It is generally accepted in legal and bioethical discourse that the patient has a right to self-determination. The competent patient should be in a position to make informed decisions about his/her care. In practice, this is often not the case. Paternalism, the approach to medical practice that left decision-making in the hands of the doctor, is waning and it is increasingly recognised in both the legal and medical arenas that there are values other than medical factors which determine the choices that patients make. Unfortunately, these developments have not resulted in huge advances for patient self-determination. This is largely because the mechanism by which the law purports to protect self-determination – the consent model – has fundamental flaws that constrain its effectiveness. In the last three decades, various attempts have been made to reconceptualise consent on order to make it fit for purpose, but these have achieved only limited success. This thesis starts with the premise that it is often more productive to consider what an alternative model has to offer, than to persist with amelioration of a model that is fundamentally flawed. The limitations of the consent model are discussed and a novel model, the property model, is advocated. The theoretical underpinnings of this model and its structure are presented. Essentially, the patient’s bodily integrity is protected from unauthorised invasion, and his/her legitimate expectation to be provided with the relevant information and opportunity to enable him/her make an informed decision regarding treatment is taken to be a proprietary right. It is argued that the property model potentially overcomes the limitations of the consent model, including the obstacle caused by the requirement to prove causation in consent cases. The property model provides a means by which the patient’s right to self-determination can be recognised as a distinct legal right. The model does not create new rights, only seeking to afford stronger protection of an existing right. No constitutional, professional, or other conflict is generated by applying property analysis to patient self-determination. The model fits with the rights-based approach that the courts have evolved in UK consent cases, and is consistent with modern medical professionalism.

States are on the brink of entering an age of total cyber-warfare without due regard to its legal ramifications. In particular, there has been no express agreement on which principles of international law are applicable, which legal methods should be used in approaching cyber-attacks, which previous state practice (if any) is relevant, what institutions are responsible for handling this threat and how they are going to coordinate action amongst each other. While members of the Shanghai Cooperation Organization (led by the Russian Federation) have repeatedly suggested developing and agreeing upon special written norms that would govern the conduct of cyber-hostilities, the United States and some of its allies continue to reject these proposals, arguing that the existing international law already provides a comprehensive framework necessary to tackle cyber-warfare. The present thesis does not contest (and, in fact, supports) the idea that contemporary jus ad bellum and jus in bello, in general, can accommodate cyberattacks. Instead, it argues that existing international law features a large amount of significant imperfections that can be exploited in cyber-warfare. It provides a comprehensive analysis of the jus ad bellum and jus in bello regimes as they apply to cyber-attacks with a view of mapping out exploitable gaps, deficiencies and uncertainties and offering further remedies that could eliminate them. Therefore, the research focus lies on revealing elements of existing international law that do not perfectly fit the threat of cyber-attacks. For this purpose, the general politico-legal framework of and norms pertaining to the use of force and humanitarian law are analyzed. The study is supplemented by looking into inter-related rules, which bear secondary importance for the purposes of this thesis, that is those surrounding conventional terrorism, United Nations law, international criminal law, principles of territoriality, sovereignty, jurisdiction and so on. At the same time, in addressing technical matters, an attempt is made to present the danger of cyber-attacks realistically. As a theoretical foundation, the current thesis recognizes the central role of states in cyber-warfare, run by governments, who interpret and want others to interpret international law in a way that best suits their interests. Furthermore, it acknowledges that their behavior is somewhat tampered with by the strongest elements of natural law and that, while, legal norms may be treated as irrelevant, their violation has negative political consequences.

The starting point for this thesis is the established position that in free economies, by protecting the operation of demand and supply, competition law and policy (i) maximizes consumer welfare and consumer satisfaction, better than by (a) government controls and regulation or (b) unregulated competition, and (ii) contributes to economic growth and development. Competition is assumed to apply as a necessity, equally to developed as well as developing economies, with Nigeria taken as a proxy for resource-dependent developing economies. The contents of the thesis are underpinned by the question: what is the extent to which competition law and policy could be employed to promote the efficient allocation of resources in resource-dependent developing economies? The submitted views are partly based on an analysis of the objectives of competition law and policy, for determining whether resource-dependent countries have peculiar problems, and if the answer is in the affirmative, whether the general standards in competition policy are sufficient to address them. This analytic approach is the same as the one underlying the draft Federal Competition Bill (FCB) in Nigeria, as an example of an appropriate competition instrument in a resource-dependent country. The thesis examines some of the standards in the United States of America (USA) and European Union (EU) competition policies, such as those concerning agreements, abuse of dominant position and mergers, to determine whether the same rules could apply in all economic regimes, and which competition model could be best adopted by resource-dependent developing countries, with Nigeria as an example. Competition standards and both primary and secondary competition problems that could distort the process of competition, as well as constraints which may emerge in the competition process in developing countries are explored. Some of these, as problems, include the issue of ‘resource curse’, rent seeking, corruption, abusive business practices and a few others. Their examination is in the thesis aligned with the scrutiny of the characteristics of developing countries in contrast to developed countries; again, the economic circumstances of Nigeria, as a proxy for resource-dependent developing countries, are considered for determining whether competition law and policy could be used as a tool for addressing competition problems that may exist in resource-dependent developing countries. The conclusions of the thesis underline the types of economic problems for which competition law and policy, with the economic development of resource-dependent developing countries in mind, could be used to address, especially restrictive trade practices, abuse of dominant position and mergers that could substantially lessen competition. Furthermore, the (even if limited) role of regulation is argued, that is, in the face of any expected limitations of competition in certain sectors of an economy undergoing liberalization in the wake of current international merger waves. Not least the importance of establishing a competition agency to administer and enforce it is underlined, that is, independently from the influence of the government. It is argued that for the draft FCB in Nigeria to become an appropriate competition instrument, the power and mandate of the Federal Competition Commission must be reviewed, with sufficient powers for the task, also for promoting the wide objectives anchored in the draft Bill. It is also pointed out that competition cannot on its own directly resolve, in Nigeria, the peculiar socio-economic problems such as rent seeking and corruption, but it is argued that with an active engagement of competition advocacy, along with the adequate implementation of competition law and policy, the problems could be greatly reduced. The thesis highlights, among other recommendations, the need for further research on competition problems relating to resource-dependent countries.

