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.

Chapters 1 and 2 deal with the relationship between the Church in Wales and its clergy; the way in which ministerial working arrangements might be interpreted by the secular courts and the civil law consequences which would flow from this interpretation. The study begins with an analysis of the relationship in the general context of employment law. From this examination it emerges that civil law does not adopt a single, universal definition of employment status, but categorizes working agreements differently for different purposes. Consequently, the discussion moves on to look at how the working arrangements of Church in Wales clergy would be construed in relation to vicarious liability in tort, concluding that vicarious liability would almost certainly attach to torts committed in the course of performing ministerial duties. Having established that the church will be vicariously liable, Chapters 3 and 4 go on to consider the scope of the potential liability in connection with trespass and negligence respectively. The common theme which emerges from these chapters, is the difficulty of defining the boundaries of ministerial duties, given the breadth of activities which these duties can encompass, and the underlying Anglican belief that Holy Orders confer not just a set of tasks but a permanent state of being. The conclusion in chapter 5 proposes dealing with this challenge by analysing the clerical role for the purposes of tort in relation to the professional tasks, expertise and undertakings set out in the Clergy Terms of Service. This analysis can be separated from the theological understanding adopted by the church in the context of doctrine, and gives a workable framework for establishing the scope of tortious liability. This approach is then tested and illustrated with a series of case studies.

Elderly care is one of the more high profile contemporary issues that confronts care professionals, the Government and its citizens. Central to these are concern how care is best regulated and the cost effectiveness of decisions to cut care delivery across the public and private sectors. Defining what constitutes good care delivery is a continuing challenge to health care managers and staff, as the benchmark is in constant flux due to advances in modern medicine and the progression of new and dangerous ill-health conditions. Culture, personal values and expectation changes from generation to generation also blur the definition of what constitutes good care. This thesis offers a contemporary analysis of care and examines how regulatory systems have been too ad hoc and often retrospective; leading to deficiencies in the pro-activity and holistic response elderly care requires to tackle its issues. This is one of the most rapidly evolving areas of regulation in a period of intense media attention and public concern over elderly care. A considerable degree of permanence can be identified towards the action plan of the Government in engaging a variety of reactionary regulatory strategies. In the later analysis in the thesis, it is suggested that additional specialist and dedicated regulation may still prove to be necessary to secure care quality and undertake preventative measures against the abuse of this vulnerable section of the community. Public concern and medical interest continues to reveal cases of severe neglect of the elderly in many private care homes. The Care Quality Commission, the main regulator since 2009, undertakes inspections and reports on care quality, but doubts remain as to how effective the measures in place guard the quality of care in practice. The second Francis Report on the Mid Staffordshire NHS Foundation (5th February 2013) highlighted many failings in the National Health Service and showed how the most vulnerable and elderly to be particularly at risk. Reports of poor care of the elderly continue to confirm that stricter monitoring and inspections are needed. The aims and objectives of this thesis, are to understand how elderly care regulation has addressed systemic regulatory failures and provides a case study of lessons learnt from past omissions and mistakes. At the time of writing, the Care Quality Commission has undertaken tougher inspection regimes by currently adopting a system of special measures, and new regulations are being considered. Over its approximately six years of activity since it ‘plugged a regulatory hole’ it’s now progressively much improved inspectorate function has even just embraced ‘whistle-blowing’ as part of its ‘work in progress’ profile. There is continued pressure on the regulator to meet expectations of ensuring high quality care, and it is also a response to the changing role of care homes; reflecting the diverse range of care and the ageing population. This thesis provides an analysis of how elderly care has evolved over many centuries and varied in its standards of delivery. Defining appropriate levels for care standards is one approach, adopting a holistic approach is another, but the culture of care is one that needs to be fostered through family members who are often engaged in the delivery of elderly care, as well as the community at large. Developing care through purely legal mechanisms, such as the setting of care standards has its limitations, but will undoubtedly also feature as part of any perceived solution. There are signs that the changing culture in care homes and those that provide care, is a recent and most welcome shift in regulatory goals and objectives. It is argued that this change reflects positively on the current care system which has been driven by some better education of care workers and greater empathy with the elderly; an empathy which is driven by the growing reality with every new generation that most of us will live well into our elderly years due to the advancement of modern medicine. Reflected also is increased lack of trust in people, where in the past assumptions about care delivery standards by individuals were relied upon instead, and how to engage with the continuous re-design of oversight regulatory structures issues of legitimacy and increasing public trust. The Care Quality Commission is developing its own identity and offers a form of social regulation that is set apart from the main economic regulators. There are many lessons which can be learnt when working from within the National Health Service through the use of internal networks, access to current government policy and funding arrangements. Despite strong ministerial engagement in this area, the Care Quality Commission has been able to maintain its own voice and, in recent months, has developed its expertise to address public concerns about elderly care. Despite this, the statistics show that at least one third of care homes are regarded as less than satisfactory, suggesting that much work remains to be undertaken. Co-ordinating clinical and social care of the elderly is part of patient safety. It also connects with regulating the professional standards of health and social care professionals.

