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Module Code - Title:

LA6232 - COUNTER-TERRORISM LAW AND INTERNATIONAL BUSINESS

Year Last Offered:

2024/5

Hours Per Week:

Lecture

2

Lab

0

Tutorial

0

Other

0

Private

8

Credits

6

Grading Type:

Prerequisite Modules:

Rationale and Purpose of the Module:

The aim of this module is to expose students to a comprehensive understanding of the global responses to terrorism as it impacts upon the legal environment in which international business takes place.

Syllabus:

This course will introduce students to the legal constraints on the operation of international business prior to the events of 9/11. Elements of UK counter-terrorism laws with respect to Northern Ireland, the use of customs and excise agencies and covert surveillance of business entities will be examined, including the wider European context of human rights issues. The course will then look at the impact of 9/11, the London and Madrid bombings and the response of both the EU and the US in creating a legislative arsenal designed to disrupt and destroy a common terrorist threat. The course will focus on three of the most important areas governed by this new legal environment. First, the increased monitoring of financial transactions both domestic and international. It will examine the role and legal responsibility of various financial institutions in monitoring and reporting suspicious activities surrounding the movement of money and financial assets. It will look at the legal controls on the right to move money across borders and the powers of confiscation based on suspicion versus proof. It will look at various laws that seek to prevent money laundering through international business transactions. It will cover the serious consequences, including both financial and custodial sanctions for breaches of these responsibilities. Second, the course will deal with the rapidly expanding surveillance of communications traffic and the collection and interrogation of information held by private individuals and corporations. It will contrast the competing legal obligations of privacy and security. It will examine differing approaches from both EU and US authorities as to the nature and scope of privacy rights and the obligations of private enterprise service providers such as mobile phone operators to retain and supply records belonging to third parties. Third it will examine the regulation of bribery and corruption in international business transactions, the theoretical issues involved as to whether those bribery and corruption is best dealt with on the supply or the demand side and the cultural differences as to the definition of bribery and corruption. It will explore the increasing link between bribery and corruption and international terrorism. It will introduce the role of sanctions in such actions and the effectiveness of implementing them. Finally the course will examine the role of EU and US enforcement agencies in the implementation of counter-terror law in a commercial context, the consequences for business people and the implications for private enterprise.

Learning Outcomes:

Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)

On successful completion of this module, students will be able to:demonstrate that they can identify the changing effect of counter-terror law in international business; demonstrate that they can explain the legal basis of different global and regional counter terror enforcement agencies; demonstrate an ability to critically analyse the international monitoring and surveillance of international financial transactions and the locus of responsibility for such activities; demonstrate they can critique the intersection between counter-terrorism demands for information retention and retrieval with privacy rights based on international conventions; demonstrate that they can discuss the role of bribery and corruption in international business, its legal constraints and the impact of terrorism on the importance of such regulation, including theoretical supply/demand models; demonstrate that they can relate the significance of counter-terror laws to the overall legal regulation of international commercial law.

Affective (Attitudes and Values)

On successful completion of this module, students will be able to:demonstrate an understanding of the role of post 9/11 counter-terrorism laws in modern international business activities; demonstrate an understanding of how the responsibility for counter-terrorism laws impact upon both individuals trading internationally and those who deal with them; demonstrate an appreciation of the the need for clarity and transparency in counter terrorism laws in a commercial setting.

Psychomotor (Physical Skills)

On successful completion of this module, students will be able to: N/A

How the Module will be Taught and what will be the Learning Experiences of the Students:

The module is taught through blended learning predominantly online with a number of face to face seminars. Student will be assigned reading material, and will be expected to conduct independent research, prior to each seminar, where they will be required to discuss the relevant issues. The University of Limerick Graduate Attributes will be developed by: Broadening students' knowledge and proactivity through encouraging independent and directed research Emphasising student's responsibility to organise their time in an efficient manner and to work to specific deadlines Enhancing students' creativity in how they approach independent research. Promoting collaborative research by the students and requiring students to articulate their research findings in a group setting.

Research Findings Incorporated in to the Syllabus (If Relevant):

Prime Texts:

de Frias, S; Samuel, K et al (2012) Counter-Terrorism: International Law and Practice , , Oxford University Press
Sambei, A., du Plessis, A et al (2009) Counter-Terrorism Law and Practice: An International Handbook , (2009) Counter-Terrorism Law and Practice: An International Handbook , Oxford University Press

Other Relevant Texts:

Booth, R, Farrell, S et al (2011) Money Laundering Law and Regulation: A Practical Guide , Oxford University Press
Harrison, K and Ryder, N (2013) The Law Relating to Financial Crime in the United Kingdom , Ashgate , Ashgate
Kuner, C (2013) (2013) Transborder Data Flows and Data Privacy Law , Oxford University Press
Bygrave, L (2014) (2014) Data Privacy Law: An International Perspective , Oxford University Press

Programme(s) in which this Module is Offered:

MLLAGETFA - (GENERAL)

Semester(s) Module is Offered:

Spring

Module Leader:

Raymond.Friel@ul.ie