Faculty of Law Disserations

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Browsing Faculty of Law Disserations by Author "Brittain, Stephen"

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    An Intelligent Regulation of Artificial Intelligence – A Brief Analysis of Accountability, Liability and Related Aspects
    (Griffith College, 2022) Nehzan Ekkeri, Mohammed
    This paper provides a legal analysis of some of the most important aspects concerning the regulation of artificial intelligence. The author begun with asking a few questions bearing in mind the broader perspective of how this technology will fundamentally affect humanity, and why it is so important to efficiently and effectively regulate artificial intelligence. As the technology is defined in a way that is capable of performing the tasks that would typically require a human brain, it is already smarter than humans in some aspects, and there is absolutely no limits to which it can grow in intelligence, as has been discussed going forward in the paper. The paper does not look at all the possible aspects of the AI regulations, but it does ponder upon the elements that are broadly and jurisprudentially important to specifically regulate artificial intelligence, and these elements are likely to be present in most of the AI regulations internationally, if at all the regulations are intended to be conforming with the global standard (this presumption is being made due to the kind of artificial intelligence-related policies are shaping across various jurisdictions in the personal opinion of the author). Hence, some of the most important elements (like the accountability, liability, data governance, and legal personality) required for the regulation of AI have been covered in this paper, the different ways in which the EU and China are dealing with this area of law, and critical aspect to EU legislation has been offered with a specific focus on labelling. Finally, an insight on how two of the most dominant regimes of the world are carving a path ahead in this area.
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    Public Policy Issues in International Commercial Arbitration. A Comparative Analysis Between Ireland, Singapore, India and the United States of America
    (Griffith College, 2020) Vesselova, Kelly
    In this dissertation, it was proven that there are issues that exist in international commercial arbitration under the ground of public policy which may be used to set aside or refuse enforcement of an arbitral award. Throughout analysing the differences of contracting States to either the UNCITRAL Model Law or the New York Convention it has been demonstrated that discrepancies between national and international legislation on the public policy ground can be detrimental to the independence of the arbitral tribunal and finality of the arbitral award. As Conventions aimed to harmonise and provide a uniform text that can be applied to both national and international Legislation on arbitration, the public policy ground remains subjective and inconsistent in areas such as the threshold and scope applied. It is clear that court intervention is disadvantageous to arbitration and the need for limitations is evident. Used as a means to allow court involvement in Countries with a weaker judicial system with regards to arbitration, public policy is used excessively to set aside or refuse enforcement of an arbitral award and in some cases decide on the merits. It will be shown that to successfully apply the New York Convention and the Model Law to arbitration, the grounds of public policy and arbitrability should be narrowly construed in accordance with the aim to harmonise and unify international commercial arbitration. By deviating from this aim, this dissertation demonstrated the issues that arise from this by way of broad interpretations and uncertain outcomes of awards.
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    Towards Effective International Banking Regulation and Supervision: The Position of Africa and Case for Global Financial Inclusion
    (Griffith College, 2022) Agbagha Kalu, Nge
    This dissertation explores the position and roles of developing countries especially, African countries, in the International Standard Setting Bodies (SSBs) such as the Basel Committee. It interrogates the fairness, efficacy and propriety of the standards set by these bodies especially the Basel Committee in stabilising the global banking and financial industry. It highlights the continuous core domination in these bodies and the relegation of the countries in the peripheries to the position of rule takers. It examines the context specificity of the African banking and financial environments and highlights the need to take those contexts into consideration in formulating global banking and financial standards. To succeed in its aims, the research employs an evolutive model of legal research embedded with other legal research approaches such as historical, doctrinal, comparative, and critical legal theory. The research shows that the international SSBs do not take into consideration the peculiarity of the African banking, financial and regulatory environments when formulating the global banking and financial regulatory and supervisory standards and this neglect led to African countries implementing global banking standards that are not calibrated to their banking and financial environment. The research reveals that implementing those standards impacted adversely on the continent’s banking and economic system and have put the continent at a competitive disadvantage in terms of development. It contends that the present global banking regulatory architecture and standards are inadequate to meet the needs of most African countries and are not also capable of stabilising the global banking and financial industry and need to be reformed. The dissertation thus recommends among others increased representation and roles of developing countries in the global SSBs. It is suggested that the global SSBs take cognisance of the differentiated standards and build proportionality to their regulatory standards to make it easier for them to be adapted in many jurisdictions. It also recommends that the possible trade-offs be considered before adopting and implementing global banking standards, especially as regards African countries. It calls for the regulation of other institutions like those engaged in shadow banking activities and fintech that posed a systemic risk to the global banking and financial industry.