In 2008 the European Commission has put forward a Proposal for a Consumer Rights Directive with the aim to increase consumer confidence in the internal market. Based on the principle of maximum harmonisation, the proposed Directive provided for amendments in the areas of unfair contract terms, consumer remedies, distance and doorstep selling. However, the disagreement of Member States regarding the contentious amendments to unfair contract terms and consumer remedies which involved a reduction of consumer protection led to those changes being dropped from the final Directive. The shift to maximum harmonisation and the contentious amendments in the two areas constitute the starting point for the argument put forward in this thesis. Increasing consumer confidence has not been the actual aim behind the Commission’s legislative efforts. With the application of the moral panic theory to the case of European Consumer Law, the aim is to show how the European Commission has used the consumer confidence justification as a smokescreen for the shift to maximum harmonisation which can better support its internal market project. The Consumer Rights Directive as adopted constitutes a compromise and only amends Distance Selling and Doorstep Selling Directives. Although reduction to the level of consumer protection was prevented, the eventual approach followed under the Consumer Rights Directive still constitutes indication of the fact that the driving force has been the internal market. The application of the Directive to the domestic regimes of UK and Cyprus provides an opportunity to test the main argument of this thesis.

Regulation is a key part of product commercialisation, where different stakeholders must continually negotiate what are often conflicting regulatory drivers. High technology regulation is particularly problematic as is found in nanotechnology, and nanoparticle products, where there is much misunderstanding about what these products are and how they work. Nanotechnology is the application of small products, ranging between one hundred million and one billion times smaller than a metre, considered as the next 'industrial revolution'. At the vanguard of nanotechnology products, nanoparticles are examined in this study, where rapid technological advances are creating much debate within the discipline of law for how to best regulate the nuanced physicality of these products. Extant arguments have focused on how to regulate the R&D, production, sale, consumption and end-of-life of these products, with varying considerations of physicality which is pivotal to this endeavour. Critically, and fundamental to any discussion about regulating nanotechnology is whether these products sit inside of current regulations, or whether they require new regulatory approaches to more adequately capture their physicality. Confusingly, there has often been an erroneous presupposition that nanotechnology will function as a direct mirror of larger products, which is often not the case. On this basis, this study engages with the physicality of nanoparticles to build a foundation of knowledge, asking pivotal questions about regulation, to better inform academic and industrial regulatory discourses. Attention is given to regulatory frameworks including the Precautionary Principle, Regulation, Evaluation, Authorisation and Restriction of CHemicals (REACH), and potential for nanotechnology registries for monitoring nanoparticle physicality. Importantly, for any collection of highly nuanced novel physical products as found within nanotechnology, there can be no 'one-size-fits-all' with in depth examinations being made with different specific sectors to draw out the major challenges related to the physicality of this wide ranging collection of products.

This thesis examines the relationship between ‘effectiveness’ and ‘fairness’ in the EU leniency policy. The EU leniency programme is a key weapon in the Commission’s fight against hard core cartels which are the most harmful infringements in EU competition law. The Commission attempts to meet the great difficulties posed by cartels in terms of their detection and prosecution with a rigorous enforcement regime which is mainly focussed on achieving effectiveness through deterrence. This thesis identifies a core challenge: to safeguard the legitimacy of cartel enforcement a leniency programme shall not only pursue effectiveness but also fairness. While the consideration of retribution in addition to deterrence sustains substantive fairness, respecting fundamental rights, which play an increasingly important role in EU competition enforcement, safeguards procedural fairness. The Commission’s first formal leniency programme established under the 1996 Leniency Notice suffered from grave deficiencies in terms of both effectiveness and substantive fairness. The two revisions of the Leniency Notice in 2002 and 2006 have managed to remove those deficiencies and instituted a successful leniency programme. Amendments to certain so-called ‘internal factors’ have not only increased effectiveness but also retribution. The rise in private enforcement in the past couple of years, however, threatened to undermine the effectiveness of the EU leniency programme, and with it, the effectiveness of the entire cartel enforcement system. Private actions for damages as a so-called ‘external factor’ potentially put leniency applicants and immunity recipients in particular in an adverse position vis-à-vis non-cooperating cartel members. The measures adopted in the recent Antitrust Damages Directive are expected to solve this tension between public and private enforcement. Looking back at the overall development since the inception of the first Leniency Notice it is submitted that effectiveness and fairness have been successfully reconciled.

