This thesis examines the central research questions as to what extent the Irish language plays a significant role in the Irish legal system and how parties seeking to utilise the legal in the legal system fare. The thesis applies standard jurisprudential research methodologies in analysing the key legal developments which have occurred in Ireland from independence in 1922 until today where Ireland is a modern constitutional democracy and member of the European Union. The role of the 1937 Constitution, in particular, is key given the strong legal reliance upon its text in determining the legal status of the Irish language and the extent to which that status can be relied upon in legal proceedings. By interpreting case law from the foundation of the State through until the seminal case of Ó Beoláin in 2001 the gradual development of Irish language rights can be charted. The implications of the Ó Beoláin decision are examined including many of the cases which came about in the immediate aftermath of the case. Among the consequences of the Ó Beoláin case was the Official Languages Act, 2003 which imposed new obligations upon the State and State agencies as well as notionally providing additional supports for those seeking to access justice through the medium of Irish. The effectiveness of this legislation is examined together with recent developments such as the trend towards legal realism and the implications arising out of the Irish language’s interaction with international law. Legal education and training through the medium of Irish is identified as a key factor which contributed to all of areas identified. The provision of services and the ability to access justice through the medium of Irish ultimately depends on there being professionals with sufficient Irish to provide services. The dissonance between the notional status of the Irish language and the reality faced by those seeking to access justice through the medium of Irish is a constant theme throughout the thesis.

The term ‘international antitrust’ is a convenient yet inaccurate means of describing the national rules, bilateral agreements, and multilateral initiatives that attempt to fill the vacuum created by the failure to agree upon international antitrust rules. The ‘stillborn’ International Trade Organisation (ITO) would have integrated international antitrust rules into the multilateral trading system and provided a twin track to trade liberalisation, but was never ratified. The three faces of international antitrust – unilateralism, bilateralism and multilateralism – have developed in parallel to the increasing globalisation of trade, removal of state-imposed barriers and economic integration and interdependency. International cooperation and convergence efforts in antitrust are essential in order to safeguard the benefits that should flow from trade liberalisation. Cooperation and convergence also diminishes the risk of conflict between antitrust authorities, which would otherwise increase due to: the extraterritorial enforcement of national antitrust rules; the growing number of antitrust regimes; and ‘ripple effects’ due to globalisation of trade. In analysing the activities that comprise the international antitrust dialogue, this thesis suggests that the primary objective of the dialogue is to support and supplement trade liberalisation. There is doubt however, as to whether the operation of the international merger control framework (which consists of a plethora of national merger control regimes, bilateral engagement, and multilateral convergence efforts) is consistent with the primary objective. Mergers and acquisitions (M&A) are important means of foreign direct investment and can create cross-border synergies, which should help realise the benefits to be reaped from trade liberalisation. While anti-competitive M&A jeopardise those benefits, and are correctly scrutinised (and occasionally blocked), multi-jurisdictional merger review must balance the need to intervene in anti-competitive M&A, with the desire to facilitate all other M&A. A paradoxical position arises however, if multi-jurisdictional merger review unduly hinders those M&A which would further the cause of trade liberalisation, whilst attempting to control the anti-competitive mergers. Hence the operation of multi-jurisdictional merger review is potentially inconsistent with the primary objective of the international antitrust dialogue. This thesis focuses upon the international merger control framework in chapter 5, and evaluates whether reforms are needed to ensure greater consistency with the primary objective. This thesis concludes by offering several recommendations regarding the international antitrust dialogue, particularly with regard to the international merger control framework, but recommends against the creation of an international merger control regime (IMCR), or a common pre-merger notification system at the current time. This thesis is intended to be up to date as of 1 May 2007.

