This thesis is concerned with what is a better way to regulate Human Embryonic Stem Cell (HESC) research in China. It concludes that, neither moral control in the patent law nor federal funding control is a effective way to monitoring HESC research. The best way to control immoral HESC research in China is to regulate research at the international level. HESC holds the promise of treating many incurable diseases such as cancer, diabetes and Parkinson's Disease; however, the interplay between patent law and moral controversy has generated enormous variations in addition to the jurisdiction complexities. The diversity of HESC regulation has been considered problematic, smce varied regulations in states might impede research collaboration and scientific advance. Researchers wdtking across jurisdictions are required to meet different technical, ethical and legal standards. Some developing countries have sought to profit from the regulatory vacuum. Such a situation can be seen in China where unproven and unsafe stem cell therapies are currently offered to patients. While attempts have been made to examine the disparities in HESC regulations across countries, there is little work of significance addressing how to regulate HESC research in China. This thesis attempts to find a better way to control HESC research in China. It is laid out from three perspectives. First, this thesis explores the legal challenges from the emerging areas raised by HESC technology. It illuminate the moral challenges associated with HESC research. It demonsh'ates that HESC research, like a double-edged sword, might bring tremendous benefits or, on the contrary, irreversible disaster. It can be distinguished that the success of HESC development depends largely on how the law participates in it. Second, the thesis examines two different approaches adopted by the Europe and US in HESC research. Apart from examining the incongruous interpretations of moral definitions of human embryo in the EUROPE case law, this thesis also explores the inconsistent policies adopted by different administrations in the US. Through a detailed comparison, this thesis observes that both infusing moral exclusions into patent law and federal funding conti'ol are inefficient and ineffective ways to supervise immoral research. Third, the thesis explores the reconciling attempts of HESC regulation. Drawing lessons from reconciling attempts, the thesis finds out that minumin standard is practical and applicable since there are various interpretations of moral, human embryo and the commercial or industrial use addressing the adoptions of moral exclusions in national states. The thesis argues that, the best way to control HESC research in China is to regulate research inself in a reconciled regulation at the international level. First, the patent prohibition of HESC related inventions based on morality issues doesn't seem to be an effective method to control immoral research. Morality is not a criterion that should be determinable by patent authorities. The various interpretations of moral exclusion in patent law result the legal uncertainty. Even if the results of HESC research would not be patented, HESC research could still be performed and funded. Immoral HESC research should be prohibited at the beginning of research instead of at the patent-application stage. Second, even if federal funding cannot be used in HESC research, private funding could still flow into this area. It is a waste of time, money and material resources sin~ e some halfway public funding research should be halt and private money reinvest in it. Third, from the economical perspective, regulate research is able to prohibit immoral research at the initial stage which saves time and money and is economically viable and legally feasible. In order to eliminate the phenomenom of "stem cell tourism" in China, it is best to regulate the research at the international level.

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Medical research on children is necessary to achieve progress in paediatric medicine for two reasons: firstly, certain diseases are unique to childhood and therefore medical research must be conducted on children to find out more about these childhood diseases, and secondly, adults and children respond differently to drugs and treatment, particularly when it comes to dealing with metabolism and disease. Due to findings that adults and children differ significantly in both pharmacodynamics (the way a drug affects the body) and pharmacokinetics (the way the body responds to the drug), results obtained in adults cannot easily be transposed in minors. To help ensure that children are prescribed safe and effective medicines, it is necessary to reduce widespread use of unlicensed and “off-label” medicines in children, because such medicines have neither been tested nor authorised for use in the paediatric population. Tensions in the legal and ethical frameworks that regulate decision-making about child participation in medical research are an obstacle to research being conducted with children because the existing frameworks cannot effectively inform the decision-making of parents and their children about research participation when they fail to give due attention to the family context in which decisions about child research participation tend to be made. For research and experimental or innovative treatment that falls within the remit of the common law, narrow definitions and interpretations of the best interests test, that do not sufficiently take account of all the different interests that will be involved when making a decision about a child, fail to adequately justify child participation in medical research and the administration of experimental or innovative treatment. The principal objective of this thesis is to highlight how more attention needs to be given to a child in the context of his or her caring relationships and the responsibilities that arise within these caring relationships to enhance existing decision-making frameworks that regulate child participation in medical research and strike an appropriate balance between protecting research participants and facilitating sound research.

