Faculty of Law Disserations

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Customs Valuation Appraisement Methodology: a Comparative Analysis of European and United States Governing Legislation
(Griffith College, 2015) Aheme, Andy
This research sets out to identify the customs duty appraisement methodology best suited to modem international trade. The research identified the most effective method from the position of reducing operational barriers to trade. The operational review identified that the use of an appraisement methodology could be detrimental to trade overall, acting as a barrier to trade facilitation and fueling internal competition. The research also identified why traditional protectionist measures do more harm than good to the domestic activity of the trade nation employing such measures. Research methods employed as part of this study included a mix of qualitative and quantitative research through industry research surveys focused on EU and US industry professionals. Legislative analysis and practical observations from industry experience were also considered within the research. The major findings of this research were that the US has clearly founded legislation driving the use of a specific method of appraisement aimed at ensuring equity and fairness amongst its member states. In contrast, the European method creates internal competition through lack of appropriate legislation, demographics and misalignment across tax law. Therefore, allowing individual member states to implement programmes to promote locations as a point of import, thus creating internal competition amongst member states. The main finding was that alignment of legislation and practise between the two trade blocks would be advantageous to trade facilitation overall. This is a significant consideration, given that the centre of this research focused on trade facilitation measures of the two largest trade nations in the world, as they look to embark upon a trade facilitation agreement. There is no evidence available in the public domain to show that this misalignment between processes and practices has been considered, or how it will ultimately lead to disparity in trade practices. The limitations of this research were that, because of its unique nature, very little information was available on the financial impact of alignment. For this reason, further study is needed in this area of duty appraisement alignment, together with any financial impact that this may have on either trade block.
The EU's Common Security and Defence Policy: A work in Progress?
(Griffith College, 2015) Gavin O'Reilly
"The World must know what happened and never forget" General Eisenhower's quotation demonstrated the severity of the suffering, brutality and inhuman treatment pertrated by the Third Reich against the civilian population. Allied Forces were appalled by the nature of these atrocities subsequently discovered after Germany's surrender. The sheer destruction of Europe combined with the civilian death toll strongly influenced European leaders to co-operation in the area of defence in order to prevent a future conflict in Europe. Following the war, Europe became embroiled in a political and military struggle between two opposing superpower civilisations namely the USSR and USA. This thesis aims to identify and critique the political contours encompassing the foundation, evolution and development of European security and defence policy. This thesis will conduct an analysis of the influencing factors impeding EU security an defence progression and conclude with an overview of CSDP today and its challenges in the future.
The commercial nature of higher education institutions in The European Union
(Griffith College, 2016) Theophane Cornet, Jean
In this dissertation it was shown that higher education is considered as a commercial activity in Europe. Indeed, the research that has been undertaken in the field of European law, more specifically on the European Convention on Human Rights and in European competition law, and in French law, with the French constitutional law and the French competition law, proving the commercial nature of higher education institutions. However, the domain of higher education has a special status due to the fact that education is often seen as being part of the sovereign power of the Member States and as such, usually considered as being pa11 of the public service of each Member State. Regarding this particularity, public higher education institutions are often, de facto, rejected from the application of competition law as soon as the Member State considered that this institution was part of the public service. As a result, in France, private higher education institutions are often subject to competition law and, on the contrary, public higher education institutions are systematically rejected from the field of competition law regarding their different nature and the notion of public service. Besides the unequal situation berween private and public higher education institutions in France, there is no exhaustive definition of the content of the public service of education. In consequence, the application of competition law seems to depend only on the discretionary power of the French state in that matter. All higher education institutions are considered to be commercial by nature under European law but they don't get the same treatment depending on their public or private nature and on the discretionary power of the state.
The content and implications of the Right to be Forgotten: Confrontation between the European Union and the United-States.
