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LLM Curriculum

Chinese Law and Investments in Africa

CML5687S

Course Co-ordinator:

Professor S Mancuso

Prerequisites:

See Rules for LLM and MPhil Degrees and Postgraduate Diplomas.

Course outline:

This course is designed to familiarise those not trained in the common law system with various aspects of:

• Historical overview of Chinese law and institutions; Chinese law in the early XX century (1912 - 1948); Mainland China and Taiwan

• The People's Republic of China, its political and institutional organisation

• Chinese institutional complexity; the two SARs of Hong Kong and Macau

• Chinese Socialist law: the early years of the RPC, the cultural revolution, the reforms started in 1987

• Chinese judiciary; law and politics

• Law in nowadays China: rule of men, rule by law, rule of law, socialist rule of law, rule of law with Chinese characteristic; Chinese law and the economy; contracts, property, antitrust, banking and insurance

• Conflict of laws

• Litigation and ADR in China

• Chinese investments in Africa; political approach and orientations for Chinese investments in Africa;

• the economic approach: the Chinese model of cooperation toward Africa vs the Western one; the legal aspects of Chinese investments in Africa and China-Africa legal cooperation

DP requirements:

None.

Assessment:

Class presentation : 10%

Assignment/research paper: 30%

Examination: 60%

The presentation will be on the chosen or given assignment/research paper.