to derivative theories of enforcing foreign judgments

than the alternatives.’
Critically discuss the statement.
2. The grounds upon which a court can refuse to recognise a judgment under the
Brussels (Recast) Regulation (EU) No 2015/2012 are incredibly narrow as
demonstrated by C-681/13 Diago Brands, EU:C:2015:471.
Critically discuss the statement.
END OF PAPER
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OCTOBER 2021
LWM69D

LLM EXAMINATION
PRIVATE LAW ASPECTS OF THE LAW OF FINANCE
Module D: Suitable conduct and unconscionable conduct in financial

transactions
1. ‘The English law dealing with unfair and unconscionable transactions of all sorts
is unsuited to modern financial markets. Too often it is financial institutions which
escape with their unscrupulous conduct at the expense of their customers due to
the antiquated nature of these principles.’
Discuss.
2. ‘Financial regulation deals more effectively with unfair practices by financial

institutions than the general law.’
Discuss.
END OF PAPER
UL21/1028 Page 60 of 75
OCTOBER 2021
LWM70D

LLM EXAMINATION
INTERNATIONAL COMMERCIAL INSURANCE LAW
Module D: Conflict of laws in insurance
1. In consideration of the Brussels Regulation Recast, European Parliament and

Council Regulation 1215/2012 and other relevant Directives - what complexities
may arise in relation to the court’s jurisdictions where an injured third party brings
a claim, instead of against the assured who caused the injury, against the
assured’s insurer directly? Separate the claims under compulsory liability
insurance required by motor vehicle users and other types of insurance.
2. How do you identify the courts’ jurisdictions in a reinsurance dispute under the
Brussels Regulation Recast, European Parliament and Council Regulation
1215/2012? If there are two sets of proceedings ‘involving the same cause of
action and between the same parties’ how will the jurisdictions of the courts be
determined?
END OF PAPER
UL21/1028 Page 61 of 75
OCTOBER 2021
LWM71D

LLM EXAMINATION
SECURITIES LAW
Module D: The Listing Rules and the Model Code
1. ‘The Listing Principles provide an important system for interpreting the Listing
Rules. Otherwise, the Listing Rules operate solely as a scheme of rigid rules
without any means of adapting to circumstances. Modern financial regulation is
based on flexible principles as well as detailed rules. This combination is
essential.’
Discuss.
2. ‘Corporate governance principles are central to the operation of the Listing Rules.
Investment in companies relies on those companies being well-run in accordance
with the principles of the UK’s corporate governance code.’
Discuss.
END OF PAPER
UL21/1028 Page 62 of 75
OCTOBER 2021
LWM72D

LLM EXAMINATION
COMMERCIAL BANKING LAW: BANK–CUSTOMER RELATIONSHIP
Module D: Cheques and payment cards

(formerly known as Electronic fund transfer and payment cards)
1. Explain and discuss the networks of legal relationships that support payment by
payment cards (including credit cards).
2. ‘In relation to cheques, it is clear that without defences for paying and collecting
banks the business of banking would be rendered impossible. At the same time,
it is important that the protections given to banks are restricted to what is
appropriate.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM74D

LLM EXAMINATION
INTERNATIONAL NATURAL RESOURCES LAW
Module D: Energy law in Europe
1. ‘Foreign investors and investments are effectively protected under the Energy
Charter Treaty (ECT).’ Critically discuss with reference to case law.
2. To what extent should energy security and the sustainability of energy

generation be recognised in the development of the European Commission’s
Energy Union strategy? Discuss.
END OF PAPER
UL21/1028 Page 64 of 75
OCTOBER 2021
LWM75D

LLM EXAMINATION
DERIVATIVES LAW
Module D: The regulation of derivatives, credit derivatives and securitisation
1. ‘The ISDA derivatives documentation architecture coped very well with the
challenges of the global financial crisis. The ISDA derivatives legal architecture
functions well in practice in general terms. The master agreement, confirmation
and security documents constitute a comprehensive method for regulating
derivatives markets informally.’
Discuss.
2. ‘The scheme for the regulation of derivatives markets which was introduced in the
UK and the EU after 2009 is fundamentally flawed.’
Discuss.
END OF PAPER
UL21/1028 Page 65 of 75
OCTOBER 2021
LWM77D

LLM EXAMINATION
LAW ON INVESTMENT ENTITIES
Module D: Investor protection
1. ‘The ordinary law of contract operates poorly in relation to investment contracts

because the financial institution which drafts the contracts will impose minimal
obligations on itself. However, the creation of conduct of business regulation
introduces an important range of positive duties on financial institutions which they
cannot avoid. These positive duties include duties to act in the “best interests” of
customers and so forth. The law on financial investment contracts is therefore
much improved by FCA regulation.’
Discuss.
2. ‘The law of contract is poor at controlling unconscionable or unfair behaviour.