Although internal conflicts are recurrent phenomena in the history of mankind, their regulation by international law has been very slow. The usual explanation of this state of affairs is that such events touch directly on the survival of established Governments or even the existence of the State itself. States view with suspicion, fear and even hostility any attempt at the international level to regulate their conduct vis-`a-vis their local enemies. They use the principles of sovereignty and non-intervention as a shield against any effective regulation of such tragic events by humanitarian law. However, no serious attempt has been made by international lawyers to study the issue of the influence of those two principles on the development of humanitarian law applicable in internal conflicts. This study tries to establish with exactitude how and where sovereignty and non-intervention have been resorted to, in order to hinder such regulation, and how other considerations (especially the concept of human rights) have opened the way to such regulation. In this respect the study, after clarifying in the first two chapters the meaning, the limitations and the place in the practice of states of the principles of sovereignty and non-intervention, has concentrated on their influence on three main issues raised by internal conflicts, namely: 1. The definition of internal conflicts. In this sphere, the question of the criteria or thresholds of internal conflicts to which humanitarian law is to be applied and the question of which authority has the power to decide the existence of an internal conflict, are dealt with in the context of customary law, common Article 3 and Protocol II of 1977. It is asserted that the claims of sovereignty and non-intervention have been used extensively to restrict any real progress in this area. 2. The protection of the victims of internal wars. In this important area the study tries to trace the development of specific legal norms for the protection of the victims and to determine whether the concept of human rights has contributed in any way to better protection of those victims. 3. Compliance and implementation of humanitarian law in internal conflicts. In this context, it is established beyond any doubt that the claims of sovereignty and non-intervention have been used extensively, both in 1949 and also 1974-1977 to stop all attempts to institute measures for the control of application of humanitarian law, especially those measures which would involve third party supervision. However, it is asserted that human rights machinery may be used to fill this loophole as the UN practice shows.

Passing of property between the seller and the buyer in C.I.F and F.O.B. contracts is a matter of significance in the event of the insolvency of either party, and the liability to capture, and seizure on the outbreak of war. This problem has been left for solution according to the domestic laws, despite the international characteristics of C.I.F and F.O.B. contracts. The domestic laws have presented different solutions, and therefore different consequences may result. This thesis is an attempt to deal with the problem comparatively in the light of the Sale of Goods Act, 1893, Old Soots Law, Iraqi Law (and Egyptian Law), and French Law. Lt consists of an introductory chapter (documents affecting passing of property in c.i.f and F.O.B contracts) and a supplementary chapter (passing of the risk). The Problem itself has been dealt with in Chapter Two. The first chapter is devoted to describing the functions of the bill of lading and its characteristics as a document of title. In the light of these characteristics the Received for shipment bill of lading and the ship's delivery order are documents of title, whereas the Through bill of lading is not, because it does not entitle the consignee to claim delivery of the goods from the last Carrier. The container revolution has had a tremendous effect on the classic rules of bills of lading, therefore a compromise has been presented by establishing an international matitime organization. Chapter Two is concerned with the passing of property. The research has followed the process of passing of the property in home market sales and the effect of that process on C.I.F & F.O.B contracts. The problem has been discussed in four sections, each devoted to a particular legal system. At the conclusion of this chapter, the research has classified the legal thoughts into two main theories: The objective theory and the subjective, which are both seen to be illfitted to modern practice. The correspondence idea can be a good substitute because it has the advantages of both the theories. Passing of the risk, and whether the risk should be attached to the property or the delivery of the goods, is the subject of Chapter Three. In this chapter the problem concerning home market sales has been presented separately in each legal system. But in C.I.F & F.O.B. contracts, it is internationally accepted that the risk should pass to the buyer on shipment. The research has sought to ascertain the exact moment of shipment, and analyses the different aspects of this international rule.

