|04252018||Faculty of Law|
|Minimum duration of study: 2 years||Total credits: 200||NQF level: 09|
|Adv LJ Gerber|
Closing date for applications: SA applicants – 30 November; non-SA applicants – 31 August.
A limited number of approximately between 10 and 20 students are selected per year according to the general selection guidelines.
In addition to the general admission requirements, the following specific selection criteria are used in combination to select the eligible students:
The LLM (Extractive Industry Law in Africa) is presented in alternate years.
Also refer to the Postgraduate Brochure for the complete study programme as well as the Postgraduate administrative processes after registration.
The curriculum will generally consist of:
In the event of having failed all modules during a particular year of study, a student will only be allowed to continue with his/her studies with the consent of the Postgraduate Committee.
Although no supplementary examination will be granted with regard to LLM and MPhil modules, the General Regulations and rules apply with regard to special and ancillary examinations.
The relevant head of department must recommend a supervisor and title for a mini-dissertation and these must be approved by the Postgraduate Committee. The mini-dissertation must be assessed and finalised as set out in the Faculty Board-approved LLM/MPhil Policy Document of the Faculty.
Mini-dissertations, where required, must be submitted in the format determined by the supervisor and approved by the Postgraduate Committee. The supervisor may likewise, subject to the approval of the Postgraduate Committee, also determine the research topic and the scope of the proposed research. (Refer to the Faculty of Law regulations regarding mini-dissertations and also Postgraduate administrative processes brochure for the Faculty)
For the degree to be awarded with distinction a student must obtain an average of at least 75% for all the coursework modules, as well as a minimum of 75% for the mini-dissertation. The modules must have been written for the first time.
Period of registration
The duration of the programme will in general be four semesters (2 years) but may be completed within two semesters (1 year) where possible, subject to fulfilment of all the requirements for the degree and payment of the full amount prescribed for the LLM degree. Programmes may also be structured to allow for one year of study only. The one- or two-year period may only be extended by the Postgraduate Committee on recommendation of the relevant head of department based on good reason shown and if it is clear that the student will be able to complete the programme in a further year of study.
Language of tuition
The official language of tuition is English. However, should circumstances allow it, an LLM module may be presented in Afrikaans. The dean, in consultation with the relevant head of department, determines the language of tuition.
Limiting of modules on offer in a particular academic year and availability to foreign students
The dean determines which modules will be presented each year, taking into consideration the availability of lecturing personnel, space and financial implications and/or other circumstances. The dean may, on recommendation of the relevant head of department, determine the maximum number of registrations for a specific elective module in terms of the prescribed guidelines. The dean may also, on recommendation of the relevant head of department, determine that a particular LLM module will not be offered where on the first day of lectures four or fewer students are registered for such module.
Re-registration for modules
A student may not register more than twice for the same module. In order to pass a module the student must obtain a final mark of 50%.
Minimum credits: 100
The objective of this module is to equip students with a thorough understanding of the legal and policy aspects of natural resources and the regulation of natural resources and industries to extract natural resources. Topics include:(a) Industry background such as the extractive industry value chain and the role of extractive industries in national, regional and global economies, basic extractive industry business and project feasibility metrics, typical national public policy priorities, the differences between the mining and oil and gas industries, gas industry specifics, the various downstream industries (smelters, refineries and petrochemical and energy industries and policy issues pertaining to renewable energy and unconventional extraction methods such as hydraulic fracturing ("fracking"); (b) Natural resource and extractive industry policy concepts and regulatory options; (c) Ownership of mineral rights dispensations (state versus private ownership of mineral rights), the legal position of the owner of the land and the owner of the products of extraction; (d) The advantages and disadvantages of the main granting methodologies applied by host governments including concessions, production sharing agreements, participation agreements, services agreements and hybrid methods; (e) Typical conditions to obtain, renew or transfer exploration or extraction rights and the veracity of the public policy basis of such requirements; (f) Agreements and transactions to transfer rights to prospect and/or to extract; (g) Constitutional and administrative law aspects of relevance in dealing with extractive industry legislation and regulation including the legality of administrative processes governed by an Act such as the MPRD Act and related regulation, the right of third parties to be heard in applications by resource companies under the MPRD Act and the constitutionality of the conversion of "old order mineral rights" to "new order mineral rights".
