Browsing Law School (Theses and Dissertations) by Title
Now showing items 58-77 of 137
-
The Law of Securitisation in Ireland
(Trinity College Dublin. School of Law. Discipline of Law, 2018)The process of securitisation is a new and innovative financing method that enables capital utilisation, improves market efficiency and allows a better allocation of risk. Evolved over the last few decades, securitisation ... -
The legal scope to use public procurement to achieve horizontal objectives
(Trinity College Dublin. School of Law. Discipline of Law, 2020)The fundamental object of public procurement concerns the acquisition of a product, the delivery of a service or the completion of a work. Where a contracting authority seeks to incorporate criteria which are not necessary ... -
Legislating Against Hate Crime: Considering International Frameworks for an Irish Context
(Trinity College Dublin. School of Law. Discipline of Law, 2019)Across the common law world, legislation which has the aim of combating hate crime has become a familiar part of the criminal code. The Irish State has been historically reluctant to introduce hate crime legislation, and ... -
Liability and peaceful, civil space activities at national, regional and international levels : selected legal issues
(Trinity College (Dublin, Ireland). School of Law, 2010)The thesis "Liability and Peaceful Space Activities: Selected Legal Issues at National, Regional and International Levels" defines space activities by reference to the historical development of the space industry, its ... -
Liberalisation and restructuring of the electricity industry : is regulatory uncertainty the weakest link? The devil is in the detail. Focus-Republic of Ireland
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis examines the European Union's restructuring and liberalisation policy of the electricity industry. It details the level of implem entation of this policy in law and in practice, particularly, in the case of the ... -
Life, death and the transformation of the Western jurisprudential tradition : a comparative critical analysis of constitutional, legislative and judicial strategies
(Trinity College (Dublin, Ireland). School of Law, 2013)A comparative analysis of the constitutional, legislative and judicial strategies employed in the intentional recalibration of the traditional Western embodiment of the principle of the sanctity of life in order to legitimate ... -
Making Capital Markets Work For Africa: Interrogating Progress, Challenges and the Pursuit Of Integration
(Trinity College Dublin. School of Law. Discipline of Law, 2022)The work which follows examines the foundation, state, and practice of stock market integration projects in Africa which are fronted as a solution to making capital markets work for Africa. There is a consensus that African ... -
Medical Negligence Litigation in Nigeria: Identifying the Challenges and Proposing a Model Law Reform Act
This thesis examines the present law and practice of Nigeria in relation to medical negligence litigation and makes proposals for reform. The present position is highly problematic. There are major shortages in medical ... -
The Occupying State as Legislator in Occupied Territory: Challenges to the duty imposed by the international law of belligerent occupation to respect the existing law and institutions in occupied territory
(Trinity College Dublin. School of Law. Discipline of Law, 2020)The Occupying State as Legislator in Occupied Territory: Challenges to the duty imposed by the international law of belligerent occupation to respect the existing law and institutions in occupied territory Author: David ... -
On the origins and evolution of the Revenue Rule: the quest for certainty
(Trinity College Dublin. School of Law. Discipline of Law, 2017)The thesis advanced in this work is that the Revenue Rule, which stipulates that whilst forum courts may recognise a foreign tax law, they will not enforce it, does not meet the criteria of certainty. Uncertainties arise ... -
Pathogens, punishment and public health : some jurisdictions have not yet prosecuted exposure to, or transmission of, a pathogen during sexual activities - should they do so now?
(Trinity College (Dublin, Ireland). School of Law, 2017)To address the central question, I consider the philosophical and theoretical perspectives relating to criminalisation and punishment, concluding that criminalisation may be justified on a standard harm analysis but that ... -
Patient Safety and the Law : A Multi-Jurisdictional Comparative Assessment of Strategies to Reduce Medical Error and Improve Patient Safety
(Trinity College (Dublin, Ireland). School of Law, 2017)In 1999, the Institute of Medicine released their landmark report To Err is Human: Building a Safer Health System. The report drew wide-spread attention to the unacceptable number of adverse events occurring within the ... -
People, states and hope : cosmopolitanism and the future of international law
(Trinity College (Dublin, Ireland). School of Law, 2010)The term “cosmopolitanism” has been said to have become a key word of our time. The thesis presented here is that the political philosophy of cosmopolitanism is of relevance to, and has a history within, international law, ... -
Planning and pollution law in Ireland
(Trinity College (Dublin, Ireland). School of Law, 1983) -
Power in The Wind
(Trinity College Dublin. School of Law. Discipline of Law, 2018)Employing the uncertain pursuit of Ireland's 2020 renewable electricity target as a case study, this thesis examines the role of law, policy and regulation in the promotion and development of wind energy. Specifically, ... -
Presumed competent? : an analysis of the Irish criminal jury
(Trinity College (Dublin, Ireland). School of Law, 2012)This thesis provides a comprehensive overview of the Irish criminal jury in its legal and social context. It investigates whether the judiciary effectively applies a presumption of competence to the jury. It argues that ... -
Prison Law: Prisoner Experiences of Accountability Mechanisms in Ireland
(Trinity College Dublin. School of Law. Discipline of Law, 2022)Despite the growth in bodies which play a role in prison accountability, limited data exists on how prisoners experience structures set up to achieve accountability, in particular inspection and monitoring bodies, and those ... -
Private property rights in the Irish Constitution
(Trinity College (Dublin, Ireland). School of Law, 2011)This Thesis analyses the protection of private property rights in the Irish Constitution both critically and constructively. Critically, it examines the results driven nature of Irish constitutional property doctrine through ... -
Procedural Transparency in Investor-State Arbitration
(Trinity College Dublin. School of Law. Discipline of Law, 2019)The aim of this thesis is to contribute to a paradigm shift from confidentiality to greater transparency in investor-state arbitration by providing a theoretical framework for that paradigm shift and by demonstrating how ... -
A proposal for a single model of equitable estoppel
(Trinity College Dublin. School of Law. Discipline of Law, 2017)The research objectives were to build a unified equitable estoppel model that simplified the irregularities in the equitable estoppels as identified in England, while consolidating the essential principles to be applied ...