Browsing Law School (Theses and Dissertations) by Title
Now showing items 66-85 of 137
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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 ... -
Protecting childhood: a children's rights approach to the interpretation of the 1951 Convention relating to the Status of Refugees
(Trinity College Dublin. School of Law. Discipline of Law, 2017)This thesis explores the possibility of a children?s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children?s rights approach, ... -
Realising the right to health in private and public law
(Trinity College (Dublin, Ireland). School of Law, 2013)The methods used in this thesis were primarily literature-based involving a review of relevant international and national jurisprudence relating to international human rights law, constitutional law, administrative law and ... -
Reassessing the approach to jurisdiction in civil and commercial matters: Party autonomy, categorical equality and sovereignty
(Trinity College Dublin. School of Law. Discipline of Law, 2018)The subject of conflict of laws and the topic of judicial jurisdiction in particular are not often theorised about. This work aims to contribute to the scholarship in the area by offering a revised look on values ... -
Reconsidering the goals of Irish corporate rescue law : identifying appropriate models and legal provisions suitable for a small open economy
(Trinity College (Dublin, Ireland). School of Law, 2016)The Companies (Amendment) Act, 1990 as amended has proven to be one of the most controversial pieces of commercial legislation introduced in the State. This thesis investigates for the most part formal company rescue law ... -
Reforming the framework for employment litigation and dispute resolution in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2013)This Research Project critically appraises the current dispute resolution mechanisms for employment law in Ireland. This exploration provides the basis for submissions to improve the overall service for workers, employers ... -
Regulating Crowdlending: A Critical Analysis of the European Union?s ECSPR
(Trinity College Dublin. School of Law. Discipline of Law, 2023)In 2020, the EU made its first foray into crowdlending regulation with the European Crowdfunding Service Providers for Business Regulation. This thesis explores whether the ECSPR has adequately responded to its regulatory ... -
Remedies for defective housing: devising a model for legal redress and regulatory reform
(Trinity College Dublin. School of Law. Discipline of Law, 2019)A number of significant building failures have come to light in Ireland in the past twenty years. These failures widespread non-compliance with Building Regulations, necessitating the evacuation of the Priory Hall apartments ... -
Renewable energy in Ireland : law, policy and practice
(Trinity College (Dublin, Ireland). School of Law, 2001)