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(2008, 11 900 words)
The dissertation investigates whether the US departure from the Geneva Conventions and the breach of specific international obligations has paved the way for future violations of international law. The history of the US occupation of Guantanamo Bay is reviewed with reference to their interpretation of the UN regulations. US justification for the 'war on terror' is examined; the applicability of the international principles to the Guantanamo Bay situation is argued; analysis of the current jurisdiction the United States is presented; the importance of clarifying the status of the detainees under the current military jurisdiction and criminal jurisdiction is emphasised.
(2006, 21 300 words)
The dissertation looks at the genocide of Rwanda's government against its citizens in 1994 addressing the contradiction between the observance of the country's independence from foreign interference, on the one hand, and the violation of human rights within the country, on the other hand. Literature is reviewed on the theoretical aspects of state sovereignty, human rights law, the causes and consequences of Rwandan genocide, the role of the media, the church, international organisations such as IMF and World Bank (WB), etc. Research is conducted into the attitudes of citizens about Rwanda's sovereignty to determine whether it was used as a shield to conceal individual rights' violations from international view. The methods of primary data collection (through questionnaires within a sample group) are combined with the research of secondary data. Conclusions are made about the current human rights observance in Rwanda and the functions of the international human rights bodies suggesting recommendations about their work in times of crisis.
(2006, 11 000 words)
The dissertation addresses the issue of the online film piracy in the UK examining the reasons behind the illegal downloading of films via the Internet and its threats to the country's film industry. The review of literature touches on the copyright law in the e-commerce environment, file sharing software, approaches to neutralizing film piracy, etc. The methods of research are based on positivist and phenomenological approaches to the analysis of primary data (obtained via questionnaires and structured interviews) and secondary data. Conclusions are made about the impact of online piracy; recommendations are suggested to the management of the UK film industry.
(2006, 12700 words)
This paper looks at the new measures that are being adopted in the EU to combat illegal immigration. This is being carried out under the framework adopted in Tampere in 1999 and continued in The Hague in 2004. This framework inextricably links immigration and asylum and therefore this paper looks at EU asylum policy also. The paper is divided into four chapters: an overview of the Tampere and Hague programmes; specific illegal immigration policies of these programmes; the evolution of the decision making procedure for immigration and asylum; and the implications the new programme has for Member States obligations under international refugee law.
(2006, 9 500 words)
The dissertation investigates the causes and consequences of working long hours focusing on the study of graduates’ employment in UK investment banks. The review of literature touches upon the ‘long-hour work culture’, its negative effects on individuals, work-life balance research, job security among young professionals, specific features of UK investment banking, etc. Research methods include graduate and undergraduate sampling, the analysis of qualitative data collected through semi-structured face-to-face interviews, and secondary data interpretation. Conclusions are made about the current situation around work-life balance policies, the importance of non-financial rewards along with financial ones in enhancing motivation among young bank employees, etc.
(2006, 11 000 words)
The dissertation investigates the area of English law related to the scope of liability for cases involving economic loss. Academic approaches to negligent misstatement and economic loss are reviewed touching on the types of negligence, fiduciary relationships, duty of care, the assumption of responsibility, etc. References to related law cases are made and discussed. Alternative approaches to economic loss adopted in German and Canadian common law jurisdictions are reviewed. Conclusions are made about the approaches to the extent of liability for negligent misstatement.
(2006, 8000 words)
The dissertation examines the issues of hosting the Olympics in 2012 in London reviewing the tasks of the International Olympic Committee (IOC) and focusing on the protection of sponsorship rights against ambush marketing (AM). The review of literature touches upon the background of Olympics sponsorship, the origins and history of AM, etc. Research philosophy, strategy, data collection methods, etc. are described. Conclusions are made about the possible ways of preventing AM.
(2006, 10500 words)
The dissertation investigates the issues of the international criminal responsibility. Secondary research is conducted on the basis of a literature review relating to the theory and history of state crimes, the issues of state responsibility and individual accountability for international crimes, collective punishment, etc. The arguments for and against the incorporation of state crimes into international law are reviewed; examples of the Nazi Germany, North Korea, 9/11 terrorist attack on the USA, etc. are analysed. Conclusions are made about the effectiveness of the Criminal Organisation Model in promoting international justice.
