Welcome to Griffith Open
Griffith Open collects, preserves and makes freely available research publications by Griffith College staff and learners. These can include, but are not limited to, theses, peer-reviewed articles, book chapters, working papers and conference papers, professional presentations, exhibitions and teaching resources. Where material has already been published it is made available subject to the open-access policies of the original publishers. This service is maintained by Griffith College Library.
Recent Submissions
An Assessment of The Recognition and Enforcement of Arbitral Awards in International Commercial Arbitration and The Role of International Conventions
(Griffith College, 2024) Cahill Ruá, Andrea
This study shows how international commercial arbitration is a great, but not perfect. From researching this area it is evident that there are legal uncertainties in the recognition and enforcement of international commercial arbitral awards. International commercial arbitration comes from ADR (Alternative Dispute Resolution), which has become increasingly popular.
For those who go through arbitration are seeking to keep their disputes out of the court's. Those may think that after going through international commercial arbitration that the process is finished with an award, this is not the case for some. The purpose of this research is to show that the system for the recognition and enforcement of international commercial arbitral awards
needs to be changed. To explore the underlining factors that cause the confusion within the recognition and enforcement of awards, by examining the language used in the laws of awards and recognition and enforcement of awards. Through this issues found in the context of the laws proved it is difficult to recognise and enforce awards not because of the facts of the cases but because of the unpredictability of the laws. Also to assess the effects of the international conventions on the recognition and enforcement of international awards. This was achieved by explaining the conventions and why they were set up to further the courts compliance. It was discovered that while the development of the conventions was beneficial they did not provide clarity within their laws. This study also proposes reform to fill in any discrepancies or uncertainties in these laws to better the international commercial arbitration system. This is by selecting laws that are not appropriately worded and proving how these are issues. This study uses various legal methodology including the doctrinal, comparative, historical and sociological approach to help better the research of this paper and to draw appropriate conclusions.
Examining the Gender Pay Discrepancy in Ireland in Comparison to Sweden
(Griffith College, 2024) Tadiwanashe Shoko, Matipaishe
This dissertation presents a comparative analysis of the gender wage gap in Ireland and Sweden, two countries with distinct approaches to gender equality and economic policy. Despite the fact that both countries have made significant strides towards advancing gender equality, there are still differences in the wages of men and women. This research looks at the structural, cultural, and policy-related elements that contribute to the gender wage gap while also analysing the historical and modern contexts of religion, corporate governance, legislation and economic benefits in each nation. Part-time work, career interruptions, and occupational segregation all have an impact on the wage difference in Ireland. The gender wage gap in Ireland is a result of a number of factors, including occupational segregation where women are primarily employed in lower-paying industries with higher rates of part-time work among women, and career interruptions primarily caused by caregiving responsibilities. A salary inequality that has been hard to close despite legislative and legislative efforts is the result of these problems, which have been made worse by persistent gender biases and a delayed adoption of progressive gender laws. In order to address these discrepancies, legislative measures have been introduced, such as the Gender Pay Gap Information Bill 2019 and the Employment Equality Acts 1998-2015, which prohibit gender discrimination and require pay transparency. However, persistent gender biases and the delayed adoption of work-life balance promoting regulations have restricted the effectiveness of these pieces of legislation. However, on the other hand, greater emphasis on gender equality in the workplace, more generous parental leave legislation, and a larger percentage of female labour market involvement are all thought to be contributing factors to Sweden's reduced wage difference. This paper illustrates the effects of differences in legislative frameworks and cultural attitudes on gender wage gaps by drawing comparisons between both of these countries. Further, the findings provide insightful information for policymakers seeking to achieve greater economic fairness by highlighting the significance of comprehensive and context-specific methods to overcome the gender wage gap. Sweden, on the other hand, which is well-known for its progressive laws towards gender equality, has a smaller gender salary difference. Strong anti-discrimination legislation, comprehensive parental leave programs, and childcare subsidies are just a few of the measures in Sweden that encourage more women to enter the labour sector and continue their careers. Sweden's smaller salary gap is also partly explained by its deliberate efforts to decrease occupational segregation and its emphasis on encouraging equal representation of women in leadership posts. Furthermore, proposals for reform have been included in order to find ways to combat this issue. This research looks at both sides of the coin in order to provide accurate findings.