This thesis is concerned with the question of whether the Korean competition authority is well prepared for the open market with regard to vertical restraints. This further brings some issues such as of whether the authority partially scrutinises enterprises without proper evidences based on economics. This question has come from the following, ‘what is the fundamental matter in competition laws of Asian developing countries which have different economic development backgrounds than western developed countries?’ This subject has brought a question, even now, to the point the relationship between macroeconomic and microeconomic policies in the middle of competition law. Most of competition scholars focus on microeconomic way of competition law and policy but, in fact, it often seems that macroeconomic concerns have influenced competition laws in developing countries such as the Republic of Korea. Because the Korean economy is still fledging and experiencing further challenges for development, the Korean competition law should be more experimented in order to adjust to the rapid changes in global economy. This task should be done in both macro- and microeconomic levels and also a critical analysis of competition law of the Republic of Korea with reference to the US and the EC since these regimes have diverse legal techniques. Furthermore, since the Korean competition law was heavily influenced by the Japanese antimonopoly law, a comparative study of the Japanese law is necessary. This thesis aims to develop the Korean competition law on vertical restraints through a critical assessment by economics and comparative studies. This is, therefore, the first means for testing concerning vertical regulation that is probably still controversial in the Korean market.

This thesis argues that international regimes exist within the international legal order. The use of regime theory to explain international regulation of an issue-area, although first introduced as a legal concept, has been primarily explored in the discipline of international relations. That discipline has for the most part, however, under-emphasised international law. In an effort to promote interdisciplinary research on the nature of the international legal order, this thesis explores the concept of international regimes within the international legal order, using examples of global environmental change. A discussion of the schools of thought within international law is undertaken, with the policy-oriented approach to be utilised in this thesis. The policy-oriented school, which views international law as a process, can incorporate the process of regime formation and development within its framework. An examination of the general international law applicable to climate change and ozone layer depletion is then undertaken, to help explain the need for regime formation in those areas. A discussion of the role of regimes within international law follows, including their formation, maintenance, source of legal obligation, and compliance mechanisms. The strength of a regime's normative or shared expectations, or norms and rules, depends on the shaping of cognitive expectations, or knowledge. These cognitive expectations are in turn dependent on the degree to which uncertainty regarding issues critical to the particular regime has been overcome. An examination of the critical issues particular to climate change and ozone layer depletion is made, as well as how regimes can overcome uncertainty. This is followed by a discussion of regime catalysts. Analyses of the ozone layer depletion and climate change regimes are then made, and an argument for their inclusion as law within the policy-oriented school is made. The thesis concludes that regimes are present within the international legal order and play a vital role in maintaining that order. Thus, this thesis aims to make an original contribution to the discipline of international law through the study of regimes, which signal the presence of the international legal order where it has previously been ignored or deemed nonexistent.

Current literature relating to information and communication technologies (ICT) in K-12 teaching and learning offers positive and cautionary perspectives. Overall, there exists great optimism about the benefits of ICT-mediated learning for students. Below, we review literature on ICTs in K-12 education, with emphasis on technology-supported constructivist learning, the challenges and pedagogical implications of educational technologies, changing roles for teachers, and technology in the classroom. In Part II, we will review literature on K-12 learner issues that can affect successful learning using ICTs. We will report on learner satisfaction with online learning, current thinking on skills of successful online students, and existing theoretical discussions of technology and learning styles. We will review student diversity and ICT-mediated learning, student differences, which challenge online learning, and the opportunities offered by ICTs for particular subgroups of learners. Overall, we offer a snapshot of current literature on effectiveness of ICT-mediated learning from the perspective of the K-12 learner.