(2006, 1500 words)
The paper offers a dissertation proposal for the studying the implications of negligent drafting of arbitration agreements for international business. The research objectives and the relevance of the project are outlined; the research methodology is described; the main literary sources on arbitration are listed.
(2006, 11000 words)
The dissertation investigates the legal aspects of the new reproductive technologies addressing the issues of the UK regulation related to childless parents. The review of literature touches on the development of artificial insemination focusing on ‘in vitro’ fertilisation (IVF), consent to treatment, access to IVF, surrogacy, etc. The guidelines on fertility problem treatment issued by the National Institute of Clinical Excellence (NICE) and the UK government are reviewed. Conclusions are made about the existing regulation on artificial insemination.
(2006, 10500 words)
The dissertation investigates the issue of the divide between child abuse and disciplinary punishment. A literature review touches upon the problems of child maltreatment, domestic violence, government strategies in protecting children’s rights, etc. The attitudes of students in relation to child abuse are studied using direct methods (data collection through questionnaires) and secondary data analysis. Conclusions are made about the factors that distinguish child abuse from disciplinary punishment.
(2005, 13000 words)
The dissertation investigates the types of economic crime and UK legislation related to them. Literature is reviewed on the issues of crime, law, definitions of economic crime, the elements of criminal behaviour, the Theft Act (1968), the concept of a beneficial (Pareto efficient) transaction, categories of economic crime, etc. The forthcoming changes in UK law relating to economic crime (the Fraud Act) are discussed.
(2003, 19000 words)
The dissertation aims to investigate the effectiveness of anti-narcotics policies in Colombia examining the market mechanisms of the narcotics business. A review of literature touches on addictive behaviour, market demand for narcotics, sources and trends in narcotics supply, anti-drug policies of prohibition, legislation and treatment, the development of the illicit drug industry in Columbia, the goals and strategies of Plan Colombia, the connection with the drug situation in South Africa, etc. Conclusions are made about Columbian narco-business offering proposals for the development of anti-narcotic policies of prohibition, legislation, prevention and treatment.
(2005, 10000 words)
This dissertation investigates the correlation between changing social patterns of domestic violence and legislation changes in the UK. A review of literature on social change and the recognition of women as legal persons is offered. The methods of case law analysis and survey analysis are described and used to analyse the so-called ‘battered woman syndrome and ‘marital rape in criminal law, ‘property settlement, children residence and access and ‘civil remedies in family law, etc.
(2005, 9500 words)
The dissertation examines Australias insolvency laws (IL) providing a review of literature on the needs and objectives of IL and the issues of voluntary administration including the orientation of the administrative procedure, its abuses, procedural timetable, secured creditors, issues of moratorium, etc. Conclusions are made about the benefits of adding a voluntary administration regime to insolvency law and its role in solving a companys financial difficulties.
(2005, 12000 words)
The dissertation aims to investigate the issues of corporate insolvency in the UK changed under the Enterprise Act 2002. The implications of the Act are subjected to analysis. The review of literature covers the history of insolvency and bankruptcy, the changes in the European and UK bankruptcy law, company / business rescue issues, trends in bankruptcy over the UK, economic rationale for the insolvency law, costs of financial distress, risks for investors, etc. The benefits and limitations of the Act are evaluated and discussed. Conclusions are made about the role of corporate rescue in UK insolvency law.
(2005, 9000 words)
This dissertation compares and contrasts the Hamburg Rules with the Hague Visby Rules. The Hague Rules are the result of the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading. It was signed at Brussels on August 25, 1924. The Convention marked the culmination of negotiations that had been in progress for some years under the auspices of the International Law Association. They came into force on June 2 1931. The rules were designed to bring certainty and legal uniformity to what was then, as it is today, the most important conduit of international trade in corporeal moveable property. References in this paper to the Hague rules will refer to the rules laid out by this instrument. The Hague rules became known as the Hague/Visby rules on the adoption of The Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading. This protocol was adopted to amend the original treaty in Brussels in 1968. It came into force on June 23 1977. These amendments were conducted under the auspices of the Comitù Maritime International, and were largely negotiated in a conference in Stockholm in 1963. They do not stand alone as an independent set of rules, but act only to modify the pre-existing Hague structure. The rules are therefore known as the Hague/Visby rules and will be so referred in this paper.