This thesis examines whether the law of disposal of the dead in churchyards fits within the human rights framework of the European Convention on Human Rights. In doing this it aims to fulfil three objectives. Firstly, to show that the body responsible for much of the policy and decision making in relation to disposal of the dead is a functional public authority for the purposes of the Human Rights Act 1998, secondly to analyse the existing rules and procedures around burial, maintenance and management and exhumation in churchyards against that framework of human rights and finally to demonstrate where there are opportunities for the Church of England to consider its policies and laws that regulate this area of law. Disposal of the dead is, of course, a sensitive subject which involves not only the rule of law, policy making, public heath, moral and ethical issues but it is also one of the essential functions in society which passes on important messages to those generations to come. This thesis plays a vital part in untangling what is, without doubt, a complex area of law by using the human rights framework to evaluate and critique the existing law with a view to highlighting where the Church of England’s regulatory structure is at risk of breaching human rights standards. The social costs of disposal of the dead and land management are increasing and this thesis also has an important role in public discussion of the issues of rights and responsibilities for funding. Within the thesis, the human rights framework of the European Convention on Human Rights and the Human Rights Act 1998 are placed over the existing practices to create a juxtapositional matrix or map which demonstrates where the current law is out of synchronisation with a human rights framework and thus supports the hypothesis that in some key areas, the Church of England and more particularly the PCC are open to challenges brought under the Convention and other rights.

Traditionally, the courts have been very reluctant to permit the use of necessity as a defence in civil or criminal cases. However, following the case of F v. West Berkshire Health Authority [1990] 2 A.C. 1 and up until the coming into force of the Mental Capacity Act 2005, the common law principle of necessity was extensively used in medical law to provide a lawful basis for the care and medical treatment of incapacitated adults without consent. This thesis examines why this was the case, and suggest that the answer may be found in the need to fill a “gap” in the law left by the ending of the parens patriae jurisdiction over incapacitated adults and in the development of the declaratory jurisdiction, enabling the courts to consider ex ante whether treatment is lawful and to exercise control over the application of the defence. It is suggested that judicial pragmatism, rather than legal principle lies behind this development and use of necessity This essentially historical study (although the impact that the Mental Capacity Act 2005 will have upon the justification of necessity is examined) critically considers what judicial pragmatism is, before examining the development of the declaratory jurisdiction and its role, together with the justification of necessity, in providing a substitute to the former parens patriae jurisdiction. The origins of and development of the defence and its use in medical law cases are critically scrutinised. It is suggested that the ‘principle’ of necessity developed in Re F is essentially a pragmatic, rather than a principled construct, and that ‘necessity’ in this medico-legal context is essentially a paradoxical concept, being a best interests defence rather than one of true necessity, with the test of best interests being sufficiently vague and broad to permit the courts to maintain an illusion of coherence and consistency whilst maximising flexibility.

Marine pollution is one of the major problems in the world and in particular around the coasts of oil producing countries. The Arabian Gulf and the Straits of Hormuz are of particular concern to the United Arab Emirates (UAE) as they play host to a number of endangered marine species. As a Muslim state, the UAE has historically been protective of the marine environment through the teachings of the prophet Mohammed (PBUH) and the Holy Quran. As a modern state with international trade connections, the UAE has signed up to a number of international conventions designed to protect the marine environment. This thesis considers international law and its transposition into state law in the UAE. The influence of religion on the formulation of legislation to protect the marine environment is considered in this comparative study between the UAE and the UK. The main part of the thesis is an analysis of the influence of Shari’ah on legislation in the UAE to protect the marine environment. This is informed by a number of interviews with key figures in Dubai In order to produce detailed and accurate results in the research, analytical and comparative examination is made to the actual scope of protect the marine environment in the UAE. This is achieved through studying the relevant literature as well as studying legislation and case law. The methodology used is a comparative secondary research study supplemented by face- to face interviews. The legislation in the UAE has proved more difficult to research than the UK legislation. Moreover, a number of listings and web-sites contain partial and fragmented information. The final conclusions include recommendations for the UAE on how to develop their protection of the marine environment. From this conclusion the most recommended concern is to develop the legislations of the UAE and develop citizen’s awareness. Training is the most important point which was taken into the consideration of all people that have been interviewed.