However, equity and unfair contract terms legislation has reinforced ordinary
contract law in important ways in the context of financial investment contracts.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM78D

LLM EXAMINATION
LAW OF INTERNATIONAL PROJECT FINANCE
Module D: Project finance documentation
1. You represent Metro Bank, which is acting as a lender in a syndicated loan

agreement financing the modernisation of a highway in Tryovia. As part of its
due diligence, Metro Bank is reviewing key project agreements and seeks your
advice on the following:
(i) types of performance milestones the contractor is typically required to

achieve under the construction contract;
(ii) types of warranties typically found in each of the construction contract
and operation and maintenance agreement; and
(iii) issues to which it should pay attention if it decides to take security over
the project company’s contract rights.
2. You represent Proto Bank, which is acting as a lender in a syndicated loan

agreement financing the building of a hydro power plant in eastern Laurania.
The power plant is being built by Pristyn, which has been granted a six-year
licence by the Ministry of Energy of Laurania for the construction and
subsequent operation of the power plant. Advise Proto Bank on the following:
(a) the benefits of step-in arrangements to the lenders and key provisions of
direct agreements with the licensor (the Ministry of Energy) and the
contractor under the construction contract; and
(b) typical assets that comprise security package in a project finance

transaction, such as this one, and key questions Proto Bank should be
asking, as part of its due diligence, in connection with the creation of a
security interest over Pristyn’s key assets and inventory.
END OF PAPER
UL21/1028 Page 67 of 75
OCTOBER 2021
LWM79D

LLM EXAMINATION
LEGISLATION AND STATUTORY INTERPRETATION
Module D: Tests for quality of legislation
1. Discuss if there is a single test for assessing legislative quality?
2. Critically assess the use of the effectiveness test as a means of achieving

legislative quality.
END OF PAPER
UL21/1028 Page 68 of 75
OCTOBER 2021
LWM80D

LLM EXAMINATION
CORPORATE GOVERNANCE AND COMPLIANCE
Module D: Regulated industries – compliance and risk management in the

financial sector
(Previously known as: Regulated industries – the financial sector)
1. Critically discuss the principal offences of insider dealing in the US and defences
thereto.
2. Critically discuss corporate governance and risk management measures that

companies should put in place in order to avoid governance failures that have
contributed to the recent financial crisis.
END OF PAPER
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OCTOBER 2021
LWM81D

LLM EXAMINATION
LAW OF INTERNATIONAL TAXATION
Module D: Transfer pricing
1. ‘Global formulary apportionment is an answer to the problems faced with the arm’s
length valuation method.’
Explain and critically discuss this statement.
2. Largecorp (‘L’) is a company incorporated and resident in Ruritania with wholly

owned subsidiaries around the world including LS in Silvania, LU in Urbania and
LI in Islandia.
L designs, manufactures and sells watches. The watches are designed by L in

Ruritania at a cost of $50m. L transfers the patents and intellectual property rights
in the watches to LI for $1. The watches are manufactured in Silvania by LS at a
cost of $75m. LI holds the patents and the intellectual property for the watches
and for L’s trademarks. LU pays $75m to purchase the watches from LS and they
are marketed by LU in Urbania obtaining $500m revenues after discounting for
marketing costs. LU pays $425m to LI for the use of L’s trademark. LI pays a
dividend to L of $425. Under Ruritanian law this is exempt from taxation.
As a result of these transactions, L in Ruritania has expenses of $50m (less $1)

to set against its profits from elsewhere; and, neither LS nor LU have any profits
which are taxable in Silvania or Urbania respectively. LI has revenues of $450 but
Islandia does not charge tax on royalty payments received by companies.
All the states mentioned are signatories to double tax agreements which follow the
OECD 2017 model.
Advise the fiscal authorities of Ruritania, Silvania and Urbania on what actions
could be taken to adjust the profits of L and its subsidiaries in their states.
END OF PAPER
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OCTOBER 2021
LWM82D

LLM EXAMINATION
ADVANCED TORTS
Module D: Tort theory
1. Assess the advantages and disadvantages of a pluralist approach to theorising

about tort law.
2. Provide a general critique of rights-based theories of tort law.
END OF PAPER
UL21/1028 Page 71 of 75
OCTOBER 2021
LWM83D

LLM EXAMINATION
ADVANCED CONTRACT LAW
Module D: Insurance
1. ‘The rationale for requiring an insurable interest arises from this basic insurance
concept of protecting the insured: if the insured-against event occurs and there is
no loss to the insured due to the lack of “connection”, the purpose of obtaining
insurance was therefore never legitimate – or even presumed to have been
fraudulent in some cases – and the insured party is deemed to have never had an
insurable interest.’
Douds, G. ‘Insurable interest in English marine insurance law: do we still need it’
(2012) 25(2) University of San Francisco Maritime Law Journal 323.
Critically discuss this statement citing case law.
2. ANSWER BOTH PARTS OF THE QUESTION
i. Janet went to Sri Lanka on holiday and was given some gems by a gem
merchant to smuggle to England. Janet knew that the gem merchant had not paid
the export duty to the Sri Lankan government. Janet carried the gem stones in her
hand bag. At Dubai airport she had a long wait for the connecting plane and fell
asleep. While she was asleep, a thief stole the gems. Janet discovered the theft
on her arrival in England. She has now made a claim under her holiday insurance
policy issued by Rest Easy Insurance Ltd.
Advise Rest Easy Insurance Ltd. which has discovered that Janet was aware that
export duty had not been paid.
ii. Gina has obtained holiday insurance from Medical Insurance Ltd. In completing
the online proposal form she ticked the box which indicated that she had diabetes,
but did not tick the box for high blood pressure, although she did suffer from it.
UL21/1028 Page 72 of 75
OCTOBER 2021
When she was on holiday in India, she suffered a stroke owing to high blood
pressure. She had to spend a month in a private hospital.
She is now claiming her medical expenses on her holiday insurance.
Advise Medical Insurance Ltd.
END OF PAPER
UL21/1028 Page 73 of 75
OCTOBER 2021
LWM84D

