This thesis argues that donations are relevant in different contexts of life in society. It examines the way that donations have been connected with the family and argues that a comprehensive law of donation must also necessarily pay attention to donations made in different contexts of life, such as the market. Focusing on donations made in a market context, the present thesis will critically review the suitability of existing (national) laws of donation to regulate these donations. Three jurisdictions have been selected for this study: Scotland, Portugal and France. The choice of these three jurisdictions is based on the different policy considerations towards donation that helped to shape each one of them. In France, the protection of the family is of primary relevance to the law of donation; in Portugal, the law of donation is often set aside, gifts being instead regulated by non-legal normative rules (such as moral rules); and in Scotland, the law of donation exists as a complement to juridical acts primarily regulated by other laws (such as the law of warrandice or the law of promise). These national laws of donation will be critically reviewed in order to assess if they are fit to the purpose of regulating donations in the market context, in particular, by testing the protection conferred to a) the parties in the donation, b) third parties, and c) the community as a whole.

This thesis explores and analyses the applicability and limitations of human rights law as it applies to transgender persons. As such limitations are most evident in a strictly sex segregated spaces, the thesis proposes a case study on detention to illustrate potential conflict between the binary models of the sexes, gender fluidity and application of international human rights law to those with transgender or non-binary gender identity. For this, the thesis reviews international human rights law sources, queer theory literature and transgender and non-binary gender studies. This research examines the issues of transgender and non-binary identities and their recognition in law, including developments in international human rights law and the recognition of transgender identities in human rights instruments. The thesis considers issues such as underlying principles of human rights, and substantive rights applicable to transgender persons while surveying the national jurisprudences to assemble and fully examine the available models of transgender recognition in law. The case study on detention analyzes the lived experiences of transgender prisoners and their life stories. It examines the international standards on the treatment of transgender prisoners and their human rights. The scope and applicable framework of protection is also discussed, considering the tension between binary nature of prisons and transgender persons’ non-binary gender. Overall, this thesis initiates a discussion about the binary/non-binary dichotomy in the prison context and asks a series of questions as to how transgender and non-binary gender identities can be accommodated in the prison context. It concludes with a number of recommendations for a deeper understanding of sex/gender and prison dichotomy both in theory and practice. The thesis also offers practical recommendations to international human rights mechanisms to provide specific guidelines on the application of human rights law to transgender and other non-binary gender prisoners.

This thesis first examines the legislative framework in the UAE and its key guiding principles from which arbitration laws are derived. Secondly, based on the above examination of the existing legislative framework and literature the study identifies the various aspects of the existing legislative framework that impact upon the enforceability of e-arbitration for ecommerce dispute resolution in the UAE. Finally, the thesis demonstrates how e-arbitration can be incorporated into e-commerce and arbitration procedures in the UAE. Two methodologies, namely ‘explorative qualitative research method’ and ‘semi-structure interview’ are employed for the study. The findings from the examination of legislative framework and literature as well as the empirical field study show that the unprecedented developments in Information Communications Technology (ICT) had influenced and altered the traditional methods of societal interaction globally. The mass adoption of the Internet platform for trading has not only sought to eliminate the physical distance between the businesses and consumers but presented new avenues for potentially higher sales, coverage, lower costs and all at high speed. The concept of electronic trading (E-Trade) has naturally developed new markets and opportunities, which nations within the Gulf Cooperation Council (GCC) such as the UAE are seeking to capture. The findings also show that electronic arbitration (E-Arb) is eliminating the physical barriers between businesses, consumers and others choosing to arbitrate in cyberspace. This implies that E-Arb is perceived to be an additional component and extension of the growing ECommerce market and services. Therefore, adopting and supporting E-Arb provides an ideal opportunity for the UAE as a global hub for commercial purposes. However, despite the enthusiasm for the greater utilisation of ICT in UAE society, the domestic legalisation do not fully recognise the distinctive feature of e-arbitration, which makes it difficult to link them with international laws. The study also identifies concerns with the impact of E-Arb upon the traditional heritage and cultural practices in the UAE. Therefore, the study recommends that the existing UAE legislative framework is made compatible with international laws. It also recommends that there are comprehensive education and research programs in place to transform the traditional and cultural nuances of UAE society towards a greater understanding of developments in modern technology.