This thesis investigates the relationship between investment law and the power of states to produce and implement environmental measures. Through a strictly legal approach, and by situating the issue within the framework of public international law, this project endeavours to find avenues for the incorporation of environmental legal obligations within the investment legal regime. The thesis examines the main substantive protections granted to investors by the system of bilateral and multilateral investment instruments, before considering the ways in which, through express provisions, general conflict rules, and procedural means, tribunals can take environmental law into account. This taxonomy is tested in the third part of this work, through the analysis of the jurisprudence issuing from investment tribunals in disputes containing an environmental element.

The Treaty of Rome assigns overriding importance to price stability in the firm belief that maintaining stable prices on a sustained basis is a crucial pre-condition for increasing economic welfare and the growth potential of an economy. Price stability is given formal expression in the Stability and Growth Pact, which confines the budgetary freedom of Member States within precisely defined parameters. The European Union takes the view that by helping to create a favourable economic environment, sound monetary policy should secure the broad objectives of the Community laid down in Article 3. One of these objectives is the promotion of social justice and protection. The thesis focuses on an aspect of social protection: the provision of old age security. The realisation that current pension schemes in many Member States will not be fiscally sustainable has forced their governments to start the process of legislative reform. The challenge is to design pension systems that do not place too heavy a burden on members of working age, while still offering an adequate level of benefit to retired members. Pension system reform has often proved a particularly difficult and awkward political undertaking. The thesis argues that Member States with ageing populations will find it increasingly difficult to maintain high standards of social provision and still comply with the obligations of the Pact. It is contended that continuing demographic imbalance will be a constant impediment to the required maintenance of budgetary balance. Countries have implemented changes, such as increases in statutory retirement age, and reductions in replacement rate, so as to avoid further increasing the contribution burden borne by the diminishing proportion of workers. The thesis concludes that public pension design modifications, whether parametric, such as raising the retirement age, or systemic, such as the introduction of a funded component, will only alleviate and not solve the problem. The only answer is an increased number of younger workers, and that requires birth-rates to move towards replacement level.

Since the disestablishment of the Church of Ireland in 1871 there has been negligible academic exploration and scrutiny of its laws. This enterprise seeks to advance scholarship of that law generally. As an initial contribution, the sources of law of the Church of Ireland, until now never the subject of singular study, are identified and investigated. Part One identifies the sources: in the law of the State; in the Church’s primary and secondary sources; and in tertiary sources (quasi-legislation and soft law), including putative sources – custom, the wider Anglican legal economy, and ecumenical input. In Part Two, case studies in each of the arenas – civil, primary and secondary, and tertiary – investigate three concerns. First, the increasing impact of civil law on church law is evaluated as a recent phenomenon. Second, the internal church sources are examined to assesstheir accessibility, a test fundamental to the Rule of Law. Third, the extensive materials of recent decades are scrutinised and demonstrate an ever-growing reliance on informal instruments – quasi-legislation and soft law – governing the life of the Church. A detailed survey of the opinions and knowledge of church members undertaken in 2011 tests and informs the analysis of the sources. Throughout the study, however, the principal reliance is on a formidable array of primary materials: a broad spectrum of State laws; contemporary ecclesiastical legal materials (national and local); a wide range of historical documents, including the original papers of the General Convention 1870, the Minutes of the Legal Committee, one-hundred and forty-four Journals of the General Synod, eight centuries of pre-disestablishment statutes, and one thousand and fifty-four statutes of the General Synod. This identification and investigation of the sources of law of the Church of Ireland highlights weaknesses and makes the case for reform. The conclusion sets out the proposals for reform.

