Anti-Money Laundering has become the term for many stakeholders including Financial Institutions and law enforcement agencies that attempt to prevent the movement of money obtained from criminal activity. This research combines two important areas within the money laundering arena: Anti-Money Laundering preventative measures and Anti-Money Laundering Policy. This study aims to discover significant determinants that influence the current anti-money laundering policy (AML) by understanding the relationship between criminal activity, stakeholder activity and public policy. This research adopts a pragmatic approach which embraces the use of mixed methods. The strategy using mixed method (triangulation) approach for data collection increase the rigor and robustness of the research in terms of exploration, validation and confirmation of findings. From a pragmatic perspective a better understanding of the research problem could be achieved that overcomes complexities in the context of the research, such as access to key stakeholders. The research question “What are the factors that influence the effectiveness of AML policy implementation in the UK?” is answered using a four phase approach to data collection and analysis that incorporates theme identification from literature, focus group interviews, survey questionnaire and verification of factors through individual participation. The findings of the research point to three areas of activity that could be confirmed as areas in which policy changes can be applied. These are ‘sentencing’ as a deterrent to crime; ‘reporting regime’ for suspicious activity reports, and ‘criminal knowledge’ based on law enforcement tactics’. The methods used also provided an abundance of additional material that set the findings in their appropriate environment.

This thesis examines the relationship between fictional depictions of rape and legal and social realities between 1700 and 1765, and argues that these contexts are essential to reconstruct contemporary understandings of rape in this period. Rape was presented differently in legislation, legal texts, trials and literature, reflecting the varied ideas of what constituted a rape. The research begins by asking why the statutory definition of rape was inconsistent with legal practice, and how clear the legal conventions of rape were in contemporary society. This leads to a series of case studies investigating why Alexander Pope, Daniel Defoe, Henry Fielding, Tobias Smollett and Samuel Richardson were interested in rape, how their depictions of rape relate to legal realities and were informed by their own legal knowledge, and what form of interpretation the authors invite. The geographical focus on London is occasioned by the selection of trials, largely heard at the Old Bailey, and texts published in London, but acknowledges the wider national readership for the texts and trials, which were often reported in the press and/or published. The historical parameters reflect the decline in standardized legal education and increased reliance on legal texts from 1700, and the lack of a significant contemporary legal treatise to guide interpretations of statutory and common law until the publication of William Blackstone’s Commentaries on the Laws of England (1765-1769). This study contributes to existing scholarship on rape in the eighteenth century. Criticism in this area has begun to adopt an interdisciplinary approach to this subject. This thesis combines legal and non-legal sources to inform its analysis, suggesting that critical approaches need to use a wider range of sources to reconstruct the context in which contemporary portrayals of rape were situated. Part two of this thesis offers new readings of canonical works, showing how Pope, Defoe, Richardson, Smollett and Fielding engaged with wider contextual legal discourse in their works, and explores their reasons for doing so. These case studies assert the importance of legal and social contexts, offer new ways of interpreting rape in literature, and show that literary authors negotiated and presented ideas of rape in a variety of ways in their texts, influencing public perceptions of the nature and illegality of such acts.

When arbitration is conducted online, some inherent, fundamental issues arise which could potentially undermine the enforceability of the final award under the provisions of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, the “New York Convention” (NYC). The study identifies four key challenges which a winning party seeking the enforcement of an electronic award according to the NYC might face with relation to the enforcement of that award: the validity of electronic arbitration agreements, the enforceability of consumer arbitration agreements concluded online, obstacles arising out of the conduct of the arbitration procedures online and the issue of electronic authentication of the final award. The study first critically analyses the NYC, to identify some key problems in relation to each of the said issues which might compromise or undermine the enforcement of awards rendered in online arbitration; it then makes suggestions as to some possible amendments to the NYC. The study then goes on to consider these issues in the context of the applicable law before the Dubai and DIFC Courts as the enforcement courts, to examine their ability to enforce such an award. The study concludes with several recommendations for both practice and law reform in the jurisdictions discussed, in relation to each issue. The study is original in that it is the first comprehensive analysis of all the said issues, from formation of the arbitration agreement, through various stages of online procedures, to the final enforcement of the award, within the examined jurisdictions. Further, the recommended changes would help to improve the efficiency and reliability of the courts of Dubai and DIFC with regard to the enforceability of an award given via online arbitration. This is a particularly important issue in light of the current and anticipated growth in the prominence of the identified jurisdictions as financial and business centres, the centrality of international arbitration to international business and the fundamental need for confidence in the enforceability of the courts and arbitration awards.