Anti-Money laundering legislation has become a major global issue, with nations and organisations under pressure to adhere and comply with strict control measures in place. The United States post 9/11 in league with other big Nations have been at the forefront of strict Anti-Money laundering initiatives, but a fair question to ask is how well the system is really doing? The implementation of the global AML framework is dependent upon the compliance of individual states, thereby making the presence of an adequate legal and institutional framework at national level a requisite requirement for an effective Anti-Money laundering system. Despite the incorporation of strict Anti-Money Laundering regulations into Nigerian laws, the misappropriation of Nigerian moneys, notably by public officials, has continued unabated. While the need for a concise and unambiguous harmonisation of international regulations cannot be overemphasised, and despite the concerted efforts in this regard, a trans-jurisdictional review by this researcher of both primary and secondary sources like conventions and academic literature have unearthed conceptual, legal, regulatory problems, as well as a seeming desire for theoretical, rather than practical compliance. In other words, global AML efforts seem more academic than practical. Accordingly, legal and regulatory reforms to International Anti-Money laundering initiatives can only be achieved with a proper appreciation of the culture and unique peculiarities of the receptive jurisdiction where emphasis is placed on the local environment rather than a mere response to International requirements for the sake of it. International AML regulations, and within this context, the FATF recommendations are meant for universal application, traversing the distinct quirks of diverse cultures, but the test here is its suitability or otherwise to the socio-cultural, political, economic and legal realities of Nigeria. The fleecing of Nigerian public moneys most notably by public officials has continued unabated despite the incorporation of strict AML laws.

The major concern of this thesis is about the current professional standard of care under Saudi Arabian medical law, regarding doctors’ duty to disclose information and risks to competent adult patients about a proposed medical treatment. Additionally, the thesis has highlighted other legal deficiencies that occur as a result of applying the professional standard in Saudi Arabia and considered how reforms can be introduced, based on English law experience in a way that is in harmony with Islamic Sharia. The thesis has undertaken a novel approach by critically studying and comparing the current practice in Saudi Arabian medical law to the comparative English law approach. The reason for this is to provide a comprehensive legal literature review based on the extremely well- developed English law experiences in the same matters. Realising the significance of the principle of the respect for autonomy, the thesis has placed a noticeable emphasis on this principle by arguing that considering and respecting autonomy would lead the law to protect the patient’s autonomy and self-determination in a medical context. The thesis has argued that both Western and Islamic Sharia medical ethics have considered the notion of the respect for patients’ autonomy, but that consideration has been approached differently, as the thesis has shown. Further, the thesis has critically discussed how the English law standard of care has been developed in the last three decades, in order to move from the professional standard of care to a new standard that protects patients’ autonomy and self-determination. These developments and years of experience have provided sufficient arguments and supports for the thesis’s motion to recommend and suggest that Saudi Arabian medical law departs from the professional standard and adopts the prudent patient standard to protect patients’ autonomy in compliance with Islamic Sharia. In addition to proposing a legal formula for the prudent patient standard that can be adopted by Saudi Arabian medical law, this thesis has also proposed other formulas as solutions for other legal deficiencies, based on English law experience and in accordance with Islamic Sharia.

No description available.

Shareholder protection has been a focal point of the Greek legislator's agenda for years. Despite a series of reforms towards the direction of shareholder empowerment, the adequacy of the existing framework remains questionable. The thesis conveys the argument that the remedies for maladministration under Greek company law remain dysfunctional and need to be reformed in order to establish an effective and competitive legal framework for shareholder protection. It is argued that such initiatives are important in order to boost investor confidence and provide an effective monitoring mechanism of corporate governance. In order to assess whether and to what extent the Greek shareholder law attains these objectives, it is examined on a comparative basis with jurisdictions which recently reformed their shareholder law; namely the United Kingdom and Germany. The thesis analyses the imperfections of Greek law. The latter is devoid of a genuine derivative action and the existing functionally equivalent mechanism is unsuitable to overcome the challenges of shareholder litigation. The relevant law is exclusionary and rather biased against individual shareholders. It deters meritorious litigation and does little to ensure that proceedings do not run contrary to the company’s interests. Much of corporate misfeasance escapes the scope and content of the existing provisions and, effectively, corporate wrongdoing is left uncompensated for and undeterred. Furthermore, the broader legal framework cannot compensate for the absence of an appropriate mechanism to enforce directors’ duties and pursue corporate claims via shareholder-initiated litigation. However, the examination of the strategies followed by the UK and Germany provides useful insights for the way forward. The rationale for and the experience from the recently introduced provisions thereto are invaluable in the thesis’ attempt to construct and propose a modern and functioning model of derivative actions for Greece.