This thesis is concerned with the development of English courses in a Department of Law in Japan. It presents a case for the introduction of courses in English for Academic Purposes. It begins with a description of the setting for the present research, which consists of the historical development of legal education in Japan (chapter 1) and a study of Japanese approaches to English language teaching (chapter 2). This is followed by a survey of previous work into the language of the law and the teaching of legal English (chapters 3 and 4). Chapter 5 considers the needs of students who are required to read legal textbooks in English and reports on an investigation into the lexis of these textbooks. The analysis (using computational concordancing methods) demonstrates that the needs of undergraduates are not covered by existing wordlists or by proposed standards that would ignore the special needs of law students. A list of essential lexis is proposed, and the collocations of frequent legal terms are identified, thus providing a list of common legal phrases that could be valuable as a teaching resource. Chapter 6 reports on a questionnaire survey into the attitudes of students, law teachers and English teachers to the existing courses and to possible innovations. This reveals that many students and some teachers would welcome changes but that there are conflicting of attitudes and resistance to change by some staff members. Chapter 7 draws on the findings of the lexical research and the attitude survey to suggest the introduction of a more varied English curriculum that should be acceptable to teachers and students and that includes courses relating to the language of the law. Proposals are also made for staff development. Chapter 8 provides a short postscript with suggestions for further research.

This thesis reports the first empirical study to specifically measure and attempt to improve the comprehensibility of jury instructions in England and Wales. While a wealth of research has established that the majority of American jurors substantially misunderstand the crucial legal instructions they are given by the judge at the end of a trial, to date there has not been any comparable rigorous testing of jury instructions in England and Wales and we do not have a clear picture of how well they are understood. It is unwise to extrapolate the findings from American jury trials because the instruction methods are very different: in the English summing-up, English judges not only instruct the jury on the law but also review the evidence, and judges may, if they wish, both integrate their legal instructions with the specific evidence in the case and 'narrativise' the language of their instructions. 102 mock jurors drawn from the community were tested for their ability to recognise, recall and apply eleven legal instructions given in a summing up at the end of a rape trial simulation. They were randomly assigned to receive one of three summings up, which systematically differed in their degree of narrativisation: one based on model instructions published by the Judicial Studies Board; a second that integrated evidence from the case into the instructions; and a third that further narrativised the integrated instructions by applyign discourse features previously hypothesised as having a narrativising function. The thesis, then examines both the comprehensibility of legal instructions within the English summing up and the effect on comprehension of narrativising those intructions. A highly persuasive pattern of results occurred: increasing levels of narrativisation increased juorors' understanding of the instructions, and specifically aided jurors' ability to apply the law to the evidence in the case. Discussing the results in terms of Accommodation Theory and the Cognitive Story Model, the thesis concludes that a judge may better guide jurors through the categories of the law by accommodating the narrative approach that jurors bring to their role.

