MICHAEL

UNIVERSITY

Doctor of Philosophy (PhD) in International Law

The requirement is that you must have an LL.M. to do this course.

The PhD in International Law is an internationally recognized postgraduate law degree.

This program may be completed in as little as one year or a maximum of five years. Law

students and professionals frequently pursue the PhD to gain expertise in a specialized

field of law, for example in the area of educational law or international environmental

law. Many law firms prefer job candidates with an PhD degree because it indicates that a

lawyer has acquired advanced, specialized legal training, and is qualified to work in a

multinational legal environment.

Michael University’s PhD in International Law Program

promotes transnational law knowledge and economic

development, and prepares its International Law students for

global interaction and their professional roles in the

internationalized economy. Michael University offers six

areas of specialization for the PhD in International Law.

Each course is divided into four sections to be studied in the

order listed. There is a separate 45-minute written

examination at the end of each section. There are no oral

exams and no dissertations.

Note: Under certain circumstances you will have the

opportunity to make a second attempt at an exam for a

section.

School Law and the Public

Schools: A Practical Guide

for Educational Leaders by

Nathan Essex

Courses offered:

PhD in International Law in the specialization: Commercial

Trusts Law

Section A:

The nature of commercial trusts

ICC 6111

Equity, trusts and commercial expectations

ICC 6112

The contractarian account of trusts

ICC 6113

Unit trusts and other financial uses of trusts

ICC 6114

The constitution of express trusts in commercial transactions

Section B:

Equitable devices used to take security in

commercial contracts

ICC 6125

Taking security in loan contracts

ICC 6126

Equitable charges

ICC 6127

Establishing title at common law and in equity

ICC 6128

Collateralization in financial transactions

Section C:

The recovery of property in commercial litigation

ICC 6211

Breach of trust in commercial and investment transactions

ICC 6212

Recovery of property in relation to terminated transactions

ICC 6213

Personal liability to account of commercial intermediaries

ICC 6214

Case study: the local authority swaps cases

Section D:

Investment of trust funds

ICC 6225

The duty to invest under statute

ICC 6226

The duty to invest in the case law

ICC 6227

Principles of the law of finance

ICC 6228

Issues with portfolio investment strategies

The Law of Higher Education:

Student Version by William A.

Kaplin

PhD in International Law in the specialization: International and

Comparative Competitive Law

Section A:

The internationalization of competition policy

ICC 6111

Globalization and actors in the process of internationalization

ICC 6112

Organization for Economic Cooperation and Development (OECD)

ICC 6113

World Trade Organization (WTO)

ICC 6114

United Nations Conference on Trade and Development (UNCTAD)

ICC 6115

Multinational enterprises (MNEs)

ICC 6116

International Competition Network (ICN)

Section B:

Unilateral, bilateral and multilateral strategies

ICC 6122

Extraterritoriality and principles of public international law

ICC 6123

United States antitrust law

ICC 6124

European Community competition law

ICC 6125

Bilateral cooperation and agreements

ICC 6127

Multilateral cooperation: A global competition regime?

Section C:

The competition rules of developing and developed

countries

ICC 6211

United States antitrust law

ICC 6212

European Community competition law

ICC 6213

Competition rules in Member States of the European Union

ICC 6214

Japanese anti-monopoly law

ICC 6215

Canadian competition law

ICC 6216

Competition law and policy in developing countries: Asia, Africa

and the Middle East

Section D: Competition and trade policy

ICC

6221

Aims and objectives

ICC

6222

Similarities and differences

ICC

6223

World Trade Organization

Emerging Principles of

International Competition

Law (International

Economic Law Series)

PhD in International Law in the specialization: Corporate

Finance and Management Issues in Company Law

(Students are advised that the subject demands some previous knowledge of

English law in general, and especially of the English law of contract and

agency, and of trusts.)