Iraq’s liberation from the Saddam regime after a few decades of oppression signalled national transition to peace and stability. The entire world had its eyes fixed on Iraq as a model for newly liberated nation states. Even though Iraq was liberated from authoritarian rule, but it has yet to be liberated from its socio-economic woes. Decades of neglect at the hands of a military dictatorship, newly found ethnic and sectarian divides and now a regional cum international jihadist agenda threaten to tear Iraq apart. The true underlying cause of Iraq’s problems is socio-economic divide – precipitated at both domestic and international levels, and manifested as ethnic and sectarian conflicts. The only real solution to Iraq’s woes is to capitalise on the oil and gas resources, in such a fashion that they provide socio-economic dividends with a hope of conserving the environment for future generations. The idea of sustainable development is auspicious in terms of consequences yet elusive in terms of implementation. Iraq’s domestic problems and international pressure groups are creating an environment where sustainable development is a hard-to-realise goal. Moreover, the everchanging definition of sustainable development and the concept’s credibility poses its own dynamic undercurrents. The greatest hope at sustainable development for Iraq’s situation is to shape and implement a legislated framework through public participation, responsible legislation along the lines of globally accepted sustainable development principles. This research aims to provide various options for a legal framework for sustainable development keeping in view Iraq’s peculiar circumstances. The various challenges confronting Iraq on domestic, regional and international forums for sustainable development are discussed at length, and legal solutions are provided through an examination of international practice, stakeholder views and emerging best practices.

The thesis analysed unique data collected in the Environmental Law Foundation (E.L.F.), a London-based charity with a network of legal advisers located throughout the UK. It had two main purposes: firstly, to prove that costs constitute a barrier to judicial review and; secondly, to understand better the concept of environmental justice in light of polycentricity. Environmental justice focuses on patterns of disproportionate exposure to environmental hazards and promotes increased access to information and participation in decision-making. Adjudication is said to have a limited role in achieving environmental equity as it rarely addresses issues of political and economic distribution. The thesis analysed the UNECE Aarhus Convention which is binding in the UK. It is alleged that the UK Government is in breach of the Convention’s third pillar which requires access to a review procedure not to be “prohibitively expensive” (art 9(4)). E.L.F. receives calls for support from primarily poor communities facing environmental problems and refers the viable ones to a legal adviser for free initial advice. The study reviewed 774 referrals focusing on 219 of these at various stages of judicial review. A half of these referrals received a negative opinion as to the prospects of success at judicial review and the remaining half were advised to proceed. In the latter pool there were 54 cases which were prevented by the cost barrier. A significant number concluded in out-of-court/in-court settlement. The latter sample consisted of planning law-based claims which are polycentric due to the variety of involved interests. The data was also matched with the Indices of Multiple Deprivation to show polycentricity. The findings were analysed through the participatory thesis of judicial review and the concept of limits of adjudication. Thus access to adjudication may create opportunities for engagement and contributes to achieving environmental justice.

This thesis investigates in depth the implementation of family planning regulations in China at the grassroots level with a focus on the period from the 1990s to the end of the 2000s, and the social environment in which such implementation takes place. The main evidence sources were collected during 5 months of fieldwork, and include close observation, in-depth interviews, questionnaires, archival records (secondary and official data), statistical data, and internal reports. Since the 1990s, China has experienced rapid economic development and has also introduced a new democratic system into the village: the village committee election. Thus in addition to the resistance caused by the traditional reproductive culture, these new factors also present themselves as obstacles to the smooth implementation of the family planning regulations. By adopting political science institutionalism theory and a socio-legal research method, this research aims to analyse the factors influencing the grassroots level officials’ implementation in a broad social environment. Following an explanation of the formal and informal organizational settings of the town family planning agency, this thesis also explores the town family planning officials’ degree of autonomy in implementation and the criteria they apply to their own decisionmaking. This thesis argues that family planning implementation in the grassroots rural China has been influenced by the following factors: the formal and informal organizational structures, new democratic system influences, the economic development level, employment conditions, culture and convention, the relationships among various interest groups, and family planning officials’ understandings of their work, as well as the imperfect legal environment. All these factors interact with each other to bring about the complexities and discrepancies in implementation.