(2005, 15000 words)
The dissertation aims to investigate auditing practices in the UK presenting a study of the legal cases related to third party liability and arguing the auditors duty of care to any parties other than the client company. Court decisions on the subject are reviewed including the foreseeability of damage by auditors, the proximity of relationship between the parties and the policy of being fair, just and reasonable. Caparo case study is presented; claims made by auditors to limit their liability are outlined including professional identity insurance (PII), joint and several liability, etc. Conclusions are made about the assumption of responsibility by auditors.
(2005, 16000 words)
Disabled people remain one of the most discriminated against and unprotected social groups. This has in part resulted from their treatment as second class citizens, protected under social welfare and charity law. However, major pieces of legislation, including the US Americans With Disabilities Act of 1990, EU Framework Employment Directive and UK Disability Discrimination Act of 1995 have helped to herald a way forward. Measures have been put in place to enforce countries and businesses to comply with legislation aimed at preventing employment-related discrimination and equality for disabled people. Using the medical (personal tragedy) model and social (or rights-based) model of disability as a framework, this dissertation investigated the issues of disability and employment in the UK and US, providing a critical review of the literature and law.
(2005, 9000 words)
The dissertation aims to investigate why capital punishment still exists in the United States. The main research method is a review of literature on the history and the current situation of the death penalty; the US Constitution, Supreme Court and judicial system; the use of capital punishment by politicians; public attitudes towards death penalty, etc. An overview of capital cases is given showing misjudgement and racial bias. Alternatives to capital punishment and the use of DNA testing are discussed. Conclusions are made about the permissibility of the death penalty as a legal method of punishment.
(2004, 12000 words)
The dissertation looks at the legal, social and moral issues surrounding the treatment of psychiatric patients. The human rights of mental patients are analysed in relation to the interests of society. The issues of the compulsory treatment of psychiatric patients are addressed focusing on the Mental Health Act 1983 (MHA) and Human Rights Act 1998 (HRA). The standards by which individuals are assessed for compulsory treatment are defined. Government proposals for reforming MHA provisions and public responses to them are outlined. The paper concludes that current legislation on the matter in question is largely inadequate and needs in depth study of the problem.
(2004, 12 000 words)
The aim of the dissertation is to study the impact of Jeremy Bentham's works on legal theory. The objectives are to analyse the contribution of Bentham's anti-nomian (´anti-lawÎ) theory to the operation of law, and to defend it form criticism. The paper gives a review of Benthan's work Rationale of Judicial Evidence ƒ a guide for judges envisaging a complete system of dealing with judicial evidence. In Benthan's opinion, formal strict rules that govern the law of judicial proof, often lead to misdecision and ought to be replaced by flexible principles of irrelevance, superfluity, etc. that do not bind the will of the judge. The methods used in the research are based on the review of literature covering the works by Postema, Lobban, Schauer, Meyer, Hart, Raz, Twining, etc. that show a significant divergence in opinions about Bentham's theory ranging from 'classical' to 'modern' reconceptions, and touch upon the ideas of defeasibility, asymmetry of authority, indeterminacy, incorporationism, etc. The anti-nomian theory, the paper concludes, presents the realists arguments against the determinacy of legal rules and suggests the rationale for getting rid of current rules rather than reforming them.
(2004, 8000 words)
The paper looks at a recent social phenomenon known in the UK as 'compensation culture' - a willingness of individuals to sue others. It relates to compensation claims that stem from the law of negligence. Types of compensation claims are outlined with the focus on personal injuries; background information about their legal aspects is provided with the focus on Conditional Fee Arrangements (CFA ) and After The Event (ATE) insurance. The paper reviews the actions of Claims Management and Accident Management Companies as well as those of the media and advertising in promoting compensation culture. The conclusions are drawn on the basis of statistical data and public questionnaires about the general change in attitude to claiming that is taking place in todays society. The positions of the government and local authorities are outlined. The case study of a fictitious MR.X is examined. The author compares the situation in Great Britain with that in the USA and makes forecasts about the future of the compensation culture in Britain and its impact on the insurance industry.
