This thesis explores how the law deals with the patient's right to refuse treatment, evaluating the issue in the context of capable, incapable and involuntary patients. The thesis shows how the consent requirement, and consequently the right to refuse, derives from the law's adherence to the principle of individual autonomy which, this thesis demonstrates, is underpinned by Millian liberal theory. Within this view, the requirement for capacity is fundamental. The thesis shows that capacity acts as gate keeper for the right of autonomy, determining whether or not the right will be respected in each individual's case. Therefore, an appreciation of the inter-relationship between the principle of autonomy and the requirement for capacity is essential. The thesis uses the term "autonomy paradigm" to describe this inter-relationship. The two components of the autonomy paradigm are set out in the first two chapters of the thesis. The primary aim of the thesis is to establish the limitations of the autonomy paradigm. It identifies two difficulties with the paradigm. The first is that the paradigm is premised on a binary division of patients into the categories of capable and incapable, with incapable patients regarded as largely irrelevant within the model. The consequences of this aspect of the paradigm are explored in chapters 3 and 4 of the thesis. The second difficulty is that the process of capacity assessment is not the value-free, neutral procedure that the autonomy paradigm requires. In reality, patients are not determined to be capable or incapable without reference to the nature of the decisions they are making and the consequences of these decisions for them. Thus, the autonomy paradigm is based on an idealised view of the capacity requirement which cannot be delivered in practice. For these reasons, a more realistic view of the autonomy paradigm must be taken.

Environmental Impact Assessment Law was adopted in Armenia in 1995.The Law has a mission to control environmental decision-making in the country and comply with the international treaties and conventions ratified by Armenia. The recent rapid developments of environmental hazards in Armenia have raised a concern whether the existing Law is meeting the needs of the country and its citizens. The comparative doctrinal research has been conducted to question the legal provisions, implementation and compliance of the RA EIA Law with International Environmental Treaties, which Armenia is a Party. The comparison of the existing RA EIA Law with similar laws in European Union and the USA was necessary to assess the instrument’s best practice to find out the errors and make possible recommendations for improvement of the environmental governance in the country. In the process of the research work, the RA EIA law was amended in 2014. Therefore, the research had a chance to compare both legal texts and assess their similarities, differences and positive development of the Law. The comparative analysis of all mentioned instruments revealed existing deficiencies of the RA EIA Law and provided further improvement and development recommendations as an outcome of this unique and unprecedented work.

Issues related to reproductive health are being increasingly recognised by the international community to contributing greatly towards eliminating gender-based health disparity. And in recent years, normative developments have proliferated both in the international and domestic arena. This thesis showcases the level of implementation of women’s right to reproductive health in Ethiopia. In so doing, it questions the international legal footings of this specific right. Implementation in this context is grappled with various obstacles such as balancing low economic resource setting with fulfilling economically demanding obligations; and/or eliminating entrenched harmful cultural traditions while enhancing acceptability of services. The research adopts a set contextual human rights indicators to sift the legal framework and health system of Ethiopia with a view to assessing the level of implementation. It identifies existing gaps and seeks to forward recommendations.

This thesis brings together a selected sample of my sole-authored legal research publications completed between 2008-2016 and published during the period whilst I held the position of Senior Lecturer in Law at Kent Law School, in the University of Kent (UK). The published works focus on a common subject area: the evolving provisions, principles and institutional structures underpinning the legal framework of the European Union (EU) relevant to the enforcement of EU environmental law. Much of the original inspiration and motivation to undertake research in this legal area may be traced back to my experience working as an official (legal administrator) within the European Commission's Environment Directorate-General of the EU between 2001-2003, during which time I engaged in a range of duties connected directly or indirectly with law and policy concerning the enforcement of EU environmental legislation. The principal aim of this thesis is to provide an overview of the legal analysis and appraisal undertaken by my selected published works on EU law concerning the enforcement of EU environmental protection legislation, drawing out their key findings and ideas and identifying how they complement one another as a collective body of research. The selection of published works chosen for this thesis includes a total of seven pieces, specifically six journal articles and one monograph. This research aims to contribute to a better and more complete understanding of the scope, contents and impact of the EU's legal framework relevant to the enforcement of EU environmental law, whilst also providing critical appraisal and insights into possibilities for enhancing its effectiveness.

Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in the thesis. A framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law is developed from Alan Gewirth’s Principle of Generic Consistency (PGC). This framework is applied to a number of medical law cases studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah’s Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The thesis also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. Thus, the original and significant contribution to knowledge is the development of an evaluative framework and its application to distinct case studies. This leads to the conclusion, based upon a stance of principled pragmatism, that some aspects of current legal protections in English medical law require amendment.