The objective of this module is to equip students with a thorough understanding of the sustainability aspects of extractive industries. Topics include: (a) A general introduction to sustainability, sustainable development, corporate social responsibility, good governance as it pertains to governments and good corporate governance; (b) International, regional and national instruments related to sustainability aspects of extractive industries such as the protection of human rights, forced labour, inappropriate security practices, "conflict minerals" and "blood diamonds" (including the Kimberley Process Certification Scheme and the US Dodd-Frank Act and SEC disclosure requirements); the Extractive Industry Transparency Initiative (EITI) and the UN Global Compact; [US Dodd-Frank Act; (c) Safety, health and environmental (SHE) aspects of extractive industries including emerging issues such as climate change and personal criminal liability of directors and officers for SHE contraventions; (d) Corporate governance and company law developments of relevance to sustainability including the King 3 Code and similar Codes internationally, Responsible Investment Codes, the role of Social and Ethics Committees as required by the Companies Act 2008, sustainability indexes of the stock exchanges such as the JSE SRI Index and the Dow Jones Sustainability Index, public reporting on sustainability and international reporting guidelines such as the Global Reporting Initiative
The objective of this module is to equip students with a thorough understanding of conceptual and practical aspects of the South African Mineral and Resources Development Act and related jurisprudence.
The objective of this module is to equip students with a thorough understanding of the international law aspects of extractive industries. Topics include: (a)Sovereignty in respect of legal regimes and laws governing extractive industries including the act of state doctrine, the doctrine of sovereign immunity and waivers of immunity and compensation for expropriation;(b) An overview of the most relevant treaties and conventions of relevance to extractive industries including the Convention on the Continental Shelf, the OILPOL convention, the UN Convention on Contracts for the International Sale of Goods, the UN Conventions of the Law of the Sea, the New York Convention, the Convention on the Settlement on Investment Disputes between States and Nationals of Other States, the Energy Charter Treaty to protect international energy investment and trade; international environmental law treaties and conventions and the Guiding Principles on Business and Human Rights. (c) Relevant aspects pertaining to the World Trade Organisation including extractive industry subsidies, environmental labelling and confiscatory taxation; (d) Direct and indirect forms of resource nationalisation and investment treaties to protect natural resource investors; (e) The legal status of offshore petroleum and mining installations and vessels including production platforms, floating production, storage and offloading (FPSOs) vessels and subsea pipelines as well as state jurisdiction in respect of such installations. (f) International dispute resolution mechanisms including enforcement of arbitration awards.
(a) Planning and organising a research project
(b) Drafting a research proposal: Hypotheses and research question
(c) Theory in research and methodological approaches to legal research
(e) Citation and ethics of citation
(f) Drafting of chapters and presentation
Minimum credits: 100
(a) The student must submit a research proposal during his/her first year of registration for the LLM degree to the supervisor prior to commencing with the writing of the mini-dissertation.
(b) A mini-dissertation (MND 800) of 13 000 to 15 000 words inclusive of footnotes but excluding the list of contents and the bibliography, is required. The mini-dissertation must be submitted to the supervisor not later than August of the second year of registration for the LLM programme. The mini-dissertation must deal with the subject content of one of the modules or a combination of the modules registered for by the student for his/her LLM degree. Any request for an extension of the period for submission of the mini-dissertation may only be granted by the Dean on recommendation of the LLM Committee
Development and presentation of a research proposal. (A research proposal must be submitted to the supervisor and accepted in the first semester of the second year of study before the student will be allowed to register for the mini-dissertation.)
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