Health is an important matter for both individuals and states. Since the adoption of the Universal Declaration of Human Rights 1948 (UDHR), health has been categorised as a human right. In the years following this Declaration, many international treaties and national constitutions have emphasised this issue;for example, article 12 of the International Convention of Economic, Social and Cultural rights 1966 (ICESCR). However, as this thesis notes, the language in which this right is cast varies. This, it is argued, is problematic for any attempt to vindicate the right and ensure its justiciability. Accordingly an alternative definition is explored and clarified in what follows. In first chapter, the focus is on arguing that, the current phrases such as ‘right to health’, ‘right to medical care’, ‘the human right to highest attainable standards of health’ and ‘right to health protection’ are vague and weak and may prevent a clear understanding of the expectations that people may legitimately have. The main outcome is to describe a workable and more precise right which can also be legally enforced; that is, the right to health care. In the second chapter, the legal sources of the right to health care in international law are explored. In particular, it is argued that there are obligations on states to implement this right and, as members of the international community and the main subject of international law, to take all necessary steps to put it into practice by translating these obligations into domestic law, thus ensuring that health care is treated as a human right In addition, this chapter also describes the general principles of human rights, such as non-discrimination, participation and equity, that ought to be taken into account by the state`s authorities when they implement the right in question. The following two chapters are devoted to examining the status of the right to health care in the United Kingdom and Libya as models of developed and developing countries.According to health Act No 106 of 1973, health care appear to be simply human right in theory in both national law and international commitments however in practice the government as well as the judiciary did not take it seriously. As result, the case laws have not considered such right as human right nor a legal right for Libyans. In the UK, the reluctance of the government to treat health care as legal right has not stopped judges to evaluate health decisions makers and adjudicate whether such decisions were proper with the case in question. Thus, the chance for UK citizens to review the decisions of the health authorities is wider under the judicial review in terms of legal right rather than human right. In the conclusion, it is proposed that the main problem in according the right to health care the status of a human right is not in fact related to any inability of the judiciary to deal with social and economic rights, nor is it reliant on disagreement about the legal nature of the right and whether it should be categorised as a negative or a positive right, but relates rather to the meaning of the right and what it should include. It is further proposed that the right defended in this thesis – the right to health care – can solve this problem by clarifying the nature and content of the right. The UK experience shows that when such clarity exists, the debate about whether or not the right exists or is justiciable becomes irrelevant. Equally, the state can ignore the international distinctions between types of right and invest health care with the status of a justiciable right in domestic law. While the interim Libyan Government refers to a right to health care in its new constitution, it is clear that political will is necessary to translate it into reality. The Libyan state has much to learn from the healthcare and legal structures of the United Kingdom; particularly it can learn from examination of the mechanisms by which the UK, and other European nations and organisations, have effectively avoided the debate about whether or not the right to health care can be categorised as a human right by developing jurisprudence that renders it clear and justiciable in and of itself.

This thesis is concerned with REACH, the EU Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals, and its regulator, the European Chemicals Agency (‘ECHA’). It has two overriding objectives. The first is to provide an exposition of REACH. The Regulation is vast and has been called, "possibly the most controversial and complex piece of legislation in European history", by one of the EU Commissioners who oversaw its genesis. Despite (or possibly because of) this, there is comparatively little substantive writing on REACH. The second aim of this thesis is to explore REACH using new governance literature and, in particular, writing which looks at post legislative norm elaboration via the use of guidance. The text of the Regulation stands at more than 130,000 words. The most recent consolidated version of REACH is 516 pages long. The Regulation is complex and dense and lengthy. Accompanying this complex legislation are more than one million words of official guidance produced by ECHA. To date, there have been a small handful of case studies which use particular legislative regimes to explore the challenges posed by post legislative norm elaboration via guidance. The yoking of post legislative soft norms to REACH has seen a complex transformation; one which was only partially foreseen in the Regulation (and likely also only partly foreseen in the minds of the legislature). As such, REACH is a good example of an evolving system of EU governance that is both associated with the Community Method and is also differentiated, new, complex and nuanced. However, REACH also acts as a challenge to a number of assumptions in the new governance literature, including: that new governance is non-hierarchical; that yoked soft norms are complementary and come only from the state; and that soft law elaborates solely on framework norms.

