Library: Law

This Thesis presents a proposal for building an effective, legitimate, and transparent judicial system in the investor-state dispute settlement through an appellate review mechanism for the awards of ad hoc arbitral tribunals. Current investment dispute settlement system includes the arbitration facilities provided by institutions such as ICSID and ad hoc arbitration tribunals agreed by the disputing parties. This Thesis argues that this scheme of investment arbitration lacks the mechanisms for correcting the legal errors and securing the consistency between arbitral awards for the similar iss...

The aim of this paper is to explore prison's class and symbolic dimensions in the Neoliberal Era. Neoliberalism was approached as the empowerment of the market which leads to the dismantlement of the social welfare state and to the strengthening of the penal state for the marginalised populations. Also, it was analysed as the 'conduct of conduct' in the Foucauldian sense, as it was argued that prison is a tool of government, functioning for the management of the marginalised populations. An effort was undertaken to discuss the differences of the US, the 'carceral example', with the European Un...

This research is conducted with an intention to have an overview of the contracts made online, what possible difficulties can arise within such commercial transactions and to assist readers upon the legal ambiance which environs it.

The Internet was designed for effective movement of data -accurate and complete- from any point to any other point. The communication protocols, technological foundation, and original governance of the Internet all worked toward this goal. In contrast, legal constraints on transmission of information often have the obverse objectives of limiting, controlling, or preventing this movement of content. This dissertation proposes that the fundamental architecture of the Internet must change in order to allow effective regulation and legal control of content on the Internet.

International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. Th...

The main aims of this thesis are as follows:(a) To present a comprehensive analysis of the concept of privatisation its origins and limits, (b) To identify the legal and institutional framework for privatisation in different European countries from a comparative perspective; (c) To define and analyse particularly legal issues which arise during the privatisation transactions: e.g. labour law, competition law etc.; (d) To evaluate which features of the successful legal and organisational framework of privatisation have been successful so as to provide guidelines for those individuals and organi...

The delayed development of the Islamic world, in defiance of the formulaic approaches long favored by economists, suggests that the traditional Sharia and Islamic values and principles are at least partially responsible for the region’s persistent backwardness. By analyzing the impact of the legal regime of the Sharia on Saudi Arabia during the Arab Oil Bust of the 1980s, this thesis concludes that Islamic social values and the Sharia’s de facto role as an uncodified pre-emptive Arab common law implemented with high regard to precedent by ulama with extraordinary power of judicial review ha...

The theory and data of environmental science suggest that growth in rates of population, consumption and environmental degradation, as a result of the activities of industrialized societies, has created an ecological crisis to which modern societies must adapt. However, adaptation is problematic. Max Weber studied adaptive social change during the industrial revolution. The evolution of this new way of life was initially problematic because individuals who established industrialism were socialized under feudalism. In this dissertation, I consider The Protestant Ethic and the Spirit of Ca...

In civilised society the rising "crime rate" is a thing of terror. Clever governments manipulate it, the public messianically fear it, and the social scientists misunderstand it. In the face of such confusion Emile Durkheim reminds us that without a crime rate society is utterly impossible; it cannot constitute itself, maintain its solidarity, or develop morally. In short, we cannot live with or without a crime rate.This dissertation is an exegetical work, and attempts to unpack the Criminology of Emile Durkheim. It is divided into six chapters, five of which are expository, the sixth critical...

‘Nervous shock’ cases form an area of law, which illustrates well the operation of judicial policy. It is possible from such cases to trace the changing attitudes of lawyers, doctors and of society in general to psychiatric injury over the last century. These cases also highlight the changing judicial attitudes to the scope of duty of care and to the whole issue of policy decisions.The recognition of nervous shock similarly illustrates the development of medical knowledge in relation to psychiatric injury. The recognition of Post traumatic Stress Syndrome (PTSD) has been a relatively new an...