As the Straits is one of the busiest straits in the world and of great significance for global seaborne trade, piracy and armed robbery in the Straits have a devastating impact on the world economy. While customary international law, the 1982 United Nations Convention on the Law of the Sea (1982 Convention) and other international and regional instruments have established principles and guidelines governing piracy, they are argued to be inadequate and insufficient to deal with contemporary piracy. Since the legal status of the Straits, determined in the early chapter, is that of ‘straits used for international navigation’, which comes under part III of the 1982 Convention, it is the primary responsibility of Malaysia, Indonesia and Singapore (the littoral States) to ensure the continuous safety and security of ships transiting the Straits. In view of the fact that the issue of piracy in the Straits gained global attention, the efforts to suppress piracy are discussed at each level, namely international, regional and national levels. A general discussion on the historical development of the International Law of the Sea and the definitional and jurisdictional issues of piracy is also undertaken. Then, the thesis examines regional responses to the problem of piracy. Since an individual state is an important nucleus in international law, the Malaysian policy and legal framework are highlighted at the end of the thesis to determine the extent of the efforts undertaken by Malaysia especially the MMEA, and to examine whether the existing Malaysian law is adequate to suppress and prosecute piracy and armed robbery against ships. The thesis ends with a conclusion and recommendations for overcoming the problems.

This thesis is dedicated to the analysis of state responsibility, United Nations’ responsibility and individual criminal responsibility of peacekeepers for the crimes committed during Peace Support Operations (“PSOs”). It looks into the way public international law, international criminal, humanitarian and human rights law applies in the context of PSOs. The purpose of the thesis is to show that the UN, troop-contributing states and individual peacekeepers share international responsibility for the violations of international law committed during PSOs. This thesis proves that the conduct of peacekeepers is attributed not only to the UN, but also to troop-contributing states and depends on effective control exercised in fact by the UN Force Commander and national contingent commanders over particular conduct. Both international humanitarian law and human rights law are applicable to PSOs and can be breached by the UN and render it international responsible. Despite immunities and exclusion of the host state jurisdiction, peacekeepers cannot avoid international criminal responsibility in domestic courts and International Criminal Court. Applying the system of international responsibility to the case-studies, the thesis concludes that the UN, states and individuals cannot escape international responsibility by relying on international status and mandate of PSOs.

This thesis contends that the traditional legal and ethical approach to healthcare decision-making for children in mid-childhood is insufficient to meet the needs of those children, their families and the professionals that care for them. To address this failing I present a normative framework based on the Ethics of Care to aid in decision-making. My unique contribution to knowledge is first, to focus on children in mid-childhood (age 8 -14 years old); a neglected group in the jurisprudence, and contend that the current interpretation of Gillick competence and best interests fail to fully appreciate the child’s capabilities or accommodate the families views. Secondly, I assert that the Ethics of Care is well placed to address the needs of children in this age group, whilst fostering child participation. To this end I develop a novel Ethic of Care framework, based upon the work of Jo Bridgeman. Thirdly, I undertake a systematic review of the case law, spanning a 26-year period, and chart patterns and trends in judicial thinking. Finally, I test the utility of the framework by applying it to three areas on the legal fringes: end of life care, living organ donation and treatment for gender dysphoria.

This thesis focusses on the assessing the legality of the responses of the IAEA, the UN Security Council and certain member states to the Iranian nuclear crisis from 2006 to 2015. The purpose of this thesis is to highlight the fact that the Iranian situation was primarily a legal dispute, encompassing various complex legal questions which were largely side-stepped in the handling of the crisis. This thesis examines the mandates of the IAEA and Council to make the case that in numerous instances both engaged in ultra vires actions in their handling of the Iranian issue. This thesis examines the referral of the case by the IAEA to the Council and the resulting enforcement measures, their compatibility with the strictures of the Charter and the Council’s powers. Unilateral sanctions imposed by the US and EU are analysed as countermeasures and their legality as such is assessed, as are the legal issues associated with forcible counter-proliferation measures of surgical strike and cyber-attack. Reflecting on the 2016 outcome, this thesis concludes that Iranian nuclear crisis was prolonged and exacerbated by the failure to treat the situation as a legal, rather than purely political issue.

An analysis of the commercial letters of credit in England and Greece. Contents include the types of letters of credit, the legal relationships, shipping documents tendered under a letter of credit, transfer of the letter of credit, and the banker's security.