Various theories, concepts and methodologies exist for apportioning liabilities in construction delay claims. Yet, there is no much consensus among the practitioners towards them. Often, the implementation of these theories, concepts and methodologies in a project is based on Decision Makers' (DMs) individual judgments. Individual judgments are generally intuitive and subjective. That brings scepticism on the outcome yielded by either party's approaches or methods. This would most possibly result in further escalation of dispute. This research was inspired by the findings of initial surveys and peer discussions which indicated this situation as a major problem area in delay claims resolution, requiring improvements to the contemporary practices. Thus, the principal aim of this research is set out 'to investigate the problems involved in the contemporary practices of apportioning liability in construction delay claims and propose a Framework for Improvements'. This 'Framework of Improvements' is expected to enable consensus and uniformity among the DMs for appropriate application of essential theory, concepts and delay analysis methodology in order to minimise/ reduce the negative impacts of such problematic issues and enhance efficiency and fairness in delay claims resolution process. The research objectives were set out in order to fulfil this aim. Accordingly, the research undertook to investigate the perceptions, approaches and methods adopted by the practitioners in carrying out apportioning liabilities, and the problem issues that may stem from such practices. This inquiry was carried out implementing mixed methods approach which was consistent with the philosophical stand of the research. Thus, both semi-structured interviews (qualitative strand) and in-depth surveys (quantitative strand) were extensively used for the necessary data collection. The analysed findings and the merged results of this inquiry and the findings of a comprehensive literature review enabled developing the intended 'Framework of Improvements'. As the main outcome of the study, this Framework consists of (1) improvements to be adopted through changes to contract documentation and procedures and (2) improvements (through a Model) to the process of selection of a most appropriate method of delay analysis under objective circumstances of a construction project. These components of the Framework have been subject to necessary validation. Thus, if consciously implemented, it has the potential to bring forth substantial corporate benefits to both employers and contractors, by eliminating waste of time and money in unnecessary disputes in delay claims resolution process. The research has also contributed to the domain knowledge by providing a comprehensive data base as to the current practices and established a knowledge base of essential theory, legal position and practice in delay claims resolution; this can be used as a repository by practitioners and potential researchers. At the conclusion, while accomplishing the research objectives and the aim, the study has identified the potential limitations of the research and recommended areas for further research.

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No description available.

No description available.

Nigeria is currently the 10th largest oil producer in the world, accounting for about 2.2 million bpd in 2012, and it is the largest oil exporter in the African continent. Currently, the country’s oil resources generates at about $136 billion a year, accounting for more than 85 per cent of Nigeria’s revenue and approximately 90 per cent of her total exports. Given Nigeria’s substantial resources, it should be the jewel in the crown of Africa. But it is not. The country is struggling with abject poverty, political instability, social insecurity and underdevelopment. The huge revenue derived from oil have not improved the living conditions of the Nigerian people because it has not been optimally and wisely utilized. Communities in the Niger Delta whose land bears the oil have remained politically ostracised, economically disempowered, ecologically frustrated and infrastructurally underdeveloped. This is owing to rent mismanagement, profligate spending, kleptomania and the bad polices of successive Nigerian government. The excessive oil profits are being taken away by foreign oil companies. Apart from that the foreign oil companies collude with corrupt government officials to disobey environmental laws. This development has caused monumental environmental degradation. As a result of these prevailing circumstances, the Niger Delta region has resisted oil operations in their land by carrying out consistent protest, sectarian violence, and other forms of clandestine activities. For example, the militia groups have engaged in kidnapping of oil workers, destruction of oil installations, and extra-judicial killings. Hostilities from local communities have increased because oil exploration negotiations and bargaining process were unfavourable, unjust, lopsided and frustrating. In the light of these problems, the thesis argued that Nigeria’s oil resource is nothing but a curse and not a blessing. The situation has gone from bad to worse because too much emphasis has been placed on long term measures instead of short-term solutions. This is not more than scratching the surface while the substance of the problem is left untouched. The centrepiece of this thesis therefore is how the Nigeria government can approach the Niger Delta oil crisis in a short-term course. The thesis argued that short-term justice will help to provide the immediate needs of tens of millions of neglected and impoverished citizens of Niger Delta region in the meantime while the government continue to work on long-term solutions to her problems. However, l shall weave my argument around a method of justice as propounded by John Rawls to produce specific short-term solutions that will solve the problem of economic injustice, political marginalization, social conflicts, and revenue distribution imbroglio. In this regard, we are not going to be discussing how we can permanently solve all Nigerian’s problems or how we can leap from dysfunctional state to a functional state overnight. Our focus in this thesis is going to be on what we can do to make things better now even if there is still work to do before complete justice can be implemented. In attempting to develop solutions that will mitigate the Niger Delta oil crisis, l will apply John Rawls’s method of justice. Though many people have criticised Rawls’s theory as controversial, and inconsistent, this thesis is not going to join in the controversy or devote arguments to defend Rawls. I will assume that the Rawlsian method is at least plausible and a defensible way of developing specific principles of justice that will produce short-term solutions to the problem of distributive justice, impoverishment, and social conflicts. The idea will be to develop short-term measures that no member of the current conflicts can reasonably object.