Section A:

Capital I

CFM 6111

Introduction

CFM 6112

Capital

CFM 6113

Class rights

Section B:

Capital II

CFM 6121

Raising capital: Shares

CFM 6122

Raising capital: Debentures

Section C:

Corporate Management I

CFM 6211

The management of the company

CFM 6212

Directors' duties

CFM 6213

Liquidation (in outline only)

Section D:

Corporate Management II

CFM 6221

Management theory

MIC 6103

Corporate governance

Wrightslaw: Special

Education Law, 2nd Edition

Peter W. D. Wright and

Pamela Darr Wright

PhD in International Law in the specialization: International

Environmental Law

Section A: General aspects of international environmental law 1

IEL 6111 Introduction to International Environmental Law

IEL 6112 Development and sources of international environmental law

IEL 6113 Jurisdictional and institutional aspects of environmental governance

IEL 6114 General principles of international environmental law

IEL 6115 Sustainable development

Section B: General aspects of international environmental law 2

IEL 6121 State responsibility for environmental damage

IEL 6122 Civil liability regimes

IEL 6123 Environmental dispute resolution

IEL 6124 Human right and the environment

Section C: Particular subjects of international environmental law 1

IEL 6211 Protection of the marine environment

IEL 6212 General principles of conservation and biological diversity

IEL 6213 Management of hazardous substances and wastes

IEL 6214 Climate change protection

IEL 6215 Protection of the ozone layer

Section D: Particular subjects of international environmental law 2

IEL 6221 Trade and environment

IEL 6222 Financial resources, technology and intellectual property

IEL 6223 War and armed conflict in relation to the environment

IEL 6224 Nuclear energy and the environment

IEL 6225 Freshwater resources

IEL 6226 Transboundary air pollution

IEL 6227 Polar regions

PhD in International Law in the specialization: Equity and Trusts

in Context

Section A:

The constitution of express trusts

ETC 6111

The intellectual basis of equity and the history of the law of

trusts

ETC 6112

The foundations of express trusts

ETC 6113

The constitution of express trusts

ETC 6114

The obligations of trustees

Section B:

Trusts implied by law

ETC 6121

Resulting trusts

ETC 6122

Constructive trusts I

ETC 6123

Constructive trusts II

ETC 6124

Constructive trusts III

Section C:

Breach of trust and equitable remedies

ETC 6211

Trustees’ liability for breach of trust

ETC 6212

Tracing

ETC 6213

Personal liability to account as a constructive trustee

ETC 6214

Equitable remedies

Section D:

Trusts of land and of the home

ETC 6221

Establishing rights in the home

ETC 6222

Commonwealth approaches to establishing rights in the

home

ETC 6223

Trusts of land

ETC 6224

Remedial approaches to the acquisition of rights in the

home

PhD in International Law in the specialization: Labor Relations

and Employment Law

Perspectives on Labor and Employment Law: From Theory to Practice

[6 credits]

This course examines theoretical approaches that have played a significant role in the

development of Canadian labor and employment law, and also looks at the contribution

that empirical and comparative research methodologies have made to the study of this

area of law. Selected writings by labor law scholars, in Canada and elsewhere, will be

reviewed from both a theoretical and a methodological perspective.

The Individual Employment Relationship [6 credits]

New patterns for the utilization and control of productive labor have prompted debate

over the effectiveness of existing mechanisms for the regulation of workplace

relationships. The course focuses on common law and statutory regulation of the terms

and conditions in employment relationships not covered by collective bargaining, with

emphasis on the impact of recent economic, judicial and statutory developments for the

continued relevance of these standards in the modern context. It includes an historical

survey of their development and an overview of the basic protections offered to workers

in Ontario and other Canadian jurisdictions in areas such as hours of work, vacation,

maternity and parental leave, and notice of termination. The interaction of individual

employment law with collective agreements and employment standards legislation will

also be considered. Finally, the course addresses the continuing development of

employment standards legislation in the face of the global economy and new working

arrangements, such as telecommuting and contract work. Students will consider

whether these changes call for the raising of existing standards or for more flexibility for

employers. This includes a reconsideration of the effectiveness and appropriateness of

focusing on employment as the foundational concept for the operation of existing

schemes of regulation.

The Charter and Human Rights in Labor Law [6 credits]

The workplace has been a significant source of legal developments in respect of both

statutory human rights legislation and the constitutionally entrenched Canadian Charter

of Rights and Freedoms. This course will examine, in the employment context, the

nature of prohibited discrimination and statutory defenses, the duty to accommodate,

and remedies under human rights statutes, as well as the processes for dealing with such

issues. In particular, the respective roles of the human rights administrative process and

collective agreement arbitration will be assessed. In respect of the Charter, the role of

administrative tribunals as well as courts in dealing with Charter claims will be

considered. The substantive focus will be the impact of s. 15 (equality), s. 2(d) freedom

of association, and s. 2(b) (freedom of expression) on labor law.

