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If this thesis has to be expressed in one sentence and not in many thousand words, it is the following: Judges should love all those who are affected by their decisions as they love themselves. This is the key idea of the whole thesis. The argument for the importance of the principle of love starts from the consideration of two theories: the psychological theory of law developed by a Polish-Russian academic, Leon Petrazycki, and the moral theology of Thomas Aquinas. The theory of Petrazycki, which is almost unknown in the West, is important because it grounds the principle of love in the emotions and impulsions of those who are involved in the legal process. He sees the whole law as a complex interaction of individual impulsions, among which love is the most noble. The theory of Thomas Aquinas is important because it contains a developed idea of conscience. His search for the essential characteristic of a good conscience also points to love, even though he did not articulate it clearly. The combination of both theories allows us to look at the principle of love as the essential characteristic of a good conscience from different angles, and helps us to see that the whole process of judicial decision-making is a complicated phenomenon which comprises both moral intuitions and rational deliberations. The central place in the thesis is devoted to elaboration of the method of agapic casuistry which is a complex of skills and techniques of application of the principle of love in particular situations. The meaning of the principle of love is clarified through drawing on the traditions of Christian ethics. Love is understood as a care for another, as a genuine willingness to do good to others for the sake of the others. The method requires that the judges apply legal rules in a flexible way after reaching as deep an understanding as possible of the motives and moral views of the parties to the process, and after examining themselves with the purpose of neutralising moral prejudices and biases. Based on this method, the practices of impartial sympathy judgement and watchfulness are considered paramount in order for the principle of neighbourly love to operate effectively in the process of judicial decision making. The practical character of agapic casuistry is illustrated by examples of judicial decisions in four different courts: the House of Lords, the Scottish High Court of Justiciary, the Russian Constitutional Court, and the European Court of Human Rights. Four different aspects of judicial decision-making are taken in order to demonstrate that the judges can and do love their neighbours actively.

The present work examines naval exclusion zones, with particular emphasis on the jus in bello applicable to such zones. The issues presented by the establishment and use of naval exclusion relate to many aspects of the law of the sea and naval warfare. Naval exclusion zones represent an important issue for national security policy makers, in that the use of such zones during armed conflicts at sea can limit the geographic scope of the conflict. While such zones may promote the principles enshrined in Article 51 of the UN Charter and discourage belligerents from waging naval warfare on a global scale, the use of such zones have the potential for disaster, in that naval commanders who mistakenly operate under the assumption that such zones are “free-fire zones” run the risk of unlawfully sinking hospital ships or other protected vessels. Moreover, naval exclusion zones have become increasingly common during modern naval conflicts, including the Falklands, Iran-Iraq and Persian Gulf Wars. Finally, even when used within the bounds of international law, naval exclusion zones still have the potential to disrupt commercial uses of the seas since they often cut across the claims of neutrals, potentially interfering with neutral commerce, oil exploration or fishing. This thesis traces the development of naval exclusion zones, with particular emphasis on the following: • The historical uses of such zones • The permissible threatres of naval operations under the modern law of the sea regime • The permissible scope of activity within such zones vis-à- vis belligerent warships and merchant vessels • The rights of neutrals in and around naval exclusion zones • The legality of such zones as analysed through the traditional sources of international law The thesis then concludes with recommendations for clarifying and strengthening the rules concerning the scope of permissible activity within such zones.

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This thesis draws on a wide range of primary sources in order to explore the criminalisation of children in nineteenth century Scotland. The analysis is set in the context of far-reaching changes in the administration of criminal justice including the expansion of urban policing, alterations in criminal procedure and legislative developments. Against this background the thesis examines the impact of pragmatic, religiously inspired philanthropy on reform of juvenile justice in Scotland and argues that Scottish reformers in the 1840s and 1850s achieved a remarkable degree of success in setting up a unique pre-statutory national experiment to deal with juvenile offenders. This innovative diversionary system was based upon the concept of the day industrial school, first set up by Sheriff William Watson in Aberdeen in the early 1840s. A genuine welfare initiative, the day industrial school was preventive in approach, aimed at rescuing vagrant, destitute children and juvenile offenders from a life of crime. Instead of being sent to prison children were sent by the courts to the schools where they received education, food and training in a trade. This system provided a model which was emulated in the reform of juvenile justice throughout the UK and was also of international influence. However, one of the key contentions of this thesis is that from 1854 onwards the pre-statutory Scottish system underwent a process of transformation as it adapted to changes associated with the advent of a statutory UK framework governing certified industrial and reformatory schools. Pressures for uniformity, in the shape of centralising influences and standardising UK wide legislation, combined to subvert the humane ethos of the Scottish pre-statutory system. To the dismay of the original advocates of reform in Scotland the statutory system evolved in a way that they had not anticipated: by the closing decades of the nineteenth century diversionary systems for young offenders had developed into a mechanism for channelling large numbers of children into prolonged detention in residential industrial and reformatory schools, establishments which were penal in character. This entailed criminalisation of children on an immense scale, impacting in a particularly dramatic way on Scottish children. However, despite the enormous gulf between the benign aspirations and high idealism of the early Scottish reformers and the eventual dismal outcome in practice, there was evidence of an abiding current of humanitarianism still flowing through the Scottish system. This left its mark on the Scottish approach which continued, in some respects, to reflect the humanitarian legacy.

