Browsing University of Galway Theses (PhD Theses) by Subject "Law"
Now showing items 1-20 of 83
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Advancing Science and Controlling the Misuse of Genetic Information in Employment and Insurance - Towards an Effective European Union Regulatory Framework
(2013-08-28)The science of genetic testing and related technology is rapidly advancing. Among other things, genetic testing technology may offer the prospect of being able to detect the onset of future disabilities. It also offers ... -
Allies and enemies, past and present: An analysis of the rationale for the development of universal jurisdiction over serious crimes under international law
(2017-11-08)Universal jurisdiction is a type of extraterritorial jurisdiction in international law. It permits any State to prosecute persons accused of committing certain abuses regardless of where the offence occurred and irrespective ... -
Amplifying disabled people’s voices: The role of national human rights institutions
(NUI Galway, 2023-03-29)This thesis was funded under the Disability Advocacy Research in Europe (DARE) Marie Curie Innovative Training Network. The Network was sponsored by the EU by way of grant agreement 814249. The grant agreement included ... -
The application of Article 107(3)(b)TFEU in systemic banking crises: The need for a new State Aid Crisis Framework for the European Banking Sector in light of the European Commission’s interpretation of the “serious disturbance” exemption as a response to the 2008 financial crisis.
(NUI Galway, 2019-09-27)The 2008 financial crisis illustrated the problems that arise when EU State aid rules are relaxed and Member States are allowed to prop up ailing banking sectors. Member States in effect become subject to a constant drain ... -
Application of the doctrine of adverse possession under English and Nigerian law: A comparative study
(NUI Galway, 2021-06-04)This thesis engages a comparative study of the application of the doctrine of adverse possession under English and Nigerian law. Whilst the pre-colonial geographical entity which later became known as Nigeria had both ... -
Architecture of exclusion: the struggle for land and legitimacy of Palestinians under Israeli law
(2016-10)This research focuses on land law and provides an overview of the right to land under international law, followed by a background of the Israeli/Palestinian conflict. Subsequently, exploring the underpinning of the land ... -
Article 33 of the UN Convention on the Rights of Persons with Disabilities: a new bridge to bring human rights law to the domestic level and create a dynamic of change
(2015-09-30)This thesis looks at Article 33 of the Convention on the Rights of Persons with Disabilities (CRPD). Article 33 requires states to set up a framework, located both within and outside of government, to guide and monitor the ... -
Austerity as retrogression: The rights to adequate housing and social security in the United Kingdom and Ireland
(NUI Galway, 2024-02-13)Austerity measures adopted by State Parties since 2008 had a detrimental impact on social housing and welfare, deteriorating the enjoyment of the rights to housing and social security under the International Covenant ... -
Borrowers and lenders in the residential mortgage context: legacy of the financial crisis on regulatory frameworks in Ireland and Spain
(2016-09-27)The Global Financial Crisis is clearly identifiable as a catalyst for reform of financial regulation and supervision in the period from 2008 onwards. It was also the starting point for the emergence of an indebtedness ... -
Breaking down barriers to reception rights for unaccompanied migrant children in Europe: Does intersectional discrimination matter?
(NUI Galway, 2023-10-10)Introduction ‘States should ensure that children in the context of international migration are treated first and foremost as children’ 1 Although the exact number cannot be known, recent figures indicate that there are ... -
‘Can the feminist movement provide legal services to refugees?’ Feminist lawyering, women refugees and gender based violence in urban Uganda
(NUI Galway, 2024-04-03)‘Can the feminist movement provide legal services to refugees?’ This is the question that this thesis seeks to answer through an assessment of the applicability of feminist lawyering to address gender-based violence ... -
‘Cé leis í?’ Determining the legal position of the ‘Surrogate’ in a surrogacy relationship through the Reproductive Justice Framework: A proposed model for Ireland.
(NUI Galway, 2019-05-29)This thesis asks the question: Cé leis í? (Who is she?) This question refers to the uniquely Irish kinship structure which recognises complex filiation structures. Similarly, advances in assisted human reproduction which ... -
Chinese policy towards UN intervention and peacekeeping: a case study
(2016-03-15)This research investigates the revision of China’s foreign policy in respect to the application of the principle of non-intervention when participating in UN interventions. It achieves this through a detailed examination ... -
Conceptualising domestic violence against women: Between gender-based universal human rights duty and gender-blind national responses
(NUI Galway, 2021-03-22)Despite widespread international acknowledgement of domestic violence against women and a plethora of governmental commitments to eliminate it, the issue remains as prevalent today as it was at the beginning of the domestic ... -
The conservation and sustainable use of biodiversity in areas beyond national jurisdiction of the Costa Rica thermal dome: moving from lex lata to lex ferenda
(2017-09-28)The ocean plays an essential role in environmental, social and economic development worldwide. The aim of the study is to examine the scientific, policy and legal reasons underpinning efforts to ensure the conservation and ... -
Deepening democracy: Participation under international human rights law
(2017-09-30)This thesis examines the principle of participation, through which persons may have a direct role in decisions affecting them. This is said to be an integral principle of the international human rights framework, but thus ... -
Developing a new framework for human rights in older age: Exploration, interpretation and application
(NUI Galway, 2020-04-05)While there is growing attention on the rights of older persons and the feasibility of a new treaty, the conceptual basis for a new United Nations (UN) convention has not yet been clearly articulated. This thesis addresses ... -
Doing justice to gender diversity: Narratives of progress and the limits of law
(NUI Galway, 2020-06-22)The core question of my doctoral thesis asks what is meant by the recognition of gender in law, and what effects the emergence of a multiplicity of gender identities onto international human rights law forums has had on ... -
Drug control policies and human rights
(2015-01-09)This study examines drug control policy through the prism of human rights norms. Emphasis is placed on identifying and analysing the conflicts that arise between rights protection and drug control. The research presented ...