LLM in International Commercial Law

Permanent URI for this collectionhttps://dspace.griffith.ie/handle/123456789/447

Browse

Browsing LLM in International Commercial Law by Author "Healy, Denis"

Filter results by typing the first few letters
Now showing 1 - 2 of 2
  • Thumbnail Image
    Item
    Regulating and Advancing Smart Contracts: A Comprehensive Study of Legal Frameworks, Technological Progress, and International Cooperation
    (Griffith College, 2024) DeAgro, Katelyn
    Blockchain technology has significantly transformed the financial sector through the advent of smart contracts—self-executing digital agreements that automate and secure transactions via decentralised networks. Despite their transformative potential, the widespread adoption of smart contracts is impeded by regulatory fragmentation, technological limitations, consumer protection concerns, and issues of legal enforceability. This dissertation offers a comprehensive analysis of these challenges and proposes strategies to facilitate the integration of smart contracts into global financial systems. The study begins with an examination of the current regulatory landscape, identifying inconsistencies and gaps that obstruct effective implementation. It underscores the need for regulatory harmonisation and standardised protocols to address legal uncertainties and enhance operational efficiency. Key initiatives for fostering international regulatory collaboration, including information-sharing platforms and cross-border regulatory sandboxes, are evaluated for their potential to streamline compliance processes and improve interoperability. Technological advancements are also a critical focus of this research. The dissertation explores how Layer 2 solutions—such as zk-Rollups and Optimistic Rollups—and emerging technologies like artificial intelligence (AI) and machine learning (ML) can address scalability and efficiency issues. These innovations hold promise for enhancing smart contract performance, security, and adaptability, making them more suited to complex financial transactions. Consumer protection is addressed through an analysis of disclosure requirements, dispute resolution mechanisms, and fairness in smart contract transactions. The study emphasises the necessity of transparent practices and robust protection measures to build trust and foster broader adoption. Finally, the dissertation investigates the legal status and enforceability of smart contracts, advocating for legislative clarity and judicial recognition to provide certainty for stakeholders. It also explores the advantages of international coordination in establishing a consistent legal framework for cross-border smart contract applications. By integrating insights from regulatory, technological, and legal perspectives, this dissertation offers actionable recommendations to support the effective adoption and integration of smart contracts into the global financial ecosystem. It aims to contribute to the development of a more cohesive and innovative financial landscape, driving progress and efficiency in international transactions.
  • No Thumbnail Available
    Item
    The European Right to be Forgotten in the Context of Search Engines
    (Griffith College, 2022) Morais Da Silva, Alanna
    In this dissertation, the implementation of the right to be forgotten in the context of search engines throughout Europe was analysed, notably considering the CJEU case-law. The whole examination examined the balancing test which must be present when controllers of personal data deal with removal requests. In such an assessment, the contrasting rights and interests of data subjects and the general public must be weighed up in order for search engine operators, data protection authorities or judicial authorities to reach a decision regarding the suppression of information from the Internet. The CJEU recognition of search engine operators as controllers of personal data in Google Spain gave rise to some criticism regarding the public role such private companies would be playing, as opposed to what the neutrality principle proposes. Nevertheless, theses private entities possess more financial resources and availability of staff to handle such cases, which renders the Court’s decision comprehensible. Following this judgment, the right to be forgotten was codified in the General Data Protection Regulation, although some points remained undiscussed. In this sense, GC and Others addressed the general prohibition of processing sensitive data, in which the Court decided that search engine operators must act only after receiving a de-referencing request involving such types of data, not in a systematic manner. Additionally, Google v CNIL highlighted the debate concerning the extraterritorial application of EU data protection laws worldwide. In a cautious approach, the Court decided that the erasure of personal data must take place inside the European Union, however it still recognised the rare possibility of requiring a global de-indexation, although it cannot be easily foreseeable once such requirement would create endangering and unnecessary tensions between the Union and third states. Despite the impossibility of completely removing content from the digital space, some measures may suffice to prevent the access of information. In this sense, some solutions were proposed to make the application of the erasure of personal data on the Internet more effective. Accordingly, it includes expiration dates, segmentation, pseudonymisation and public-private partnerships, which, in essence, would help to minimise the current administrative burden of search engine operators, while providing more protection of personal data for Internet users as well as greater public oversight of the measures taken by private entities in implementing such right.