(Griffith College, 2016) Singer, Lucile
In the Google Spain-Costeja case the CJEU recognised fonnally a right to be forgotten. It revived the traditional debate on privacy v freedom of speech. This thesis will first define the right to be forgotten from a theoretical point of view, using scholarly work. It will next demonstrate that the right to be forgotten fits intro broader personality rights such as the right to privacy and the right to personal identity. Secondly, this study will consider the right to be forgotten in the United-States. It will show that it is not a new concept in the US. The United States will be compared to the EU jurisdiction, particularly its different approach to legislate privacy and its different ideology subordinated to First Amendment rights. Thirdly, the thesis will focus on the European Union and present how the concept of the right to be forgotten has evolved throughout history. After analysing the CJEU landmark ruling, this thesis will examine its implications on the search engines. A case study on France will then demonstrate that the implementation of the right to be forgotten was highly expected in some of the European States. Lastly, this thesis will assess the responsibility placed by the CJEU on the search engine's shoulders. They have a quasi-judicial role regarding the processing of delisting requests. The thesis will show that these multinational corporations have economic interests that do not encourage them to respect the right to be forgotten. The thesis will also deal with the controversial issue on the extra-territorial application of the right to be forgotten in the United-States. The thesis will conclude that the European and American perspectives are not incompatible. However, the implementation of a European-style right to be forgotten in the US would be very difficult because of the strong hurdles. The shape of the right to be forgotten should change in order to establish a common right to be forgotten. It might be necessary to conclude an international treaty to harmonise State practice on the right to be forgotten.
EXAMINING THE CONCEPT OF RIGHT TO LIFE IN POST-COLONIAL AFRICA; NIGERIA AS A CASE STUDY
(Griffith College, 2016) Aanuoluw Apo Enoch, Ojotisa
This academic research is written on the basis of addressing the failing lawfulness, concerning certain actions or indexes which end up as dangers to life of humans in Africa, especially in Nigeria, which is the case study of this research. It has so far been intense in the post-colonial era of Nigeria, that there is an imperative necessity for the intercontinental public to step up aid to the Nigerian people, so as to thwart the breach of right to life. This academic research is not baying for a recolonization of Nigeria. Rather, international establishments such as the African Union, the United Nations, ought to step up their enforceability laws, treaties or international instruments, in other to secure the esteem, creation, and applicability of some laws on the right to life. How can Nigeria, which happens to be one of the top oil-selling countries in the world fail to provide shelter, food, clean and accessible water for its own people? Events such as mentioned above are what in reality constitute a desecration of the right to life. So therefore, this academic research will expose its readers to some events in which there have been judicial and legislative proceedings, pronouncements and decisions on how the right to life would cease to be violated. This academic work does not claim to touch all areas under the scope of right to life.
The Genocidal Rape of Bosnian Muslim Women during the War in Bosnia and Herzegovina
(Griffith College, 2016) Sabanadzovic, Aida
In this dissertation, it was shown that rape was used in the Bosnian war as a genocidal tool by Serb forces against Bosnian Muslim women. A historical narrative was chosen in order to show exactly what led to the war, going back to the Second World War and Yugoslavia's peak. Nationalism, particularly Serb nationalism, was paid attention to as it resurfaced once Yugoslavia started to decline and it became stronger during the war leading to it playing a part in the usage of rape against Bosnian Muslim women. Socio-legal methodology was also used, and there was a focus on the work of the ICTY, particularly its cases involving sexual violence. This study was able to come to a conclusion that the rapes conducted by Serb forces against Bosnian Muslim women could be characterized as genocidal rapes. However, there were no prosecutions for that specific crime and this dissertation highlighted that despite the fact that no court has specifically stated that rape was used as a tool of genocide there were still compelling arguments for framing the rapes committed as a genocidal weapon of war. This dissertation was written in order to provide a new outlook to the crimes committed during the Bosnian war, and to reinforce the statement that the genocide recognized at Srebrenica is not the only genocide that occurred during the war. The aim of this dissertation was to show that the rapes conducted during the war went beyond sexual relief for the perpetrators, and instead were part of a larger campaign that could have been classified as genocide. This dissertation was written in order to highlight the complexity of the Bosnian war, which was illustrated by the historical narrative taken, and how women's rights were violated during the war. The dissertation showed that simply by looking at the definition of genocide commonly accepted by international law, the rapes committed against Bosnian Muslim women could be classified as genocide and should have been prosecuted as such.
'Are undocumented migrants condemned to remain invisible as persons before the law?'