The growing awareness of the inadequacy of international law as a means of addressing current environmental problems has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, according to the Stockholm Declaration of the United Nations Conference 1972, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns. This thesis assesses the possible approaches and the limitations of the protection of the human rights to a healthy environment under the International Bill of Rights. The current international human rights law does not expressly provide for the human rights to a healthy environment. The thesis considers how the environment may be protected both through the application of presently accepted human rights and through the establishment of new human rights to a healthy environment. This thesis goes on to discuss the relationship between the international human rights law and the international environmental law, thereby giving an example of regime interaction. This is of strategic importance to understanding the meeting point of the two areas of law in this thesis. The need for sustainable development and the challenge of climate change have come to the fore and they both give urgency to the need for a human rights approach for the protection of the environment. There are concerns about whether there is a need for the provision of the human rights to a healthy environment in the international human rights law as existing rights are considered robust in themselves to protect the environment. This thesis will investigate the claim whether there are currently binding human rights to a healthy environment under the international law while building a solid argument on the need for a Convention on the human rights to a healthy environment. The thesis addresses the doctrinal and conceptual issues challenging the institutionalisation of the human rights to a healthy environment in the international human rights law. The thesis makes a case on the need for a Convention on the Human Rights to a Healthy Environment. It bolsters the point that the human rights to a healthy environment are long due; however what is lacking, is the doctrinal precision on the best way to institutionalise these rights. The research will attempt to proffer a proposal on the way forward by providing the institutional framework of the rights in a Convention. Before that, there is the need to discuss and settle several other possibilities and their limitations for the protection of the said human rights to a healthy environment. The proposed Convention could serve as a channel to offer a more coordinated, detailed, and well-documented approach for dealing with the linkages between human rights and the environment, as opposed to the fragmented approaches adopted across national and regional levels.

How should the criminal justice system respond to women who conceal their pregnancies, resulting in the death of the foetus or baby? It is widely expected that a pregnant woman will act in the best interests of her unborn child, including submitting herself to medical examination. However, these expectations are not always met and this causes particular problems for vulnerable women who experience crisis pregnancies. In such situations women have hidden their pregnancies, given birth in secret, and are suspected of causing the death of the baby. Alternatively, their actions while pregnant, and during labour and delivery are deemed to have culminated in the stillbirth of the child. While there are no accurate statistics, every year approximately 7 babies/foetuses are known to die in such circumstances during the perinatal period. Through a detailed examination of transcripts from sentencing hearings of criminal cases heard 2010-2014, I explore how and why women involved in such cases have come to be dealt with through English criminal law. There appears to be a strong desire to criminalise women who are perceived to fail to put the foetus first. Criminal justice professionals use out-dated offences to capture these perceived criminal wrongs. I conclude that if the state wishes to punish women for harm caused to the foetus, then the enactment of foetal protection laws would be appropriate. However, as critical assessment of such law in the United States of America illustrates, such laws could have dramatic consequences on the rights of women. The cases analysed in this thesis provide a fascinating lens through which to examine a range of broader issues including, the expectation that women should put the needs of the foetus before their own, and the assumption that motherhood starts at conception and is natural and inherent.