LLM EXAMINATION
MARITIME DISPUTE SETTLEMENT
Module D: Dispute settlement in certain areas of the law of the sea
1. Analyse and critically discuss the importance of the reasoning of the International
Tribunal for the Law of the Sea in the Dispute Concerning Delimitation of the
Maritime Boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean.
2. ‘Existing case-law of international courts and tribunals emphasises the need for a
balanced reconciliation between flexibility and predictability in the law relating to
maritime delimitation.’ Do you agree? Substantiate your answer with relevant
case-law.
END OF PAPER
UL21/1028 Page 74 of 75
OCTOBER 2021
LWM85D

LLM EXAMINATION
FINTECH: LAW AND REGULATION
Module D: RegTech, SupTech and LegalTech
1. ‘A regulatory sandbox in and of itself signals a regulator’s openness to support

innovation; however, this signalling effect is probably less credible for regulators
with little experience in a given service area, as these regulators have little insight
into the risks they enable by adopting a sandbox.’
Discuss.
2. ‘While many of the drivers and barriers to the adoption of disruptive technologies
in the legal and financial services sectors overlap, the role of the regulator has
been very different and, arguably, has contributed to a wider adoption of FinTech
than Legal Tech.’
Discuss.
END OF PAPER
UL21/1028 Page 75 of 75

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OCTOBER 2021

Module D Questions for ALL SYLLABUSES

Monday 11 October 2021

Candidates should answer all parts of a question unless otherwise stated.

The index of papers starts on page 2.

DO NOT COMBINE YOUR ANSWERS FOR DIFFERENT EXAMINATIONS INTO A

© University of London 2021

Index of papers Page

LWM01D Assistance at sea and in ports 4

Index continues on next page

LWM52D Comparative youth justice law 49

POSTGRADUATE CERTIFICATE IN LAWS

Module D: Assistance at sea and in ports

Candidates should answer ONE of the following TWO questions.

Advise the owners of the ships involved.

QUESTION 2 IS ON NEXT PAGE

POSTGRADUATE CERTIFICATE IN LAWS

APPLICABLE LAWS AND PROCEDURES IN INTERNATIONAL COMMERCIAL

Module D: Arbitration award – form, content, challenge and enforcement

Candidates are permitted to refer to the Primary Materials 2021.

Candidates should answer ONE of the following TWO questions.

1. Discuss whether an award can be challenged in the following circumstances:

a) A tribunal awards an amount in compensation for something not claimed by

2. Critically assess whether there would be grounds to refuse enforcement of an

POSTGRADUATE CERTIFICATE IN LAWS

CARRIAGE OF GOODS BY SEA

Module D: International conventions regulating the rights and obligations of the

Candidates should answer ONE of the following TWO questions.

QUESTION 2 CONTINUES ON NEXT PAGE

Explain the prospects of success of each potential cargo claim.

POSTGRADUATE CERTIFICATE IN LAWS

COMMERCIAL TRUSTS LAW

Module D: Investment of trust funds

Candidates should answer ONE of the following TWO questions.

POSTGRADUATE CERTIFICATE IN LAWS

COMPARATIVE CRIMINAL JUSTICE POLICY

Module D: Global crime

Candidates should answer ONE of the following TWO questions.

1. ‘The term “terrorism” has no settled meaning.’ (Maggs, 2009)

POSTGRADUATE CERTIFICATE IN LAWS

CONSTITUTIONAL AND INSTITUTIONAL LAW OF THE EUROPEAN UNION

Module D: General principles of European Union law

Candidates should answer ONE of the following TWO questions.

2. The words ‘suitable’ and ‘necessary’ are seen by experts as crucial to

POSTGRADUATE CERTIFICATE IN LAWS

CORPORATE FINANCE AND MANAGEMENT ISSUES IN COMPANY LAW

Module D: Corporate management II

Candidates should answer ONE of the following TWO questions.

POSTGRADUATE CERTIFICATE IN LAWS

EQUITY AND TRUSTS IN CONTEXT

Module D: Trusts of homes

Candidates should answer ONE of the following TWO questions.

POSTGRADUATE CERTIFICATE IN LAWS

EUROPEAN UNION COMPETITION LAW

Module D: European Union competition law practice and procedure

Candidates should answer ONE of the following TWO questions.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Module D: European Convention on Human Rights substantive rights (2)

Candidates should answer ONE of the following TWO questions.