(Griffith College, 2016) Singson, Jocelyn
In this dissertation, it was shown that the modem undocumented migrant is to be found ever deeper in invisible activities, and increasingly in the form of the undocumented migrant female domestic worker meeting the demands of the demographics of modem society. The undocumented migrant is subject to layers of illegality which make it very difficult to align with the legal system at any level to secure meaningful redress, with some notable exceptions, in particular in the areas of access to health and education. Thereappears to be a slowly evolving jurisprudence in favour of applying fundamental legal rights to undocumented migrants, however, there is ongoing uncertainty in Irish jurisprudence. Bold initiatives are required to bring real improvement to the recognition of the undocumented migrant as a person before the law. The research undertaken showed apparent difficulties in how principles of fundamental rights of the migrant are translated from the level of international law to domestic legislation and court rulings, in part due to the different treatment of citizenship in different parts of the world, and also through the complex interplay between the rights of migrants and the sovereignty of countries. Through the application of socio-legal, comparative-interpretative, and reform oriented methodological approach, the undocumented migrant was analysed as the subject matter of recognition and of legislation. The language used in regard to undocumented migrant can have a profound effect on public, media and policy makers' discourse. This dissertation regards the term 'undocumented migrant' to be most balanced, fair and least prejudicial. The results of the research conducted reaffirmed that the situation of the undocumented migrant is tremendously complex and nuanced. The author found no easy solutions which would achieve a workable balance in the recognition of the undocumented migrant before the law. The author recommends the development of the principle of 'full protection' using amendment of the rules of the locus standi in Ireland and, exploring the prospects in the norms of jus cogens.
Child Marriage in South Asia: A Case Study on India, Pakistan, and Bangladesh
(Griffith College, 2020) Shuja, Rabia
Child marriage is a global phenomenon that severely impacts both the developing and developed world. With emphasis on South Asia, this dissertation aims to address why child marriage remains a prevalent issue, despite being prohibited by international and domestic law. The research was conducted through an analysis of the socio-legal landscape of India, Pakistan, and Bangladesh. It explored the countries' shared colonial history, as well as its influence on current child marriage laws. The domestic legal framework of each country was also critically analysed to ascertain whether their laws were in line with international standards, as well as to identify legal loopholes, and potential problems with implementation. Thus, this dissertation proposed that numerous factors contribute to the high rates of child marriage in South Asia. These factors include inadequate national legislation, dual systems of law, limited access to justice, poverty, gender inequality, restricted access to education, as well as religious and cultural norms. The effects of these factors are twofold - on one hand the laws that 'prohibit' child marriage in fact enable it to occur with impunity. Moreover, it creates a social landscape that promotes the practice of child marriage and prevents victims from obtaining justice due to poverty driven desperation and harmful social norms. The author proposed that child marriage may only be eradicated if the overall rights of children are protected. Therefore, a strong implementation of child marriage laws coupled with sufficient protection mechanisms, as well as an emphasis on gender equality and education may eventually eliminate the practice.
Comparison of International Conventions with Turkish Law Related to the Carrier's Liability for Loss, Damage and Delay under the Contract of Carriage by Sea
(Griffith College, 2020) Elif Germen, Zeynep
In this dissertation, the evolution of the law applicable to the carriage of goods by sea is analysed and also the main differences and similarities of international conventions on the carriage of the goods by sea and Turkish Law related to the carrier's liability for loss of or damage to the goods and delay in delivery under the contract of carriage by sea were examined. Provisions regulating the carrier's liability under Turkish Commercial Code and The Hague Rules, The Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules were compared. It was shown that the balance between cargo interest and ship interest is the main subject of the maritime law and due to the technological developments and current needs of the parties of the carriage contract of goods by sea, the carrier's liability regimes have been changed by international conventions. After the definition of the carrier and the scope of international conventions and Turkish Law are explained, provisions under international conventions related to the duties of the carrier, carrier's liability for loss, damage and delay, carrier's period of liability, exemption from liability, limitation of liability, carrier's liability for the act of other parties, burden of proof, notice requirement and time for suit were compared with Turkish Law in order to determine whether Turkish Law is in conformity with these international conventions. This research was conducted by doctrinal and comparative methodology as well as historical legal research to understand the evolution of international maritime law. As a result of this research, it was deduced that Turkish Commercial Code was drafted by considering related provisions of The Hague Rules because of that Turkey is a contracting state, as well as the Hague-Visby Rules and the Hamburg Rules. It was shown that the reason why Turkish Law adopts some provisions of the Hamburg Rules is that the Hague Rules do not cover the carrier's liability for delay in delivery. However, it is found that Turkish Law does not refer to the Rotterdam Rules.
'Fortress Europe' and the vilification of refugees
(Griffith College, 2020) Cataldi Milward de Andrade, Ana Claudia
The migratory flow of migrants in search for a better life has intensified in the recent years and has become a topic of debate around the world, therefore, such study is paramount. Migration is not a new phenomenon and the sea is the most used route in the search for a better life or for the protection from persecution or other threats to life. With a special focus on the European Union, due to the increasing number of shipwrecks, disappearances, and deaths, this study will examine the maritime operations in the Mediterranean Sea as well as demonstrate several human rights violations towards refugees. The protection of refugees is subjected to different migration policies with respect to domestic law, concerning international protection, there are several treaties dealing with the topic. Nevertheless, the lack of a united European framework in relation to the theme, make the political solutions more difficult to solve. Thus, this study aims to verify whether the concept of securitisation coincides with the treatment received by refugees in Europe, conducting a study of refugee rights and making critical analysis of European border control.