The forward march of biobanking creates the need for an alternative approach to biobank governance. Biobanking encourages medical advancement by making the conduct of health-related research more efficient, by minimising physical harms to participants, and by facilitating personalised medicine and greater understandings of disease. Nonetheless, its characteristics that distinguish it from general health-related research often give rise to many ethical and social issues. For example, multiple and unexpected uses of biobank resources can render conventional informed consent inadequate for safeguarding participants and maintaining public trust and confidence. Also, because the size of a biobank cohort is normally large, biobanking usually requires considerable management resources and this can mean that biobanks can likely be financially dependent upon for-profit entities. This dependency can cause concern among participants and publics about commercial exploitation. These issues suggest that a new approach to biobank governance is required to address them. Indeed, their complexity and the sheer longevity of biobanking itself also suggest that it is relatively feasible and coherent to address them by focusing on a relationship between participants and biobankers. This involves many aspects of interaction and reflects an element of continuity, which is crucial to biobanking success, as opposed to one-off measures. Consequently, with the aim of addressing issues that arise from biobanking, this thesis offers an analysis of the participant-biobanker relationship that can deal with these issues. Such a relationship constitutes an authentic research relationship in biobanking (“ARR”). Based on this premise, the main research question of my thesis is to ask: What form of research relationship is appropriate for effective and ethical biobanking practices? Three sub-questions are raised to solve this top-level research question. They start with a normative question of why the ARR proposed in this thesis is desirable for biobanking. The next sub-question asks what this ARR should look like from a conceptual perspective. For a practical respect on my proposals, the last sub-question concerns the ways in which the ARR can be fostered in practice. To address these research questions, my thesis first establishes the main characteristics of the proposed ARR as the fundamental notion thereof. These main characteristics are used to answer the first sub-question. For the second sub-question, the thesis suggests that the ARR should be based on the concept of partnership, as opposed to solidarity, mainly because partnership can exhibit the main characteristics of the ARR – as argued – and can also be prescribed in a governance manner. The thesis then uses partnership as a basis for proposing the key features of the ARR, which are deemed to be a conceptual framework for the ARR. To answer the last sub-question, the thesis uses this conceptual framework to propose a partnership model for biobank governance that can be used to develop the ARR in practice. My original contribution is to propose a novel approach to an ARR, and this ARR is based on the concept of partnership. In other words, my thesis argues that the pursuit of the ARR, which looks like a partnership relationship, is an important element of biobanking success. In this respect, my thesis is about a sociologically informed role for partnership in biobank governance. It also provides a nuanced epistemological grounding for a participant-biobanker relationship in both conceptual and practical ways. From a philosophical perspective, my thesis proposes an ethical framework for biobank governance that perceives partnership as a virtuous trait for biobankers and provides rules for acquiring this trait through biobanking practices. Notably, it is argued that this partnership is not – nor need it be – the legal paradigm of partnership, which fundamentally refers to for-profit business association. While law might have a role to play in facilitating the development of the ARR, it cannot prescribe the ARR nor should it attempt to do so.

This dissertation examines the claims of "neurolaw" in relation to Christian theological anthropology.

The major concern of this thesis is about the current professional standard of care under Saudi Arabian medical law, regarding doctors’ duty to disclose information and risks to competent adult patients about a proposed medical treatment. Additionally, the thesis has highlighted other legal deficiencies that occur as a result of applying the professional standard in Saudi Arabia and considered how reforms can be introduced, based on English law experience in a way that is in harmony with Islamic Sharia. The thesis has undertaken a novel approach by critically studying and comparing the current practice in Saudi Arabian medical law to the comparative English law approach. The reason for this is to provide a comprehensive legal literature review based on the extremely well- developed English law experiences in the same matters. Realising the significance of the principle of the respect for autonomy, the thesis has placed a noticeable emphasis on this principle by arguing that considering and respecting autonomy would lead the law to protect the patient’s autonomy and self-determination in a medical context. The thesis has argued that both Western and Islamic Sharia medical ethics have considered the notion of the respect for patients’ autonomy, but that consideration has been approached differently, as the thesis has shown. Further, the thesis has critically discussed how the English law standard of care has been developed in the last three decades, in order to move from the professional standard of care to a new standard that protects patients’ autonomy and self-determination. These developments and years of experience have provided sufficient arguments and supports for the thesis’s motion to recommend and suggest that Saudi Arabian medical law departs from the professional standard and adopts the prudent patient standard to protect patients’ autonomy in compliance with Islamic Sharia. In addition to proposing a legal formula for the prudent patient standard that can be adopted by Saudi Arabian medical law, this thesis has also proposed other formulas as solutions for other legal deficiencies, based on English law experience and in accordance with Islamic Sharia.

The main areas considered within this qualitative study are the extent to which the Adult Support and Protection (Scotland) Act (2007) (ASPA) impacts upon the civil and human rights of adults’ by exploring the “problem” it was developed to resolve, the reality of implementation and the construction of thresholds for intervention in practice. Despite a level of clarity about the need for this legislation inconsistencies of understanding about where the ASPA should be targeted created challenges for implementation, particularly around the issue of capacity. The scope of the population for whom the ASPA was intended remains sizeable and broadly unformed. The vision of the framers that the ASPA would provide support and protection for a range of adults at risk of harm without being overly intrusive in their lives appears, at least partly, to have been realised. Challenges to implementation have largely focused on; the parameters of the ASPA and the population it aims to protect, the conceptualising of what an adult protection referral might consist of and the impact of this understanding on thresholds for intervention. Procedural challenges identified were specifically related to the involvement of health and the understanding of adult protection of other stakeholders, for example the police, inconsistent recording of data and information sharing. The interaction between formal and informal knowledge and consideration of a range of key concepts drawn upon by practitioners to determine thresholds for intervention creates a built in inconsistency of approach with a clear element of subjectivity. The rights based approach integral to all intervention under the ASPA, was well applied by the practitioners in the study and could be considered to have protected the citizenship of the adults to some extent. Perhaps more accurately it could be said that the already conditional citizenship experienced by many of the adults was not further eroded.