It is generally assumed that the EU law regime excludes arbitration from its scope, since issues of EU law must be resolved within the EU legal order, according to the wording of the Treaties and the case law of the CJEU. It is also assumed that courts offer adequate and effective protection to litigants, thus arbitration does not make any further contribution to parties. This thesis challenges these ontological assumptions, using the case of bank depositors, and aims to investigate whether courts within the EU protect bank depositors effectively or whether arbitration would offer further protection. For this purpose, the nature of bank deposits is considered, and the approach of courts and arbitrators towards depositors are comparatively analysed, based on effectiveness of protection, as the appropriate tool of assessment. The findings of this examination lead to the final research question regarding the role, if any, of arbitration within the EU legal order and the relationship between arbitration and litigation, in particular within the context of the global financial crisis. Thus, the central argument of this thesis is that, if it is accepted that arbitration does have a place in the EU legal order, and based on the argument that bank deposits qualify as investment, bank depositors can enjoy the protection offered by international investment arbitration, which can protect them more effectively than litigation The originality of this work centers around three points. Firstly, this thesis aims to use the principle of effectiveness in a substantial sense rather than its procedural meaning, considering whether individuals do not only access the justice, but also being remedied effectively. Secondly, this thesis argues that bank deposits can be treated as investment, thus depositors could enjoy further protection offered by investment law. Finally, the thesis supports that the EU law regime does have some place available for arbitration, albeit its traditional exclusion, especially during the particular period of the financial crisis.

In recent years the universities have changed from pre-enlightenment "protectors" of societal knowledge to typically modern "business" orientated bureaucracies. It is argued that as a consequence, their status has also changed from one of independent "observer" into that of "product producer"; driven particularly by their newly adopted managerialistic principles, aimed at making them more "business" orientated. This has been fuelled by the domination of a scientistic (Positivist) epistemology throughout the university sector, which emerged from an important philosophical debate, in the sixties, between Kuhn and Popper. Establishing facticity, based upon scientistic methodology, in research as supreme; it allowed for a marriage of convenience between the managerialistic ambitions of the new elite and the worldly theory it purported, as a self-fulfilling justification and prophecy of their actions. Debate in this area has been centred upon the practicalities of managing such a change and its consequences in terms of organisation and management efficiencies. Discussion regarding longer-term effects of whether such a change in the universities, driven in particular by their business schools and senior management, might have a more fundamental impact upon the way we theorise and think about ourselves, is rarely covered. It is contended that such omission is misplaced. The universities' traditional role in society as guardians of our ontological theorectics is being downgraded by increasing demands for them, from government bodies and the like, to behave akin to profit making organisations. This thesis is contending, therefore, that as a consequence of university management search for greater efficiencies, the epistemological frameworks for research, and subsequent theorectics, in the universities have become politicised. It is argued that eventually this will affect society's ontological frameworks and hence change the way we, as individuals, regard our reality. Central to this, is the premise that given the dominant scientistic method, alluded to above, is tainted by political intrusion, it would be inappropriate to use it as a method of analysis. However, it is also contended that constructivist ethnomedology is similarly, and ultimately, dependent upon rationo-factual research and therefore is inappropriate. With the use of a negative dialectic, instituted by early Frankfurt School discussion, this work, therefore, seeks to establish a new facticity independent, universal theorectic based upon proto-epistemological states. The aim is to lay bare the corruptible nature of the relationship between politicised epistemology and its consequential ontological state and thus demonstrate the potentiality of the danger facing our universities and society.