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.
The Blockchain and its conflicts with The General Data Protection Regulation
(Griffith College, 2022) Felisoni Coelho de Mendonça, Helena Catarina
In this dissertation, it was shown the main existing conflicts between the blockchain and the GDPR, concluding that there are possible solutions to such paradoxes as long as technical and governance factors are observed specifically considering each blockchain tool and there is the deepening of interdisciplinary researches. Through this work, it was not possible to prove the full possibility of adequacy of all blockchain systems before such data protection regulation. The study was conducted through Doctrinal, Comparative and Socio-Legal Research methodologies, firstly by understanding the technology and it's developments in relevant sectors of society. Secondly, there was the understanding of GDPR provisions in order to understand the incidence hypotheses of such law in the DLT and the points of conflict. Finally, possible recommendations were demonstrated to enable the desired legal adequacy.
Mandatory Mediation: One Giant Leap for Commercial Disputes in Ireland
(Griffith College, 2022) Sherry, Katie
In this dissertation, this author analysed the effectiveness of mandatory mediation as a system to combat rising pressure on the commercial court system, increasing costs and time for the parties involved in the dispute, and failing trust in the judicial system. This analysis was conducted by reviewing international jurisdictions that have successfully implemented a mandatory mediation system as well as the current commercial dispute resolution system in Ireland. It sought to develop a proposal for a system that could be applied to Ireland. This author proposed that the introduction of a system into Ireland would not be contrary to any existing legislation and could adapt the current framework to meet the needs of mandatory mediation.
Children’s Rights and Gender Transitioning – A Comparative Analysis of Germany and the UK
(Griffith College, 2022) Alisa Behle, Selina
This dissertation examined children’s rights and gender transitioning. It analysed the legal situation in Germany and the UK regarding children’s medical and legal gender transitioning. This analysis was conducted through the prism of the child’s rights, with particular reference to the core principle of the child’s best interests. It addressed whether children should be given the power to determine gender-related decisions. Should they have unlimited self-determination to make such decisions, or should there be limits in some instances? The advantages and disadvantages of different approaches were discussed. The research contributes to developing children’s rights regarding gender identity. Significantly recent developments have heightened the need for assessing under what circumstances and at what age children should be allowed to transition. The aim was to find a way to regulate this legally and uniformly in Europe and internationally. The research was based on international treaties, national legislation and case law. Comparative, socio-legal and historical research was also conducted. Regarding medical gender transitions, the child’s capacity to consent to such treatments must be addressed. It should be uniformly guaranteed that age is not a determining factor. Instead, the maturity of each child needs to be assessed. A balance must be established between the parent's need for care and the child's right to self-determination. Regarding legal gender transitions, Malta and Argentina were suggested as good practice countries for fulfilling human rights standards for legal gender recognition. The freedom to self-determination and the independence of gender recognition from medical diagnosis must be ensured by legislation and uniformly possible for minors
Pre-emptive Strike: an examination of International Law on the use of force
(Griffith College, 2022) Woods-Panzaru, Simon D.
In this dissertation it was shown that until the emergence of the Bush Doctrine, Customary International Law and the Charter made up the framework for determining when the use of force was legal. The inherent right of a valid self-defence was embedded in customary international law in particular the Caroline case. Since 1945 and with the happenings of 9/11, warfare has taken on new directions which impact world peace and global security today. The Bush Doctrine responded to these changes taking on pre-emptive strike to include preventive and anticipatory use of force as an option against non-conventional warfare such as terrorism, WMD and cyberattacks in the absence of an imminent attack. The academic questions debated on preventive or anticipatory self-defence centred on whether the current law governing self-defence was able to deal with evolving modern warfare. This analysis examined under what circumstances and authority could a state use preventive and anticipatory self-defences notwithstanding the controversies surrounding them. The aim and objective of the research was to understand the law under the Charter, Customary International Law and if the Bush Doctrine held any legitimacy for the extension of pre-emptive use of force. The results of the research showed that the UN Charter and Customary International law remain the foundations to determine when the use of force as a self-defence was legal. It also confirmed that the law cannot remain static to the changes happening in modern warfare. The research illustrated that extending pre-emptive strike to include preventive and anticipatory strikes caused uncertainty in the law. The conclusions in this study suggested it was essential to update Charter and Customary International Law with definitions of armed and imminent attacks by incorporating non-conventional warfare activities into the definitions, to re-examine the veto power of permanent members of the Security Council especially when a permanent member is involved in use of force against another state and that evidentiary standards need to incorporate non-conventional warfare so that the state having burden of proof was aware of the intelligence needed.