Human embryonic stem cell research would seem to offer the prospect of developing a greater understanding of, and potential therapies for, common degenerative diseases such as diabetes mellitus, Alzheimer’s and Parkinson’s disease. Despite the fact that some Irish institutions engage in such research, Ireland is one of the few countries in Europe which has failed to produce any relevant regulatory framework or legislation. This is largely because embryo research and its regulation remain mired in conflicting socio-political values and interests, despite the fact that the in vitro human embryo is not afforded any legal protection under the Irish Constitution. This thesis seeks to examine the current Irish legal lacuna in relation to embryos and embryonic stem cell research. The first of the three papers making up the core of this thesis reviews the background to the moral, legal and social factors that have contributed to the extant Irish position. A description of the divergent policies enacted in other jurisdictions is also given to outline possible policy options which may be considered by Ireland in the future. The views of relevant stakeholders on the impact of the regulatory lacuna are explored in the second paper through a series of semi-structured interviews. These interviews highlight a surprising level of consensus on the need for the Irish legislature to act and introduce regulations to provide certainty, in one way or the other, in this area of scientific innovation. A procedural mechanism is proposed in the third paper which could allow the development of policy and concomitant regulation in Ireland in this area. It is hoped that the procedural process and resultant framework would be sufficiently inclusive as to be acceptable to the majority of people in Irish society. In conclusion, it is argued that it is undesirable that a modern pluralist democracy (as Ireland aspires to be) should regard legislative inertia and non-regulation as the preferred method of dealing with morally challenging scientific endeavour. Instead, appropriate procedural mechanism should be utilised to allow for the development of apposite policies.

The need for product safety regulation is no longer a source of debate. It should be the primary aim in any consumer protection policy. This is due to the fact that there are a lot of consumer goods that are heterogeneous and more technologically advanced that are continually being introduced to consumers. Cosmetic products are currently one of the most popular consumer products. Their increase in sales is evident globally including in developing countries. They are no longer solely associated with women but are being used by all people, of all ages. With such popularity, cosmetics producers are eager to make a profit, which sometimes has resulted in the introduction of cosmetics which are not safe and cause adverse effects. This suggests that there might be a loophole in the adequacy of the safety laws or regulations. The possibility of these safety issues occurring anywhere is generally acknowledged, which makes it a global issue. Although such cases are not as frequent as for other consumer goods such as foods or pharmaceuticals, there is a need to investigate the cosmetics safety mechanisms in order to see if consumers are adequately protected and if the safety mechanisms for cosmetics are efficient. In realising this aim, the study takes three jurisdictions to compare, namely the EU, the USA and Malaysia. Through analysis, the ideal features of cosmetics regulations based on the larger picture of safety regulation generally are also considered. This study contrasts the EU and Malaysia, that have in place government regulation of cosmetics, with the USA that has a different regime for cosmetics, more dependent on self-regulation. Out of the three, Malaysia is the newest country that has introduced a new law on cosmetic products and this has been adopted from the EU model. Although discussions on cosmetic regulations have been undertaken in Malaysia, the legal safety issues to which they give rise have not been investigated systematically in comparison with the EU and the USA. Even in these jurisdictions cosmetics safety is not discussed as much as other consumer products. This thesis also investigates why Malaysia has adopted the EU policy and not some other policy such as the American one. Once the above issues have been considered, the impact of the new emerging technology of nano-cosmetics is analysed. The thesis found that, Malaysia, as with any newly introduced system, has experienced some setbacks and encountered teething problems due to a lack of resources, structure, technical facilities and qualified personnel. However, as a developing nation, it certainly has benefited from the adoption of the EU system. Although there is still much room for improvement, this borrowing has benefited consumers, in so far as safety is concerned, because of the common and standard safety assessments and the responsibility of safety now being placed on the manufacturers. Consumers can also enjoy more products due to the elimination of trade barriers through free movement and cooperation between member states