The relationship between law, foreign direct investment (FDI) and development is a neglected area of investigation, and this study seeks to contribute to the understanding of that relationship through an analysis of the legal regulation of FDI in Kuwait. As well as offering a ge…
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The thesis examines mode of trial decisions in magistrates’ courts within the context of a theoretical framework that views courtroom interaction as multifaceted and complex. The history of the mode of trial decision has seen an extension of summary jurisdiction; for reasons of …
This thesis is a study of the relationship between deontological liberal principles and consequentialism in legal rhetoric. The argument developed is that these supposedly separate bases for judgment are actually mutually defining in cases involving an apparent ethical dilemma. …
This research analyses the role and action of the Trade Related Intellectual Property Agreements (TRIPS) and pharmaceutical patents in the public health network of Djibouti, by using an approach largely inspired by actor-network theory (ANT). In doing so, it addresses issues tha…
This dissertation examines aspects of John Millar's philosophical history in order to provide grounds for a critical appraisal of the content of his contribution to social and historical science. Using Millar's published books and lectures in civil law as primary sources, it is …
National parliaments have always been involved in the affairs of the European Union. They have debated and voted on joining the Community and have ratified the European treaties negotiated by their governments. On a more regular basis, national parliaments have also, to varying …
Law is often perceived as an instrument that can effect social change. National law in Trinidad and Tobago, prima facie providing for gender equality, does not fully contemplate issues of particular concern to women, such as domestic violence. Gender equality and domestic violen…
The argument of this thesis is that the legal liability of the administration in France and England, at first sight very different, is actually very similar. In France, the existence of a separate system of administrative courts with jurisdiction in delictual actions against the…
Advances in information technology have enabled the design and development of innovations in business methods. This is particularly felt with IT enabled innovations such as Sun Microsystems' stateless shopping Cart for the web which is a Web shopping cart system that does not re…
The delimitation question of the continental shelf has been a controversial issue since the early stages of the continental shelf doctrine. Two sets of rules and principles have so far been relevant to the delimitation question. These are, the Conventional solution of Article 6 …
The emergence of free and open source software (FOSS) has posed many challenges to the mainstream proprietary software production model. This dissertation endeavours to address these challenges through tackling the following legal problem: how does FOSS licensing articulate a le…
This thesis explores and explains the development of the Creative Commons (CC) as an alternative to mainstream copyright protection. it argues that the distinctive characteristics of CC as a license based, configurable form of meta-regulation can be explained by consideration of…
Cases that reach the Supreme Court are ‘hard cases’ where the result is not clearly dictated by statute or precedent. To reach a decision in these cases, a judge must exercise discretion and the non-legal factors that influence discretion have been the subject of extensive debat…
It is well known that in the early stages of legal development in Commonwealth jurisdictions, when these countries were still colonies of the British Empire, there was uniformity in their laws as the English common law was received by these countries and applied by their judicia…