This thesis identifies and defines the new African sovereignty. It establishes a modern sovereignty in Africa hatched from the changing nature of sovereignty in which countries come together at various levels or grades of partial surrender of national sovereignty in order to work closer together for their mutual advantage and benefit. To this end, the narrative zooms in on the central issues within the realms of money matters whereby a new model of monetary sovereignty and monetary solutions is designed in an attempt to ease the recurring tensions and challenges of modern national sovereignty in the continent of Africa. As such, this discussion will offer a historical journey through the constitution of sovereignty, to the birth of the nation state and international public law. It develops the theory of the changing nature of sovereignty within the modern state and opens new lines of inquiry for Africa. In this regard, it draws from juxtaposing and mixing elements of regional and global financial integration as well as retaining national financial sovereignty features to form this new design which I dub continental sovereignty. At its core, the thesis will deal with the legal aspects that stem from the co-mingling of legal systems of nation states and communities at the regional and global levels within the context of financial integration. The argument is that the rule of law remains sacrosanct in monetary management. Effective financial integration is the result of properly structured and managed legal frameworks with robust laws and institutions whether at a national, regional or global level. However, the thesis reveals that in order to avoid undermining the progress of Africa’s financial integration project, any solution for Africa must be immersed within a broader global solution where development issues are addressed and resolved and Africa can form a more central part in all relevant international discussion fora. The work will expound these issues by applying them within a regional and global context, with the state of affairs in Africa forming the nucleus. This application consequently presents the six key themes of the thesis which will be considered therein. They are: a.) regional advantage: which exploits the possibilities of deeper and further financial integration between smaller communal arrangements; b.) regional risk and exposure: the extent to which this deeper form of financial integration can spiral out of control if effected too quickly and too ambitiously; c.) global advantage: which considers the merits of global financial integration and the influence exerted by financial laws on the global financial architecture; d.) global risk and exposure: which considers the challenges of global financial integration especially within the background of the Global Financial Crisis 2007-2008; e.) African challenge: which considers the extent to which this analysis impacts the African economic and financial integration agenda; and f.) development challenge: which examines the extent to which global development issues impact the African solution (continental sovereignty) and the need for any solution for the continent to be roped into a broader global solution within which Africa can form an important part. Even though the thesis requests an optimistic undertone on the progress made so far, it unearths the African problem of multiple national sovereignty and multiple overlapping regional sovereignty constituted as the ‘spaghetti bowl’ dilemma. As such, the unique contribution to knowledge on financial integration in Africa can be echoed in these words: Africa‘s financial integration agenda has had little success in authenticating a systematic and dependable legal framework for monetary management. Efforts made have been incomplete, substandard, and not carefully followed through particularly reflected in the impuissant nature of the judicial enforcement mechanisms. Thus, the thesis argues that, any meaningful answer to the problems dogging the continent is inter alia deeply entrenched within a new form of cooperative monetary sovereignty. In other words, the thesis does not prescribe the creation of new laws; rather it advocates the effective enforcement of existing laws.

The title of this thesis is Freedom of Association and Trade Union Rights in Europe, Comparative Analysis of the ECJ and ECtHR Case Law. There are several issues that the thesis will try to shed light on. Firstly, it will identify what level of freedom of association as a trade union right is deemed acceptable at the international and European levels. At the international level the ILO and ESC standards will be looked at, while at the regional level I will research the case law of the two European Courts – CJEU and ECtHR. Secondly, the standards of the CJEU and ECtHR will be compared to each other. This way, we will know which of the two protects trade union rights better and where there might be flaws. Thirdly, after comparing the CJEU and ECtHR standards with each other, they will be compared to the international standards of the ILO and ESC. This way I will check how the regional standards are in concert with the international standards that are respected worldwide. Finally, the prospects of EU accession to the ECHR will be looked at. Here I will investigate whether the accession might affect the protection of trade union freedoms in Europe, and if so, in what way.

No description available.