The cultural forms of modernity become truly modern only when specific experience, as opposed to tradition or faith, is made the basis of epistemological authority. By taking the primary examples of law and literature, this thesis argues that the criminal trial and realist novel of the eighteenth and nineteenth-centuries perfectly conform to this statement. But by the early twentieth-century, experience had, as Walter Benjamin put it, ‘fallen in value’. As such, the modernist novel and trial come to have foundations in a non-experience which nullifies identity, subverts repetition and supplants presence with absence. The philosophical basis of experience, its fundamental basis within the novel and trial, and the theoretical manifestations of its dissolving, are outlined in the substantial Introduction to this thesis. Chapter One then specifically examines E.M. Forster’s A Passage to India (1924) within the context of the administration of justice in British India. Adela Quested’s supposed assault within the Marabar cave is argued to be a non-event which in no way conforms to the modern sense of experience outlined in the Introduction. This resonates with the state of the trial in British India, in which many magistrates became convinced of the rampant perjury of the natives, turning their decisions into a matter of deciding between the less untrue of two false accounts. Like the non-event in the Marabar cave, the crime that was supposedly at the heart of the trial, the experience at its core, was thus slipping from view. In the second part of Chapter One, it is argued that in his theoretical work, Aspects of the Novel (1927), Forster, responding to anxieties about the novel’s experiential loss, attempted to codify the laws of the realism. This project had much in common with the Acts of legal codification that took place in British India in the 1860s and ‘70s, particularly that of Sir James Fitzjames Stephen’s Indian Evidence Act 1872, which sought to retain a form of representation that was congruent with a traditional conception of experience, thus safeguarding judgment. In Chapter Two, Ford Madox Ford’s The Good Soldier (1915) is analysed in the light of legal developments in expert witnessing and criminal identification. One of the specific issues of Ford’s novel is the kind of identity it portrays. Without commensurable experiences that can be reasonably assimilated and communicated, the identities of The Good Soldier resist the common recognition of a realist character. Legal developments in the attribution of responsibility and the identification of criminals are argued to parallel the methods by which Ford’s ‘Literary Impressionism’, by contrast, provides the image of his actors. In many ways, these issues were matters for expert witnesses, a growing number of whom were taking the stand in British courts. By taking judgment out of the hand of the layman, expertise was supplanting experience. But this was not limited to the legal forum – in the final part of Chapter Two it is suggested that Ford’s novel, itself, responds to a sense of expert reading. Chapter Three discusses Marcel Proust’s In Search of Lost Time (1913-1927) in connection to two points of legal interest. Firstly, the Dreyfus case, which, in its reliance upon absent evidence parallels the denigration of presence that exists in Proust’s novel. Secondly, Dreyfus’ supporters, in calling for a re-trial, asked for a certain form of repetition to take place. The repetitious legal forms of review, appeal, and precedent are then examined in relation to the various forms of repetition that exist within Proust’s work. By utilising Platonic, Nietzschean, and Freudian theories of repetition, it is argued that experience has truly fallen in value when the origins of repetition can be only obliquely discerned. In the Conclusion, the continuity of a realist tradition, and a modernist impulse of non-experience, will be traced in contemporary works – Ian McEwan’s Atonement (2001) and The Staircase (2005), a documentary film by Jean-Xavier De Lestrade about a real murder trial in North Carolina. Finally, a view is offered of the future of experience in the novel and courtroom: one which, based upon John D. Caputo’s reading of Jacques Derrida’s work, stresses the ethical nature of doing truth and making reality in the very act of allowing experience to slip away.

The Lebanese civil war is, undoubtedly, one of the most protracted civil wars that have ever been witnessed in the last two decades. Many interventions have occurred in Lebanon and most of them were the subject of discussion and legal analysis. Of all these intervention, the Syrian intervention has attracted no academic or scholarly attention whatsoever. It is the main concern of the present thesis to discuss the Lebanese civil war and the legality of the Syrian intervention under the rules of international law. It specifically and exclusively focuses on the Syrian intervention during the years 1975-1976. In evaluating the Syrian intervention, of necessity, the thesis discuses in the first and second chapters the norm of non-intervention, the definition of intervention, and the attitudes and practices of the Superpowers towards the norm of non-intervention. Moreover, it provides a thorough review of the history of Lebanon, the causes of the conflict, and the legal nature of the conflict. Having identified the nature of the Lebanese conflict, the rest of the thesis deals with the legality of the Syrian intervention under the rules of international law which are applicable to internal conflict. The discussion of Syrian intervention is dealt with from four legal perspectives: intervention under the rebel's invitation; humanitarian intervention; Lebanese government's invitation, and the effect of invitation on the Lebanese right to self-determination; and finally the legitimization of Syrian intervention through its inclusion in the peace keeping force of the Arab League. The out come of the discussion establishes the illegality of the Syrian intervention and the ineffectiveness of regional organizations, namely the Arab League, in responding to civil war. It also proves that, so long as the norm of non -intervention is not respected by powerful states, small states will be encouraged to break the norm and undertake intervention; and unless the international community responds positively to the norm of non-intervention, anarchy will be the prevailing norm with serious implications for the survival of mankind in the era of nuclear weapons.