Law, School of: Recent submissions
Now showing items 21-40 of 460
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Economic fragmentation in the legal system of the Late Roman Empire
(The University of Edinburgh, 2022-03-21)The dynastic crisis of the so-called “Crisis of the Third Century” is often associated with a period of economic fragmentation in the Roman Mediterranean. However there have been few attempts to define precisely what ... -
International law: Kurdistan, Kurds and self-determination
(The University of Edinburgh, 2022-03-17)How does a distinct people become the world’s largest stateless nation? Dispersed but contiguously situated in the Mesopotamian plain and the eastern-Anatolian plateau of the Middle East, the Kurds were granted the right ... -
Construction, sources, and implications of consensualism in contract: lesson from France
(The University of Edinburgh, 2021-12-01)This thesis is concerned with the historical origins, implications, and evolution of the principle of consensualism in contract. It presents ideas on consensualism as not innate but arrived at by stages. These are ‘the ... -
Instance of the environmental turn: the evolution of the law of the sea and marine protected areas within national jurisdiction, with focus on networks of and large-scale marine protected areas
(The University of Edinburgh, 2022-03-15)In the last half century there has been an environmental turn in the perspective and priorities of the international community regarding the oceans, with a novel focus of protection of the marine environment and its ... -
Social harms in borderised spaces: the case of Lampedusa
(The University of Edinburgh, 2022-03-01)As migration control has risen to the top of the political agenda in the European Union, member states’ border control practices have been attracting increasing criminological scrutiny, as shown by the growing field ... -
Just price theory: a reassessment
(The University of Edinburgh, 2021-12-01)The main aim of this thesis is to provide a reassessment of the age-old idea that there is a just price of things. It does so by endorsing a virtue-based approach to price justification, one that is both value pluralist ... -
Role of the Scottish devolution ‘settlement’ in the recognition of constitutional statutes and Britain’s unwritten constitution
(The University of Edinburgh, 2021-12-01)Because the British constitutional order is notoriously uncodified, though not truly ‘unwritten’, we must excavate a little deeper to expose the roots of the constitution. That the British constitutional order includes ... -
Augmenting corporate governance and minority shareholders’ safeguards in the State of Qatar: lessons from the United Kingdom
(The University of Edinburgh, 2021-12-01)The problem of corporate governance and minority shareholder protection in the State of Qatar is path dependent. The permanency of agency cost, as a result of path-dependent variables, such as cultural and political factors, ... -
Trust beneficiaries and third parties
(The University of Edinburgh, 2021-12-01)This thesis is about the juridical nature of the beneficiary’s right in a Scottish trust. Its central contention is that the beneficiary holds no more than a personal right against the trustee. The focus of the discussion ... -
Legal challenges relating to the evolution of money in the Fourth Industrial Revolution (FIR): a new analytical framework
(The University of Edinburgh, 2021-07-31)In Clerke v Martin, Lord Holt, facing a diffusion of promissory notes, stated that these instruments were only an invention of “Lombard Street, which attempted in these matters of bills of exchange to give laws to ... -
Towards China's development goals: an evaluation of the role played by China's foreign investment legal regime
(The University of Edinburgh, 2021-07-31)This thesis evaluates the role played by China’s foreign investment legal regime in leading its inward and outward investments towards the country’s development goals. China has set five development goals that are ... -
Reconsidering the question of the link between the parties in Unjust Enrichment claims
(The University of Edinburgh, 2021-07-31)Much of the current debate in unjust enrichment scholarship revolves around two distinct problems. The first problem is identifying the kind of connection between claimant and defendant that suffices to support an unjust ... -
Precautionary principle and the protection of Indigenous Peoples’ Rights in the case of activities on their lands
(The University of Edinburgh, 2021-07-31)This thesis focuses on how the Precautionary Principle, a general principle of international law, can strengthen the protection of Indigenous peoples’ rights, when States’ actions may affect their lands and territories. ... -
Taxation and state aid: the notion of fiscal state aid and the Commission's new approach
(The University of Edinburgh, 2021-07-31)This thesis examines the notion of State aid, encompassed in Article 107(1) TFEU, as it applies to fiscal cases. This analysis is important, as the notion of fiscal aid is, due to its fiscal subject matter, different from ... -
How is human trafficking regulated in the UK? A critical examination of the UK's anti-trafficking response
(The University of Edinburgh, 2021-07-31)Over the last decade, jurisdictions across the UK have paid increased attention to the problem of human trafficking, as exemplified by the enactment of new specialised legislation (reserved and devolved), the increase ... -
Landlord's hypothec in Scots law
(The University of Edinburgh, 2020-11-30)This thesis considers the law of the landlord’s hypothec in Scots law. It is divided into three parts. Part A examines the history of the hypothec from its introduction into Scotland in the sixteenth century to the ... -
Assessing the standard of legitimacy in the United Nations climate change regime through a compensatory constitutionalism lens
(The University of Edinburgh, 2020-11-30)The thesis assesses the standard of legitimacy in the United Nations climate change regime through a compensatory constitutionalism lens. The objective of the research undertaken is to recast the narrative surrounding ... -
Contesting citizenship: an intersectional feminist approach to abortion in international human rights law, with a focus on El Salvador and Ireland
(The University of Edinburgh, 2021-07-31)In October 2012, the death of Savita Halappanavar reignited the abortion debate in the Republic of Ireland. In March 2013, ‘el caso Beatriz’ drew international attention to the complete criminalisation of abortion in El ... -
Conflict-Related Sexual Violence: Exploring Feminist Engagements with Law and Armed Forces
(The University of Edinburgh, 2020-11-30)This thesis explores militaries’ efforts to prevent and respond to conflict-related sexual violence (CRSV). As militaries around the world declare their commitment to gender mainstreaming and implementation of the Women, ... -
Caught between desire and danger: power, agency and emotion work in American college women's heterosexual lives
(The University of Edinburgh, 2021-07-31)This empirical study, grounded in a feminist epistemology, analyses young, American college women’s reflections on their heterosexual lives. The context of these women’s heterosexual experiences provides a backdrop to ...