(2004, 14000 words)
The aim of the dissertation is to investigate the legal aspects of agency as an institution involved in the international sale of goods. The objective is to analyse Geneva Convention on Agency in the International Sale of Goods 1983 and its impact upon English law. Agency is described as a crucial component of modern business; it is a átripartite phenomenon that implies three legal relationships: between principal and agent, between agent and third party, and between principal and third party. Harmonisation of these relationships based on the uniformity in legal rules benefits international trade. The role of the Geneva Convention and CISG in harmonising international trade and reaching acceptable compromises is outlined. The legal issues of common law and civil law are discussed in relation to commission agency. The doctrine of undisclosed agency is analysed and related to English law under which the agency must be named and disclosed. The review of literature provides theoretical rationale for the study drawing on the works by Muller-Freienfels, Ames and Higgins, Diplock, etc. In conclusion, harmonising methodology is outlined and suggestions are given to further accelerate the intensity of international trade.
(2004, 13000 words)
This thesis is about the E-commerce as an emerging issue in the product delivery chain. The research is made through the literature review with the use of previous works in this field and the case study in Chinas product supply market. The E-commerces functions and its aim to the end customer are discussed. The relevant WTO regulations, relating to the issue, in particular, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) are highlighted. Next, the current status of E-Commerce development in China is examined and the effect of the WTO to E-commerce after Chinas entry into the WTO is analysed. The Chinese legislation for E-commerce is presented and some recommendations for the E-commerce regulations development in China are given. In final, the thesis concludes by stressing on the E-commerces topical interest within the modern business environment changes and the necessity of the WTOs regulations to adapt to the specific market trends and local legislations.
(2004, 10000 words)
The dissertation attempts to define main European values, critically discusses debates around them and analyses implications of values to the legal framework of the EU
(2003, 10500 words)
The institution of asylum faces a serious crisis in the UK, and is increasing being recognised as an alternative path to immigration. The need for reform within legal, political, economic, and social perspectives has never been more imperative, and is so frequently at the forefront of critical public debate. Throughout recent decades people have been forced to flee from their own countries as a result of persecution, armed conflict and violence, and in every part of the world governments, armies and rebel movements have resorted to removing people by force in order to maintain their political and military objectives. Asylum law continues in its attempts to adapt with the ever-changing state of asylum, but the circumstances of today's society, burdened with ongoing war, oppressive governmental regimes, and economic breakdown, makes it increasingly more challenging for the UK government to effectively control the asylum crisis. The introduction of the Nationality, Immigration and Asylum Act 2002 is the latest attempt to reform the asylum system in the UK, yet in effect it does little to fulfil vital international obligations and assist those who have no support or protection in their own countries. In this work it will be identified the shortfalls of the 2002 Act and its inability to revolutionise the asylum system in the UK. In particular it will be focused on the adverse impact it will have on current and future asylum seekers in respect of their entitlements to welfare support and benefits. Chapter One will provide a full background of the development of UK asylum law in order to identify the route it has taken to reach its current position, and investigate the reasons why the government is demonstrating a more restrictive approach to asylum policy. Chapter Two will concentrate on the failings of the previous asylum policies discussed in Chapter one and examine why there was a significant need for reform. Chapter Three will identify the failings of the 1999 Act, in particular highlighting the controversial issues surrounding refugees entitlements to receive support. Following on from this, Chapter Four will introduce the proposed changes to the 1999 asylum system and present the revolutionary reforms for 2002, allowing particular consideration to the changes to the support system and the controversial issues surrounding the accommodation centre proposals, which will be discussed more specifically in Chapters five and six. Finally, the conclusion is drawn
(2004, 16000 words)
This dissertation aims to analyse the controversy surrounding the sterilisation of women with learning difficulties. The dissertation examines the subject from many angles and focuses on the human rights perspective.
(2004, 11046 words)
This paper seeks to analyse and compare the elements and forms of 'misappropriation' offences in the Russian law with the elements of 'theft' as defined in section 1 of the Theft Act 1968 of England and Wales. This is a particularly interesting area of law to compare because the meaning of 'theft' in Russian Criminal Code is not the same as under the Theft Act 1968 and it is interesting to examine how and why both laws differ and compare. As well as identifying the differences and similarities, this paper will examine what are the problems that arise under both systems in relation the 'theft', whether there are any similarities between them, how would, for example, problems that exist under the Theft Act 1968, be dealt with under the Criminal Code of the Russian Federation 1996 and lastly whether there are any recent developments in both systems that would help to avoid some problematic areas.
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