The Full Reinsurance clause by which a reinsurer agrees to be bound by the same terms and conditions as the original policy and commits to follow the reinsured’s settlements is widely used in London Market facultative reinsurance contracts. In most disputes the outcome depends u…
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This thesis investigates the development of democracy as a principle of international law, primarily from the view of human rights law, with the purpose of developing a basis for an international law of democracy. It begins with the proposition that the international legal argum…
This research is to evaluate soft law as a method to regulate public procurement from a trade perspective. The value of soft law is studied under this thesis according to a four-fold approach – bindingness, precision, discretion and delegation. An international legal instrument …
The fundamental aims of this thesis is to demonstrate problems regarding key forms of liability formulated under the Fair and Equitable Treatment Standard (‘FET’ hereinafter). These are problems that are likely to occur for developing countries who are attempting to prevent futu…
Proportionality is used by the UK Courts when reviewing the Convention-compatibility of the activities of the other branches of government. There are two related problems with the current analysis of proportionality. First, there has been a heavy emphasis on the division of cons…
The research evaluates the implementation of the Framework Agreements on Telework and Work-related Stress in Belgium, Denmark, UK, and Czech Republic and in the banking and local Government sectors within these countries. Further, it evaluates the various factors that explain di…
This thesis is a comparative and analytical study which comprises of an analysis of the rules of the seller's liability for non-conforming goods of four legal systems; Korean law, English law, the U.N. Convention on Contracts for the International Sale of Goods (1980) and the E.…
This thesis critically reviews and evaluates theories of organisational learning and IT-related organisational change with particular reference to the task of explaining users’ acceptance (or rejection) of new technology. It seeks to develop a conceptual model of organisational …
This work argues that the development of the Lusaka Stock Exchange into a competitive stock market has been constrained by a number of factors which include inadequate liquidity on the market and weaknesses in the legal framework for regulating public distribution of securities …
The trend in development discourse is to explain underdevelopment in terms of bad governance which lack of rule of law brings about. Development in this sense is understood as economic growth while rule of law is limited to an institutional version which is market-oriented. In t…
Vertical restraints are arrangements concluded between undertakings operating at different levels of the manufacturing or distribution chain which restrict the conditions under which goods are purchased or sold. This work examines the antitrust treatment of these restraints in E…
This thesis examines the history of murder by poison in Scotland during the nineteenth and early twentieth centuries, in the context of the development of the law in relation to the sale and regulation of poisons, and the growth of medical jurisprudence and chemical testing for …
Since the mid 1980s, a mass of scholarly material has been published on sex offender treatment, particularly relating to cognitive behavioural techniques. Alongside this, there has been a gradual recognition by academics and practitioners in the field of the particular challenge…
The documentary credit has for a long time served as a very reliable form of financial instrument in the trading of international goods. The certainty of payment guaranteed under the documentary system is attributed to the autonomous nature of the credit contract, which is that …
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international instruments that provide uniformity in the rules for international trade. It has been adopted by seventy-three countries and has been in force for tw…
In this thesis concerning the protection of well-known trade marks against confusion in the European Community Trade Mark (CTM) and Japanese trademark systems, the author critically considers the difficulties in comprehensively defining ‘well-known trade mark’ in the relevant in…
The International Covenant on Economic, Social and Cultural Rights entered currently has 118 States Parties and has been in force for 17 years. Over the past five years, the implementation of the Covenant has come under the supervision of the Committee on Economic, Social and Cu…