The delimitation question of the continental shelf has been a controversial issue since the early stages of the continental shelf doctrine. Two sets of rules and principles have so far been relevant to the delimitation question. These are, the Conventional solution of Article 6 of the 1958 Convention on the Continental Shelf (the equidistance/special circumstances formula), and the Customary solution of the 1969 North Sea Cases (the equitable principles/relevant circumstances formula). Three issues appear to have been the main problematic areas of these two solutions, namely, the actual stand of both solutions concerning the equidistance principle, and the meaning and scope of the special circumstances clause and the relevant circumstances clause. The main concern of the present thesis is these three problematic issues. The thesis is divided into two parts, which in turn are divided into six chapters. Because the said issues, by their very nature, are connected with the problem of the legal, geophysical, economic and political bases of the doctrine, Chapter I provides a general background aiming at identifying such bases. The Second Chapter examines the Conventional and Customary solutions using analytical and comparative perspectives. In Part Two a thorough examination of the said two clauses is attempted. Chapter III examines the available State practice and the judicial and arbitral cases aiming at identifying the meaning and scope of the relevant circumstances clause. Chapter IV discusses each individual relevant circumstance in order to determine their features and requirements. In chapter V, the special circumstances clause is examined, wherein its meaning and scope as well as the features and requirements of each individual special circumstance is discussed. Then the last Chapter provides the conclusions of this study. In the course of examining the said problematic issues, it seemed that any attempt to provide relevant clarification would be doomed to failure unless it was based on a sound criterion. Accordingly this thesis endeavoured to search for such a criterion, which was eventually found to be the irredressable disproportionally distorting effect principle. In the light of this principle, the thesis tries to prove that the relevant circumstances and the special circumstances clause, so far, have managed to embrace identical categories of circumstances, and hence they have the same meaning and scope; and the actual stand of both, the Conventional and Customary solutions, concerning the equidistance principle is identical. From this another conclusion followed. That is, the Customary and Conventional solutions are so far identical.

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On 27 April 1998, the European Union (EU) removed the People's Republic of China from its list of non-market economies (NMEs) due to the progress made under China's economic reforms. After that, it has applied a hybrid anti-dumping policy towards imports from China, including the use of the analogue country method, conditional market economy treatment, one country one duty rule and individual treatment. However, there has been no significant change as far as the EU anti-dumping authority's practice is concerned. This is inconsistent with China's current economic status as a transitional economy with many sectors very close to a market economy. This thesis analyses the implementation of the policy and explores its legal problems and issues from both a theoretical and practical standpoint. The study begins by examining the origin of EU anti-dumping legislation - the General Agreement on Tariffs and Trade (GATT) anti-dumping rules. It identifies the legal problems of EU anti-dumping practice in the context of China's economic reforms starting from 1979. In order to suggest solutions to several of the problems thus identified, comparative studies are made to reveal alternative strategies by illustrating the anti-dumping legislation of the U.S, Australia, New Zealand and Japan insofar as it is applicable to China. Due to China's accession to the World Trade Organization (WTO) on 11 December 2001, new issues and disputes may arise with regard to the EU's anti-dumping practice. With regard to all of these issues, this thesis finally attempts to propose solutions to both the EU and China.

This thesis is a comparative and analytical study which comprises of an analysis of the rules of the seller's liability for non-conforming goods of four legal systems; Korean law, English law, the U.N. Convention on Contracts for the International Sale of Goods (1980) and the E.C. Directive on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees. The purpose of this study is to ask whether there is any need to introduce a unified liability system into Korean law and how to achieve the system under the existing law in order to overcome all the complexities caused by the separate existence of the general liability for non-performance and the seller's guarantee liability. A further purpose is to investigate how effectively the rules of the seller's liability for non-conforming goods protect the reasonable expectations of the parties; in particular, the interests of consumers and private sellers which are distinguished from those of commercial buyers and business sellers, respectively, and where the issue is not directly related to the particular interests of consumers or private sellers, the common interests of all the parties. The study is conducted by an internal evaluation within the boundaries of law in a legal context and an external evaluation in light of 'efficiency' as used by economists. It shows, first, that Korean law needs a unified liability system which is based on a contract to resolve the problems originating in the distinction between the general liability as a contractual liability and the seller's guarantee liability as a legal liability. Second, achieving a genuine unified liability system require one's interpretation that rescission and damages in the seller's guarantee liability should be as they are in the general liability. This would settle other problems inherent in the casuistic distinction between the general liability as a fault liability and the seller's guarantee liability as no-fault liability and its consequences in interpreting damages under the seller's guarantee liability. Finally, in what aspects of the seller's liability for non-conforming goods each jurisdiction fails to reflect the interests of consumers and private sellers, and the common interests of all the parties.