This thesis considers the different understandings of what 'law' is and applies this to the specific area of international development law. Two central questions are addressed. Firstly, what is the basis of international development law? Put another way, in what sense can intern…
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The term ‘international antitrust’ is a convenient yet inaccurate means of describing the national rules, bilateral agreements, and multilateral initiatives that attempt to fill the vacuum created by the failure to agree upon international antitrust rules. The ‘stillborn’ Intern…
The general area of this research is shipping law, more specifically the law governing the carriage of goods by sea. The research has been narrowed down to the implications of terms into contracts of affreightment, and then further narrowed down to the concept of deviation. The …
Assisted Reproductive Technology has, in the last 40 years, raised numerous ethical questions. One of these ethical questions has been whether or not children born as a result of Assisted Reproductive Technology treatments may be harmed as a consequence of being brought into exi…
The thesis seeks to examine the competitiveness of the methods by which beer has been distributed in the UK, particularly the beer tying agreement, with the objective of setting out recommendations for the future. In order to fulfil this objective, the thesis aims firstly to eng…
This thesis draws on a wide range of primary sources in order to explore the criminalisation of children in nineteenth century Scotland. The analysis is set in the context of far-reaching changes in the administration of criminal justice including the expansion of urban policing…
In recent years, an increasing number of personalised services that require users to disclose personal information have appeared on the Web (e.g. social networks, governmental sites, on-line selling sites). By disclosing their personal information, users are given access to a wi…
This work examines security interests under the Cape Town Convention on International Interests in Mobile Equipment. The main purpose of the Convention is to provide a uniform legal regime for the creation, registration and protection of a creditor’s interests held in high value…
This thesis addresses the issue of rules of origin and their impact on trade flows. Four objectives are sought: i) to provide further evidence on the impact on trade of product-specific preferential rules of origin; ii) to develop a restrictiveness index based on empirical findi…
The functions of family courts in England and Wales in making decisions about children are identified as processing disputes and protecting vulnerable individuals, with latent functions of applying and influencing social policy. The thesis explores why family courts have been si…
The cultural forms of modernity become truly modern only when specific experience, as opposed to tradition or faith, is made the basis of epistemological authority. By taking the primary examples of law and literature, this thesis argues that the criminal trial and realist novel…
The primary aim of this thesis is to identify a coherent legal response to the particular causal problem of the ‘evidentiary gap’. In order to do this, it is necessary to understand how the ‘evidentiary gap’ relates to causation in negligence more generally, so the thesis addres…
This study proposes a restorative hermeneutic and uses it to assess and evaluate the ‘restorativity’ of the responses of five local Christian communities to crime and wrongdoing. Its central contention is that they can become more ‘restorative’ by critically reflecting on their …
The Treaty of Rome assigns overriding importance to price stability in the firm belief that maintaining stable prices on a sustained basis is a crucial pre-condition for increasing economic welfare and the growth potential of an economy. Price stability is given formal expressio…
This thesis critically appraises the exceptions to the principle of autonomy in documentary credits. In appraising the exceptions, the central theme pursued is to address the question whether the application of the exceptions to the principle of autonomy is satisfactory. In addr…
In 2001 the European Commission began a far reaching consultation to ascertain whether obstacles arise for the proper functioning of the internal market and for crossborder trade from the existing divergent and fragmentary state of European contract law at the EU and national le…
This thesis examines crime analysts’ experiences of working with the traumatic material of others. Initially, the challenges faced by employees working with the traumatic material of others are considered. A systematic review of the literature was conducted, with emphasis on the…
This thesis explores issues concerning the conceptualisation and operationalisation of the right to a fair trial in the Kenyan criminal justice system. In particular, it looks at how and why there have been many difficulties with the implementation of this universal set of value…
Taciturn bills of rights and constitutions – texts that express concepts at high levels of abstraction or which do not provide much guidance in other ways – pose challenges for courts responsible for determining their meaning and applying them. This dissertation aims to identify…