The Protection of the Rights of Persons with Impairment in the NW and SWR of Cameroon: An Evaluation of the Legal Frameworks
(Griffith College, 2024) Anjeh Kelton Fongang, Anjeh
In Cameroon, the level of discrimination accorded to people with impairments by those without impairments is alarming, which has called for concern. However, the protection of the socioeconomic and political rights of people with impairments is critically examined in this thesis. These rights are protected by several international, regional, and local legal frameworks. In addition, the numerous difficulties faced by this vulnerable population have worsened due to the ineffectiveness of the laws, which further reduces the level of protection that is granted to people with impairments in Cameroon and the North West and South Regions (NW and SWR) in particular. Moreover, this dissertation aims to evaluate the current legal protections for persons with impairment in Cameroon while examining how violation of their rights creates barriers that challenge their daily activities and make them appear vulnerable. In addition, the findings of this research reveal the negative attitude, that society has toward “Persons living with Disability” is because of the term ‘Disability’, judging from the definition drawn by the Social Model of Disability to mean “Inability”, which is why the public feels reluctant to safeguard the respect of their dignity. For this reason, the research proposes a more inclusive terminology (Impairment). A term that was commonly used by the Medical, Social, and scholars of Disability. This is why the research analyzed concrete distinctions between Impairment and Disability, treating them as separate concepts. This inclusive strategy will help transform people’s attitudes towards Persons who are living with temporal or permanent impairment and strengthen cordial relationships between impaired and non-impaired individuals. This will be a positive force to reduce discrimination, and stigmatization and enhance the integration of persons with impairments in various societal sectors. Thus, the thesis did employ both primary and secondary sources of information, with the use of textbooks, journal articles, case law, and legislation to provide a concrete analysis of the research.
The extraterritorial influence of GDPR : The Brazilian Case
(Griffith College, 2024) Eduarda R. Queiroz, Maria
The primary objective of this dissertation was to assess the influence of the
General Data Protection Regulation (GDPR) on Brazilian legislation concerning
data protection, specifically the Lei Geral de Proteção de Dados (LGPD). Through
a comparative analysis, this research examined the key elements of both regulatory
frameworks, highlighting their similarities and differences. Employing historical,
doctrinal, and comparative methodologies, the study uncovered that the GDPR
significantly shaped the development of the LGPD, serving as a foundational
model for Brazil’s approach to data protection. However, it also demonstrated that
the LGPD incorporated specific adaptations to align with the realities of Brazilian
society and legal culture. These adaptations ensured that the LGPD addressed
unique national concerns while striving to meet international standards for data
protection. The findings contributed to the understanding of how global regulatory
frameworks can influence local legislation, shedding light on the complexities of
implementing data protection laws in diverse sociocultural contexts.
PERSONAL DATA PROTECTION UNDER EUROPEAN AND TURKISH LAW – ASSESSMENT OF GDPR AND PDPL
(Griffith College, 2024) Melekoglu, Seyma
With the rapid development of information and communication technologies, the increasing sensitivity in the collection, processing and storage of personal data has increased the necessity of legal regulations. In 1995 Directive 95/46/EC, the first framework legal regulation in the field of personal data protection in European Union law, entered into force. Later, due to the need for more detailed regulations with the advancement of technology and the inability of Directive 95/46/EC to ensure uniformity in this field, the need for re-regulation was felt and thus, the European Union General Data Protection Regulation (the GDPR) was adopted in May 2016. Considering the Turkish law, the Personal Data Protection Law (the PDPL), which is the first framework law prepared on the basis of Directive 95/46/EC, entered into force in 2016. The question of whether the PDPL is incomplete in terms of the innovations brought by the repeal of Directive 95/46/EC and the adoption of the GDPR has been raised and the need to carry out this study has been felt. In this study, firstly, the legal nature of personal data protection law and its historical development in Turkish and European law are emphasised and the legal regulations in Turkey and the European Union in this field are mentioned. Secondly, the basic concepts and the principles and conditions of data processing are explained. Afterwards, based on the guidance of the GDPR, the rights of the data subject and then the obligations of the controller are detailed. Finally, the various means of protection of personal data are discussed within the framework of the application to the controller, administrative sanctions, criminal sanctions and general regulations, and the deficiencies of the PDPL are addressed. The aim of this study is to reveal the harmonisation and differences between the provisions of the GDPR and the PDPL. Although it is seen that the PDPL is largely compatible with the GDPR in terms of basic principles, it is concluded that it would be beneficial to make changes and additions to the PDPL and to improve it according to the GDPR, especially in terms of issues such as liability, sanctions, individual rights and data protection measures.