Law thesis and dissertation collection
Presented here is a selection of theses and dissertations from the School of Law. Please note that this is not a complete record of all degrees awarded by the School.
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Recent Submissions
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Penal transformations: the case of the Chilean juvenile justice system
(The University of Edinburgh, 2020-07-01)This thesis explores the major transformation of the Chilean juvenile justice system that was implemented in 2007. However, this is a much longer process that involves analysing the inter-relationship between polity building, ... -
Criminal procedures in early Seventeenth-Century Scotland: a medieval legacy? Pleading and proving in the case of Isobel Young, prosecuted for witchcraft (1629)
(The University of Edinburgh, 2020-07-01)This thesis explores, through a fresh reading of the court proceedings of a witchcraft case, how the procedures that were used to deal with that crime in Scotland may affect our views on Scots criminal law in the early ... -
Economising international tax dispute resolution: transaction-cost perspective
(The University of Edinburgh, 2020-07-01)The unprecedented extent of globalisation, the growth of international business and global value chains, and businesses’ greater use of tax optimisation schemes have all spurred the proliferation of international ... -
1982 Law of the Sea Convention and the regulation of offshore renewable energy activities within national jurisdiction
(The University of Edinburgh, 2020-02-03)Offshore renewable energy has been developed as an important source of clean energy for achieving sustainable development and tackling climate change. Whilst the generation of energy from the water, current and wind ... -
Exploring the relationship between capital, inequality, and antisocial behaviour in Mexican schools
(The University of Edinburgh, 2020-02-05)Various studies have linked poverty and inequality with problems in schools, including antisocial behaviour (ASB). However, many of these studies have two important limitations that have shaped our view about these ... -
Complementarity between the Nagoya Protocol and human rights: legal implications of the principle of mutual supportiveness with respect to indigenous peoples and local communities
(The University of Edinburgh, 2020-07-01)This is a research project on the potential complementarity between the Nagoya Protocol and the international human rights law with respect to Indigenous peoples and local communities (IPLCs). The Nagoya Protocol is a ... -
Effective and flexible emissions trading markets: international emission trading by networking carbon markets on distributed ledger technology architecture – regulatory and institutional frameworks
(The University of Edinburgh, 2020-06-25)Notwithstanding the apparent lack of success of international emission trading under the Kyoto Protocol, numerous jurisdictions are implementing mitigation mechanisms that put a price on carbon, whether by taxing activities ... -
Justice and society in Strathspey: the Regality Court of Grant, c. 1690-1748
(The University of Edinburgh, 2020-01-22)Prior to the abolition of heritable jurisdictions in 1748 much of Scotland’s judicial business was handled by courts of barony and regality. Historians have debated the importance of these franchise courts in the everyday ... -
What does Privacy by Design mean for Digital Rights Management?
(The University of Edinburgh, 2015-06)This thesis sets out the privacy by design provisions in the draft GDPR, before considering the primary DRM approaches and the ways in which they can be abused to undermine user privacy. It describes the infamous Sony BMG ... -
Data portability as a new means of data protection? Examining the right to data portability in the EU General Data Protection Regulation
(The University of Edinburgh, 2019-11-23)On 25 May 2018, the General Data Protection Regulation (GDPR) came into effect across the European Union. This new Regulation has a number of innovations, notably including a new right for the data subject to port ... -
Historical development of Roman Maritime Law during the Late Republic and Early Principate
(The University of Edinburgh, 2019-11-23)In the period between the end of the Second Punic War and the early Principate, several sources of evidence combine to indicate that the Roman economy experienced some measure of (probably real) growth. At the same time, ... -
Digisprudence: the affordance of legitimacy in code-as-law
(The University of Edinburgh, 2019-11-23)This multidisciplinary thesis is located at the intersection of legal theory and design. It synthesises the practical question of how code regulates (using theories including James Gibson’s/Donald Norman’s affordance, ... -
Revisiting the behavioural patterns of enforcing courts reviewing foreign awards concerning strong public interests under Article V of the New York Convention 1958: from the perspective of foreign awards concerning EU competition law disputes
(The University of Edinburgh, 2019-11-23)International commercial arbitration has unquestionably become one of the most commonly used alternative dispute resolutions owing to the high degree of reliable enforceability of arbitral awards, now enshrined in the ... -
Quest for truth: unilateral measures within the climate change-trade nexus
(The University of Edinburgh, 2018-07-04)This thesis, without trying to forget legal philosophy and jurisprudence, analyses unilateral trade-affecting measures which might be applied by a state or region (e.g. the European Union) to support/promote climate ... -
Tripartite interaction in the community payback order
(The University of Edinburgh, 2019-07-09)The Scottish Community Payback Order (CPO) came into force in February 2011, and was envisaged as a sentence that combined punishment, reparation and personal change. However, research into the CPO has been limited, and ... -
Intentional infliction of mental harm
(The University of Edinburgh, 2019-07-09)The aim of this thesis is to deal with the liability elements of the delict or tort of intentional infliction of mental harm, or, more precisely, to explore questions arising from the three essential elements of the ... -
Cybercrime and everyday life: exploring public sensibilities towards the digital dimensions of crime and disorder
(The University of Edinburgh, 2019-07-09)The thesis provides a novel empirical criminological account of the way the public makes sense of and feels about cybercrime on the one hand, and how they go about managing cybersecurity in their everyday lives on the ... -
Inter-State cyber attacks and the State act element of the crime of aggression
(The University of Edinburgh, 2019-07-09)With the recent activation of the jurisdiction of the International Criminal Court (ICC) over the crime of aggression, the Court is finally in a position to begin hearing prosecutions of individuals for the most egregious ... -
Subsidiarity of unjust enrichment: Anglo-Franco-Scots perspectives
(The University of Edinburgh, 2019-07-09)This thesis examines the supposed subsidiarity of unjust enrichment in English, French (ie, of the action de in rem verso, in the category of quasi-contracts), and Scots law. Its central argument is that the relations ... -
Overlapping norms in the EU legal order
(The University of Edinburgh, 2019-07-09)In this thesis I draw attention to ‘overlapping norms’ as a distinct feature of EU law, show why EU lawyers should be concerned about how they inter-relate, and make the case for clearly articulated and consistently ...