This PhD study was designed to characterise the nature and role of the information behaviour of trainee solicitors in the context of knowledge development within a law firm environment. The characterisations drawn and the propositions offered provide a deeper understanding of the information behaviour of trainee solicitors, and, of the relationship between information behaviour, knowledge behaviour and knowledge development. A constructivist approach to inquiry was adopted, where the research design emerged through 'doing'. As emergent design is unusual within Library and Information Science (LIS) an in-depth discussion of how the design emerged is included within this thesis. Six trainees formed the sample for the final presentation of the findings. The adoption of a narrative technique for the gathering of data, and the presentation of the analysis, taking a cross-trainee and cross-theme approach, enabled holistic, in-depth characterisations to be drawn. The themes emerged through an iterative process of analysis and were followed up through a review of the literature. Undertaking a more comprehensive literature review after data collection is a characteristic of the constructivist inquiry but is a unique approach within LIS research. Through the consideration and interpretation of the characterisations that emerged from the findings this research posits a set of theoretical propositions and practical solutions pertaining to the knowledge behaviour (incorporating information behaviour) and knowledge development of the trainee solicitors. These propositions alongside the practical solutions offered are transferable in that they can be taken by other firms or organisations and considered in relation to their own setting. In addition, a model depicting the knowledge behaviour and its role in the knowledge development of trainee solicitors is presented.

The presence of asylum seekers within the UK and their claims to social welfare and employment rights presents one of the greatest challenges to sovereignty and the traditional constructs of Marshallian citizenship. Yet in an increasingly cosmopolitan world the UK’s obligations stretch beyond responsibility for its own citizens, as evidenced by the case of asylum seekers whom upon the declaration of seeking refuge must be admitted to the State and provided with subsistence to avoid destitution. Accordingly, the UK is bound by a number of international instruments that provide rights outside the legal constructs of UK citizenship which results in conflict between the traditional boundaries of social inclusion centred on citizenship, and those based on universal human rights. Drawing upon a number of primary and secondary sources, including international human rights law and cosmopolitan theory, this thesis analyses the welfare and employment arrangements for asylum seekers in the UK using NGO data to ascertain the impact of policies in practise. It argues that the withdrawal of social rights from the asylum seeking community over the last two decades has resulted in a significant imbalance between the rights and interests of the State and those of asylum seekers. In light of these conclusions, the thesis recommends that the Government adopt a cosmopolitan approach to welfare provision which prioritises human need over immigration status and suggests a number of reforms which will better respect the asylum seeking community. In doing so, it is hoped that the study will contribute to the development of an ethical asylum support system which reflects the humanity of its subjects. Within the current political climate such an exploration is considered crucial as the specific policies of the asylum support system and their impact upon human rights remain relatively unexplored within academic literature.

This doctoral thesis explores a range of issues within the development of the offence of incitement to genocide. It examines how the 'notorious Jew-baiter' Julius Streicher, was prosecuted in 1945/46 before the International Military Tribunal (IMT) for 'the incitement of the persecution of the Jews'. The newly defined category of 'crimes against humanity' under Article 6( c) of the Nuremberg Charter, classified 'persecutions on political, racial, or religious grounds' as a new criminal offence. In 1945, the prosecution alleged that Streicher's anti­Semitic propaganda had paved the way for Hitler's extermination policy, leading to the mass murder of approximately six million Jews. On October I, 1946, the Tribunal held that Streicher's actions of 'incitement to murder and extermination' were classified as 'persecution' and found him guilty of crimes against humanity. This thesis asks the question how was it that 'words used as persecution' became recognised as an international criminal offence as a sub set of crimes against humanity, without being directly or expressly criminalised by the Charter? In order to provide an answer to this question, this thesis conducts the first in-depth analysis and comprehensive reconstruction of how the prosecution's case against Streicher developed during the various phases of the pre-trial and trial process. This detailed reconstruction, based on archival sources not previously discussed in the academic literature on Nuremberg, forms the most original element of the thesis. The present study critically examines the factual evidence raised and dropped during different stages in the development of Streicher' s case. It explores the various strategies and tactics deployed by the prosecution, and evaluates the success and weaknesses, along with the counterarguments submitted by Streicher' s defence counsel. The aim in explicating and discussing these issues and conflicts of strategic interpretations and reinterpretations is to provide an original perspective that effectively explores the process 'behind the scenes'. This study suggests that it was this process of selective interpretation and decision-making that resulted in the emergence, or 'birth', of a new offence, 'incitement to genocide' that today would be recognised as 'direct and public incitement to commit genocide', under Article III( c) of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