Competition law has become an important legal tool as it plays a significant role in preventing different forms of anti-competitive behaviour and ensures fair competition in the market. For this purpose, the United Arab Emirates has adopted its first comprehensive competition law, named “UAE Federal Law No. 4 of 2012 Concerning Regulating Competition”, to be enforced from 23rd February 2013. The law contains 33 Articles regulating competition in all commercial sectors. This research aims to investigate the UAE competition law in order to answer the main question, which is to what extent does the new law ensure fair competition in the commercial field of the country. It examines the flaws and drawbacks in the competition law and the enforcement mechanism. The research suggests the reforms required to improve the law and the way this could be accomplished. In order to answer the main question, the research applies two main methods, which are the black letter approach and the socio-legal approach. In addition, the research will employ the interview approach. Different issues were found in the UAE competition law in the areas of anti-competitive agreements, abuse of dominant position, mergers and acquisitions, state aid, and enforcement. The findings demonstrate that evidence exists of anti-competitive behaviour in the market, such as monopolistic practices and abuse of dominant position. Furthermore, there is evidence of inadequate implementation of the law against many market players, such as state-owned undertakings. From the findings, the role of the Competition Regulation Committee seems to be weak and inadequate, and there are some conflicts with the role and the Ministry of Economy. Some recommendations have been suggested for policy reform and enhancement of the law and its upcoming regulations. It is hoped that the findings of this research will provide a framework for the UAE and the countries in the region that seek to have more competitive markets. This study is the first to address the competition law of the UAE, thus this study contributes to the understanding of the law and its application, and it is hoped it will add to knowledge in the field of competition law. Furthermore, based on the evidence, the research concludes by suggesting a number of implications and potential future research avenues.

The present thesis argues that the current Jordanian legal frameworks are insufficiently developed to provide an adequate level of consumer protection to redress the imbalance of power between parties in electronic commerce consumer contracts. This argument is triggered due to the Jordanian legislation placing great emphasis on the freedom of contract principle to govern all types of contracts, regardless of whether one of the contracting parties suffers from an inequality of bargaining power. This principle does not serve consumer protection as consumer contracts are usually presented on a take-it-or-leave-it basis where a consumer has no realistic bargaining opportunity. On the other hand, such a principle does not allow the legislature to intervene in the contract in order to redress that imbalance. By depending on the freedom of contract principle, Jordanian legislation has, to a large extent, failed to provide consumers with an acceptable level of protection. This subject will be analysed and discussed alongside European Union legislation in order to illustrate the existing weaknesses in the legal frameworks in Jordan in relation to consumer contracts. After concluding the legal analysis and determining the weaknesses in Jordanian law, the thesis will provide an empirical study to measure the impact of the lack of consumer protection law on the growth of electronic commerce in Jordan. This empirical study, which has been conducted by way of a questionnaire survey, has revealed that one of the factors that prevents consumers engaging in e-commerce activities, and which undermines their confidence, is their perception of the protection provided by the law. This thesis concludes that basic consumer protection, which aims to rebalance the power in Business-to-Consumer contracts, is essential for consumer confidence and the development of e-commerce in Jordan. There is a positive correlation between purchasing online and the protective measures selected in this thesis (i.e. information requirements, protection from unfair contract terms and consumer rights). Therefore, a comprehensive model has been suggested in order to fill the gap in the Jordanian legislation.