This research is to evaluate soft law as a method to regulate public procurement from a trade perspective. The value of soft law is studied under this thesis according to a four-fold approach – bindingness, precision, discretion and delegation. An international legal instrument can be considered soft along one or more of the above four dimensions. Based on the reviews of the current procurement regimes, the thesis outlines the values of soft law in regulating procurement. Soft law may serve as a second-best to hard law where the latter can not be achieved. It is explained that public procurement is a sensitive subject in the sense that many states are often unwilling to give up their regulatory freedom for protectionism purposes. Soft law in terms of all the four dimensions is argued as an effective device for breaking deadlock and fostering compromises in negotiating a procurement agreement. Also, it can serve as an ‘intermediate step’ towards the formation of hard law even though this is not necessarily the case. Soft law can also be regarded as a better alternative to hard law even where the latter is attainable. Possible advantages of soft law are identified including its reduced negotiating costs; reduced implementing costs; reserved states’ regulatory autonomy for national legitimate objectives and better adaptation to changes. Meanwhile, its possible disadvantages are mentioned and possible ways of addressing these disadvantages are also suggested. Special features of procurement are identified including intrusiveness, sensitivity, complexity and constant evolution, which might be relevant for soft law’s influence in that particular area. At the end, the thesis sets out both s short-term and a long-term proposal for developing a multilateral agreement on government by use of soft law.

My thesis seeks to reconcile British public law with an entity strangely alien to it, the people themselves. In other words, this is an attempt to re-discover the ‘public’ element of public law. Hannah Arendt, the primary theoretical focus of my work, challenged the people to recognize themselves as part of the problem of ‘modernity’; the problem, that is to say, of political apathy and thus the emergence of forms of government repugnant to the human condition; to consciously reinvent themselves as politically engaged citizens; and to thus reconstitute traditional structures of authority, sovereignty and law. This is an onerous task, most salient in times of revolution, and so it is to the tumultuous climate of 17th century England that I look for evidence of these ideas (albeit briefly) emerging in the English (and, laterally, British) context, before considering the reasons for their failure to establish a firm foothold on the constitutional terrain, and the lessons this might have for the public, and public lawyers, today. For Arendt law was the means by which we ‘belonged’ to a community, and the means by which we ‘promised’ to maintain a public space within that community in order to participate and confer authority to government. It is this underdeveloped aspect of her work which I will first explore, and then put to work in the context of the British constitution.

This thesis is a comparative study in Al-Shari'a Al-Islamiya (The Islamic Law) and contemporary international law on the subject of the legality of `lq War. It must be pointed out at the outset that the term `lq War is not the precise term to apply to the subject of this thesis, and we often put this term between quotation marks. Other terms have been used in the United Nations Charter; and the meaning of Jihad in Al-Shari'a Al-Islamiya is not compatible with the term `lq war in international law. This thesis is divided into a Prologue, four Parts preceded by an Introductory Part and followed by an Epilogue. The Prologue deals with generalities relating to the topic presented as a necessary background for the Introductory Part. The Introductory Part entitled `lq Al-Shari'a Al-Islamiya And International Law is divided into Six Chapters. The main purpose of this Part is to explain the distinction between the principles of international law in Al-Shari'a Al-Islamiya and public international law, including the different sources and the basis of the obligatory nature of the two systems of law. Part I entitled `lq War and Legality aims to distinguish between certain conceptions in Al-Shari'a Al-Islamiya and public international law. It is divided into Five Chapters dealing with Jihad and legality in Al-Shari'a; and `lq War and legality in international law. Part II entitled `lq The Limitations Of The Legality Of War is divided into three Chapters. The First Chapters deals with the limitations of Jihad in Al-Shari'a Al-Islamiya, and explains, inter alia, the nature of relations between the Islamic State and non-Islamic States; and the legality of certain aspects of the use of force in Al-Shari'a. The Second Chapter deals with the limitations of the legality of `lq War in international law. In this Chapter, we traced the evolution of international law under the League of Nations and the United Nations, and the legality of certain aspects of the use of force in international law. The Third Chapter covers the study of the consequences of the unlawful use of force in Al-Shari'a Al-Islamiya and international law. Part III is entitled `lq The Legality Of `lq War Within The Framework Of Regional Organization. This Part is subdivided into Two Chapters. The First Chapter deals with Universalism and Regionalism in Al-Shari'a Al-Islamiya and international law. A new division of regional organizations is suggested in the Second Chapter to cope with the subject of this thesis. Thus, we divide regional organizations into three categories, regional organizations of Muslim Member States; regional Organizations of Muslim and non-Muslim Member States; and regional Organizations of non-Muslim Member States. Part IV entitled `lq The Judicial Approach To The Legality Of War is divided into Two Chapters. The First Chapter deals with the judicial approach to Muslim States. Thus, we studied the different projects to establish an Arab Court of Justice and an Islamic Court of Justice. In the Second Chapter, we studied the evolution in punishment of war crimes before the First World War, and after the First and Second World Wars. The Epilogue deals with the Conclusions of this comparative study.