Current literature relating to information and communication technologies (ICT) in K-12 teaching and learning offers positive and cautionary perspectives. Overall, there exists great optimism about the benefits of ICT-mediated learning for students. Previously, we reviewed literature on ICTs in K-12 education, with emphasis on technology-supported constructivist learning, the challenges and pedagogical implications of educational technologies, changing roles for teachers, and technology in the classroom. Below, we review K-12 literature on learner issues that can affect successful learning using ICTs. We report on learner satisfaction with online learning, current thinking on skills of successful online students, and existing theoretical discussions of technology and learning styles. We review student diversity and ICT-mediated learning, student differences which challenge online learning, and the opportunities offered by ICTs for particular subgroups of learners. Overall, we offer a snapshot of current literature on effectiveness of ICT-mediated learning from the perspective of the K-12 learner.

This dissertation looks at the way in which the shifting configurations of nation, gender and future in Micah might affect readers' positioning as subjects---that is their positioning as agents of speech and action---in a way that might engender resistance to oppression. It is suggested that if readers of Micah identify with the ambiguous and shifting national and gendered identities, within the context of the book's visions for the future, they are urged to recognize contradictions within their own subjectivity. This has the possible effect of shifting the reader's pre-formed subject position, or at least interrogating it, a process which may allow for resistance to oppression. The theoretical problematic for this approach originates within recent discussions of textual determinacy in biblical and literary criticism: "is it the text or the reader that controls meaning?" The work of theorist Homi K. Bhabha on the negotiation of cultural difference in colonial and post-colonial contexts is used to engage the position---common to much contemporary literary and cultural criticism---that the reader comes to the text already formed as a subject within ideology, and that this will necessarily affect or control the way she reads the text. Zizek's reading of Althusser through Lacan is taken as a starting point for an understanding of "subject formation" thus conceived. This position, which tends toward the fixity of the subject, can be seen as analogous to Bhabha's discussion of the role of "pedagogical objects and discourses" (cultural icons, stereotypes, formative events) within the construction of national identity. By way of contrast, Bhabha's key concepts---hybridity, third space, outside the sentence, liminal identification, time-lag, agency in indeterminacy; in short performative practice---envision an identification with difference in a way that allows for the subject to be repositioned and for meaning to be reinscribed. Bhabha's notions of pedagogical object and

This thesis examines the practices and procedures of the Human Rights Committee, the body established under the International Covenant On Civil And Political Rights (ICCPR) (1966). Chapter 1 examines the origins of the ICCPR, the principal drafting issues that arose, and the significance of the ICCPR in international law. Chapter 2 examines the organisation and the institutional characteristics of the Human Rights. Committee. Chapter 3 examines and evaluates the practices and procedures of the Human Rights Committee under the reporting procedure in article 40 ICCPR. Chapter 4 examines and evaluates the practices and procedures of the Human Rights Committee under the provisions for individual communications in the Optional Protocol to the ICCPR. Chapters 5-12 examine the jurisprudence of the Human Rights Committee under the reporting procedure (article 40) and the Optional Protocol in respect of selected articles of the ICCPR. Chapter 5 considers article 1 (self-determination). Chapter. 6 considers article 2 (general obligations to respect and ensure the rights in the ICCPR, to give effect to it, and to provide a remedy in the event of violation). Chapter 7 considers article 4 (derogation provision). Chapter 8 considers article 6 (right to life). Chapter 9 considers article 7, (torture and other prohibited treatment and punishment), and, in part, article 10 (treatment of persons deprived of their liberty). Chapter 10 considers article 14 (fair trial). Chapter 11 considers article 19 (freedom of opinion and expression). Chapter 12 considers article 20 (war propaganda and advocacy of national, racial or religious hatred). Chapter 13 provides a general appraisal of the the work of the Human Rights Committee.

This thesis is a genealogical inquiry into law’s conditions of possibility for political critique as/and resistance. Questioning law’s claim to normativity, it argues that law is a performative discourse that generates and presents its normative materiality through performative iterations. From the constitution of sovereignty to the formation of the legal subject; from the rituals of legislation to ceremonials of adjudication, there is a performative logic that contingently conditions law’s generation of the normative reality of the present. Arguing that law’s normative representation and expression of sovereignty, the subject, and politics closes the possibility for change and becoming; contesting law’s claims to rationality, objectivity, neutrality, autonomy, and universality; it puts forth a performative epistemology of law that is attentive to power and discourse; and to the production of knowledge’ and the ‘generation of truth.’ Calling attention to law’s entanglement with power and the violence of exclusion and domination; it brings historical inquiry into the orbit of law and legality. The thesis presents the political trial both as: (1) a moment that subverts law’s normative claims to rationality, autonomy and value-neutrality; and (2) as a power-knowledge formation capable of accommodating fresh articulations of hegemonic norms. Drawing on Foucault’s conceptions of power and resistance, I will offer strategies and tactics that: (1) formulate and circulate strategic knowledge of power in law; and (2) open up new sites of struggle for what I call a performative-genealogical intervention.