No description available.

Since 1995, the member states of the European Union (E.U.) have been legally obliged to reduce biodegradable municipal waste, with a final target of 35% of 1995 levels by 2020 and, in doing so, increase the recycling rate to 50%. In 2015, the E.U. has agreed to aim for a recycling rate of 65% by 2030. For the E.U, and the United Kingdom, the achievement of these targets form part of the policies of the waste hierarchy, the zero waste economy and the circular economy. While it is recognised in the literature that there is a link between these concepts, it is not clear how they are connected and how they can be exploited to change human behaviour. The aim of this thesis is to develop a conceptualisation, using Niklas Luhmann’s systems theory, of the relationship between the waste hierarchy, the zero waste economy and circular economy in terms of the social factors – law, economics, politics, etc. ‐ that influence behaviour. The proposed conceptualisation moves away from the notion of waste as a material substance discarded by human beings into the environment; instead, waste is a shared understanding of the transfer of material substances between human beings. Thus, in my reading of Luhmann’s theory, waste is the unusable by‐product of systems and it can only be made usable by external reference to other systems in the social environment. Therefore, my thesis is that the legal system steers the waste management process by steering itself through its relationship with the environment, with steering mediated by organisations, such as households, courts, government departments, local authorities and businesses. Through an encounter between Luhmann’s theory and Cass Sunstein and Richard Thaler’s libertarian paternalism or nudge theory, I argue that organisational decision‐making creates the context or, in Sunstein and Thaler’s words, choice architecture that nudges human beings towards certain behaviour. In turn, it is the choices made by human beings that influence organisational decision‐making. My thesis is demonstrated using the following minicase studies: (a) the development of international environmental law principles; (b)the definition of “discarding” by the European Court of Justice as distinct from the ordinary understanding of discarding; (c) the provision of household waste collection services in England; and (d) the creation of food waste by retailers and the legal jurisdiction of bin‐diving in the context of freeganism.

Population biobanks hold promise for improving the health of future generations by providing researchers with a resource of both human samples and data to investigate the linkages between genes, lifestyle and environment in population health. Widespread concern has been expressed in academic and policy literature as to the ongoing ethical, legal and social challenges that are raised by population biobanks, by virtue of their longitudinal nature and broadly set research aims. To address these challenges, and to balance private interests of the individuals who donate to biobanks, with the public benefit that is believed to derive from the establishment of biobanks, some countries have specifically legislated to establish national biobanks. Alternatively, UK Biobank has been incorporated as a charitable corporation. Potentially, this private legal structure diminishes the public accountability of the project, as well as the protection of donors from personal harm. This thesis analyses the multi-layered nexus of laws within which UK Biobank is embedded and shows the tensions that are associated with using a private legal structure to secure public objectives. UK Biobank is in unchartered legal territory on a number of levels, and this thesis posits UK Biobank as a timely example of a large-scale organisation whose model straddles the public/private divide in law and invites an eclectic mix of corporate, public, charity, contract and tort lawyers into a conversation with ethicists, scientists, policy experts and the public to consider how to effectively progress population health via biobanking. As such, the experience of UK Biobank raises questions as to how best to balance public and private interests in large-scale, public mission organisations in general.

No description available.

This thesis investigates the governance of biobanks in Mexico, exploring elements of legislative reform for the improvement of current legal and ethical guidance. It argues that the great benefits to be obtained from research using biobanks (e.g. personalised or stratified medicine) are at risk of being undermined by the absence of clear legal pathways. A number of legal and ethical issues have emerged from the different aspects of biobanks. Diverse theoretical approaches are reflected in academic literature and heterogeneous legislation of biobanks around the world. Specific binding rules have worked for some, whereas self-regulation has proven suitable for others. Social solidarity has played a key role in innovative biobanking law and decision making, in which traditional governance approaches have become more reflexive, involving not only law and policymakers, but also the public. A detailed legal analysis revealed significant gaps within the complex Mexican laws governing biobanks; this has caused confusion. Areas of concern were identified in relation to the ethical management of research samples and the protection of donors’ rights. This is concerning in Mexico where economic interests influence legal reform, giving way to opportunistic actions by the international pharmaceutical industry and leaving vulnerable populations unprotected. The greatest challenges for Mexican legislators are finding ways to respond to legal gaps with new laws and improving the effectiveness of existing rules. Due to the scarcity of literature on the topic, interviews were conducted with representative actors in strategic areas. Participation in the European Union research network BTCure enabled the inclusion of a study investigating how European experiences can be valuable examples for Mexico to follow. The results of this research indicate ways forward for Mexican governance, which are expected to influence further legislative reforms of biobanks.