This thesis compares Chinese law with sophisticated modern models in the form of the Arbitration Act 1996 in England, and the UNCITRAL Model Law on International Commercial Arbitration, which has been adopted in Scotland. Comparison of the role of the court under these three systems shows that Chinese law fails to offer proper support and supervision in certain areas, while unduly restricting the arbitral autonomy in others. The Arbitration Act 1996 and the UNCITRAL Model Law are excellent models pointing up the directions in which Chinese arbitration law might be reformed. The thesis suggests a number of reforms which might achieve an appropriate balance between the autonomy of the arbitral process and the legitimate interests of the Chinese legal system, allowing China to become a modern, attractive arbitral forum, to the benefit of its developing trade relations.

Article one of the First Protocol to the European Convention on Human Rights (“P1-1”) states that every person is entitled to peaceful enjoyment of his possessions. The role of property interests in allowing political participation had been highlighted during the Second World War, where the Third Reich had weakened political opponents through arbitrary deprivation of possessions. The drafters of the Convention sough to prevent a repeat of this political abuse. However, the political element of property is often secondary to its economic role, in which intervention by the state is necessary and sometimes desirable to allow a national economy to function. How can this inherent conflict in the right to peaceful enjoyment of possessions be resolved? This thesis aims to demonstrate the development of the role of the property right in Europe and the United Kingdom through a critical analysis of the jurisprudence of the European Court of Human Rights and the domestic courts of the United Kingdom. The central thesis of this research is that, although a framework has been determined within which P1-1 decisions can be taken, there is considerable work to be done in strengthening the parameters of that framework in order to create a protection that, whilst sufficiently flexible to deal with changes in law and society, offers a clearly defined and meaningful safeguard against unnecessary intervention by the state in every context. The conclusion is that a clear decision-making process has been articulated through the European jurisprudence and subsequently adopted with qualified success in the United Kingdom. This process allows for the P1-1 implications of current and foreseeable events to be explored with some degree of certainty. However, the margin of appreciation afforded to states by the judiciary at certain steps of the process, particularly as regards the purported aim of state intervention and the necessity of avoiding payment of compensation in certain situations, compromises the strength of the protection as a whole.

This thesis is concerned with the question of whether developing countries such as the People’s Republic of China (PRC) are well prepared for the ethical and legal conduct of human population genetic research (HPGR) with specific regard to vulnerable target group protection. It highlights important issues such as whether the current frameworks of Western developed countries can provide adequate protections for target groups in human population genetic research. One fundamental question is who may suffer harm in this kind of research. Most bioethical scholars focus on individual participants but it is argued here that the interests of target groups are also seriously implicated in this kind of research. Since the target groups of HPGR are almost always vulnerable groups from isolated and rural areas of developing countries, the ethical and legal frameworks for human subject protection may need to be reconsidered in order to eliminate, or at least reduce, the vulnerability of those groups. Accordingly, given the dominance of the current ideology of Western developed countries, a critical study of vulnerable population protection is necessary to identify whether this ideology is appropriate in this context. This thesis aims to propose recommendations on the ethical and legal frameworks of biomedical research in developing countries with specific consideration of vulnerable group protection and cultural sensitivity. The PRC is used as an example to investigate current regulations for both human subject protection and group protection in developing countries. The thesis argues for an alternative model for group protection in the context of human population genetic research in developing countries. Translations of titles, authors, and publishers from Chinese works are unofficial, and the laws in this thesis are up to date at April 2011.