The subject of dangerous goods as it pertains to carriage by sea is of growing importance and concern because it impacts on safety as well as environmental issues. Both involve liability associated with maritime transportation and liability in respect of dangerous goods is a complex area of law both from an international as well as a domestic perspective. China is a rapidly emerging economic power and a major world player in shipping and seaborne trade including import and export of hazardous substances. Furthermore, China is undergoing remarkable reform and transformation in all respects, and legal regimes, especially in the maritime field, are in a state of evolution. This thesis presents a two-fold area of concentration, that is, the international regime and the domestic Chinese law, looking at the safety as well as the environmental dimensions of international carriage of dangerous goods by sea. In order to carry out a comparative analysis of the international and Chinese legal regimes pertaining to the issues of contractual and tortious liability, a relatively detailed analytical examination of the international regime has been completed. Following this, the legal regime under Chinese law concerning the sea carriage of dangerous goods is critically evaluated in terms of the evolution of the domestic maritime law and the issues of application of international law and domestic law from the perspectives of regulatory law and civil liability. The discussion on the existing issues liability is centered on the principles of liability in tort and contract borne by private parties and state responsibility in respect of damage arising from the maritime transportation of dangerous goods. Conclusions are drawn from the summaries of chapters highlighting the critical issues in light of the findings of the research; the appropriate recommendations and suggestions for improvements to the international regimes; and proposals for law reform in the form of new legislation or amendments to existing legislation with the aim of improving the domestic regime to bring it into closer alignment with international law on the carriage of dangerous goods by sea.

In 1976, the Nigerian Government compulsorily acquired the ancestral lands of Abuja peoples of Nigeria without payment of compensation or resettlement. This is legitimised under Nigerian State laws. Indigenous peoples (IPs) suffer from injustices in relation to land globally. The purpose of this thesis is to find answers to the research questions emanating from this case study. One avenue explored herein in addressing dispossession of IPs’ lands in Africa, is through considering the relevance of international law on their rights. However, there is no universally agreed definition of IPs. In the determination of whether international law provides solutions to the challenges of protecting land rights of Abuja peoples, the existing description of IPs is challenged. The second avenue explored herein, is through a comparative approach to understanding how Kenya has resolved these challenges and how Nigeria should respond to similar challenges. The case study is used to illustrate the need for a viable relationship between State law, IPs’ customary law and international law. The choice of Nigeria is because the case study is in Nigeria. The choice of Kenya as a comparator is because like Nigeria, Kenya is Anglophone with a plural legal system and has recently embarked on law reforms in relation to customary land rights and the place of international law within its legal system. Drawing from theories of legal pluralism and post-colonialism, this doctrinal, case study and comparative enquiry, makes the following original contributions to knowledge. Firstly, the case study is used to argue that international law should expand its description of IPs to include collective of peoples with different cultures. Secondly, it draws from international child rights law to advance the argument that international law on IPs should present them more positively. Finally, the comparative analysis between Nigeria and Kenya on the above subjects has not been made by any known literature at the time of writing.