This Thesis addresses the issue of which law should apply in cases concerning cross border road traffic accidents. From the perspective of English law it examines the changes which have been effected by the adoption of the EU Rome II Regulation, the likely outcomes of the rules of Rome II, the interaction of Rome II with the Motor Insurance Directives and the complex tripartite relationship between Rome II, the Directives and the Hague Convention on the law Applicable to Traffic Accidents. The conclusion is that Rome II represents a different and more rigid approach to choice of law than previously existed in England and Wales. The dominant aim of Rome II is that of certainty and uniformity. Nevertheless, the competing aim of achieving justice for the parties creates a residual amount of conflict and uncertainty. However, a major criticism of the drafting of Rome II, advanced by this Thesis, is that it failed to recognise the importance of insurance in the settlement of traffic accident claims and to reflect this fact in its rules. This Thesis offers some proposals for reform in this regard.

This study examines similarities and differences in mediation practice across sectors and considers whether variations in delivery are so wide that they cannot be regarded as the same process. The following conclusions are based on interviews with experienced practitioners from a variety of settings: There is far more commonality across sectors than is currently acknowledged among mediators. While there are undoubtedly variations in practice, these are found as much within fields of delivery as between them. Historically, mediation operated within communities and provided social cohesion in the face of conflict and disharmony. As a result of the ADR movement, mediation is now closely associated with the civil justice system and virtually synonymous with ‘settlement’. This limits the potential for addressing ideological aspects of conflict resolution such as enhanced communication and relationship repair. There is an unresolved relationship between mediation and law, and an uneasy tension between lawyers and mediators. This is seen in the evolution of hybrid roles such as that of the ‘lawyer-mediator’. The mediation profession remains disjointed and makes little attempt to engage in dialogue across sectors. Despite core principles in common, there is no one representative voice of mediation and a need for greater clarity and cohesion.

This thesis explores issues concerning the conceptualisation and operationalisation of the right to a fair trial in the Kenyan criminal justice system. In particular, it looks at how and why there have been many difficulties with the implementation of this universal set of values that have been recognised since the adoption of the formal legal system in Kenya, and which have been enshrined in the Constitution since independence. It addresses a number of overarching questions. First, it identifies the factors that hindered the full realisation of the right to a fair trial. Secondly, it enquires into whether the shortcomings of the recently repealed Constitution in that regard have been fully addressed by the new Constitution adopted in 2010. Thirdly, it identifies and analyse the impact of factors outside the formal law which may have affected the practical operation of certain core elements of the right to a fair trial. Finally, in light of the above, it explores a number of approaches that might be used to address these other factors so as to help achieve at least a better, enforcement of fair trial rights in the country.

It is almost axiomatic in Cameroon that a succession decision would engender one social problem or the other. It is either open confrontation or the scare of witchcraft which inhibits the peaceful enjoyment of the property by the victorious parties. Most excluded persons resort to crime as a means of livelihood, and the propagation of HIV/ AIDS is partially blamed on the rules of succession which drive women into prostitution. The problem is that the intestacy rules are far removed from the reality and hence exclude meritorious family members. They ignore the fact that the deceased’s duty of maintenance towards certain members of the immediate and extended families needs to be continued by the estate, and enshrine instead, the principle of precedence which favours the nuclear family, to which customary law even ascribes a restricted meaning. Wills are an unreliable alternative. Few persons make them, and when made, there is no guarantee of their success in doing what the intestacy rules fail to do. This study proposes to remedy this by examining the structure of succession law, with a view to discovering the weaknesses and identifying possible areas for reform, within the context of an imminent family code for the country.

Taxis are a widely used and heavily regulated area of public transport in England and Wales, but one which has been neglected by law academics and researchers. The original contribution to knowledge provided by this study is the finding that effectiveness of regulation of the trade relies upon local authority regulators creating and implementing their own system of ‘law’ outside the legislative framework and the trade acquiescing in that regime. Taking a qualitative-based empirical approach, this study critically assesses the taxi licensing regime through the views, attitudes and beliefs of those involved in the day-to-day application of the law. Many aspects of taxi regulation involve the exercise of local authority discretion, but the current system grants discretion in areas which ought to be confined by rules and often that discretion is exercised improperly. Whilst some degree of local administration of the system is desirable, many elements of taxi regulation would benefit from national standards to ensure consistency and uniformity. Although the study found a number of important exceptions to these general conclusions, on the whole the most effective methods of regulation were found to be those which operated beyond the legal framework and in which the trade acquiesced.