Labor and Employment Law in the New Economy [6 credits]

The ‘new economy’ is defined by globalization, by technological change and by

neoliberal policies which envisage a more limited role for the state in the labor market

and elsewhere. These forces - individually and in combination - challenge many of the

assumptions on which collective bargaining and protective labor legislation have

traditionally been grounded. This course explores both the resulting stresses in existing

regimes of labor law and attempts to create new regimes, especially those with

international and transnational dimensions.

Industrial Conflict: Common Law and Labor Board Remedies [6 credits]

In the regulation of strikes, lockouts and picketing, the common law often comes to the

surface and fits uneasily with the statutory labor relations regime, both substantively

and in terms of remedies. The following are among the topics that may be dealt with in

this course: the common law industrial torts and their new life after Pepsi-Cola; the

right to strike at common law and its continued relevance to workers not covered by

labor relations legislation; issues arising from the growing use of partial strike tactics;

the impact (if any) of the Charter rights of freedom of association and expression on

strikes and picketing, including political strikes; the interface between court and labor

board jurisdiction, substantively and in terms of available remedies, and the appropriate

extent of court deference to legislative and board regulation in the Charter era; recent

jurisprudence on the legal capacity of unions and its implications for the regulation of

industrial conflict; the extent of the employer's right to use replacement workers; and

the extent of the job rights of returning strikers. High union density in the public and

Para public sectors, and growing governmental concern for fiscal restraint, make it

necessary to consider the treatment of strikes and lockouts in essential services and the

justification for imposing dispute resolution procedures that do not involve work

stoppages.

Labor and Pension Law in Restructuring the Insolvent Enterprise [6

credits]

Labor and pension law are remedial regulatory regimes designed to protect employees

in their relations with their employers. Once it becomes insolvent however, that

employer loses much of its control over the enterprise to creditors. This course

addresses the consequences of an employer’s insolvency for the labor and pension rights

of employees. In particular, the course will concentrate on the effects on these rights of

the choice of restructuring, rather than liquidation, as the means to deal with

insolvency.

Comparative Labor Law: The Wagner Model [6 credits]

The Canadian labor law model has long been linked legislatively and philosophically

with the American Wagner Act model. Yet, for all the similarities between the two

models, there are significant differences too. Some of these differences flow direct from

variations in statutory language and constitutional divisions of power, while others are

the result of different trajectories in the case law of the National Labor Relations Board

and the American courts. In debates about labor law reform in both countries over the

years, reference has often been made to the perceived benefits and flaws of the other

system. This course will introduce the student to the key aspects of the American labor

law model, including its historical development and key moments in case law and

legislative reform, as well as the theoretical and philosophical debates that have shaped

the model over time and at present.

Dissertation [100 credits]

A Dissertation of approximately 70 pages may be completed on an approved topic in

Labor Relations and Employment law, provided appropriate supervision is available.

The dissertation should go beyond merely describing legal developments to include

independent critical analysis of its subject matter. It should be work of publishable

quality. You will be required, at a minimum, to submit to your supervisor an outline and

bibliography for approval before writing your paper. The final paper is marked on a

pass/fail basis.

The Dissertation Journey: A Practical and Comprehensive Guide to

Planning, Writing, and Defending Your Dissertation (Updated)

How to Finish and Defend Your Dissertation: Strategies to Complete the

Professional Practice Doctorate

Research Design: Qualitative,

Quantitative and Mixed Methods Approaches

PhD in International Law in the specializations:

• Commercial Trusts

• International & Comparative

Competitive

• Corporate Finance & Management

Issues in Company Law

• International Environmental

• Equity & Trust in Context

• Labor Relations & Employment Law

• Maritime

• Taxation

• Immigration

• Education

• Constitutional

• International Petroleum

• Criminal

• Human Rights

Additional Recommended Readings:

International Petroleum Law and Transactions

Owen L. Anderson | Jacqueline L. Weaver | John S. Dzienkowski

| John S. Lowe | Keith B. Hall | Frédéric Gilles Sourgens

The Logic of Subchapter K , A Conceptual Guide to

the Taxation of Partnerships (Coursebook)

Laura Cunningham, Noël Cunningham

International Environmental Law

Pierre-Marie Dupuy, Graduate Institute of International Studies, Geneva, Jorge E.

Viñuales, University of Cambridge