The Right to Inclusive Education for Children with Disabilities and Special Educational Needs in Ireland: A Critical Analysis under International Human Rights Law
(Griffith, 2022) English, Lauren M. LL.B., B.A.
This research has highlighted that while there have been several encouraging developments for children with disabilities and Special Educational Needs (SEN), including Ireland’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) in 2018 and the enactment of the Education (Admission to Schools) Act 2018, current gaps in practice remain which hinder the realisation of the right to inclusive education for such children. Adopting doctrinal, sociolegal and historical methodologies, which was further supplemented by drawing on empirical research in the field of disability studies, this research examined the right to education under the wider international and regional human rights framework and explored the various sources from which the child’s right to education derives. This set the foundations from which the right to education for more generally for children with disabilities and SEN may be located. This was followed by tracing the emergence and key developments on the international level leading up to the adoption of the CRPD. After which, the CRPD, and specifically the right to inclusive education under Article 24 were examined. This research then considered the historical development of the educational rights of the child in Ireland. This began by locating the right to education in the Constitution of Ireland 1937 and reflects on germane case law which refined the scope of this right, particularly for children with disabilities and SEN. This was followed by charting the radical shift in legislative and policy developments in this area, beginning with the enactment of the Education Act 1998. Finally, this research analysed the translation of inclusive education in practice for children with disabilities and SEN with a view to examining the factors which facilitate, and the barriers which inhibit, inclusive educational practices for children with disabilities and SEN in Ireland, meeting the obligations conferred on States Parties by the CRPD and Article 24 thereunder.
Critical Analysis of the Most-Favoured-Nation Principle: Myth or Path to Trade Liberalisation
(Griffith College, 2022) Olajuwon Shitt, Lawal
In this dissertation, the principle of the Most Favoured Nation treatment and some of the key issues that arise in its negotiation was examined extensively by the author. This principle of universal equal treatment underpins the World trade Organization. It is a non discriminatory trade policy that obligates members of the world trade organization to extend the same treatment to all members. The controversy that exists at the heart of this study was whether the Most Favoured Nation principle has been successful in achieving the lofty goals of equality and non-discrimination. It examined the growing irrelevance of the Most Favoured Nation principle in international trade due to an increase in the formation of free trade areas. The analysis then progressed to cut across the multiple facets of international trade. It evaluates the effects of the Most Favoured Nation Principle in the liberalisation of trade in goods, services and intellectual property rights. The author then recommends that the key functions of the Most Favoured Nation Principle should be reinforced through the establishment of a more efficient enforcement mechanism.
The Challenges of Building an Inclusive Education for Visually Impaired Children in The National Educational System. A Comparative Analysis Between Brazil and Ireland
(Griffith College, 2022) Silva Bernardo, Tatiana
The main objective of this dissertation is to investigate the effectiveness of the legal provisions available in international law, in the fight against discrimination against children with visual impairments, applied in domestic law, making a comparative and social legal analysis between Brazil and Ireland. The research will adopt the legal-dogmatic methodological aspect, since it addresses internal elements to the doctrinal and social legal system of the current legislation on inclusive education in Brazil and Ireland. The study is important, because the visually impaired have the same rights as other children, being able to attend regular school normally, with just a few adaptations, and the government has a duty to ensure a high standard of education for students with special needs, in the face of innumerable laws, conventions, existing acts, which determine the rights of this public, without discrimination. It was concluded that, for inclusive education to effective, it is essential for the government to invest in a special education teacher training plan, so that it changes its way of thinking, reflecting on their pedagogical practice, with the inclusion of Braille in the course curriculum, as a mandatory subject. For this to be really effective, an expansion, improvement or relevant modification in the legislation is essential, so that it is immediately applied. And this can only be possible through regular inspections, in order to guarantee the right to quality education for Visually impaired students.
Article 12(3) of the Rome Statute: A Solution to Impunity in Kashmir
(Griffith College, 2022) Umer Khayyam, Maryam
The Kashmir Conflict is fundamentally a legal conflict over territorial sovereignty and the Kashmiri people's right to self-determination, both of which are upheld by UNSC Resolutions. Though the right to self-determination has been promised by both India and Pakistan, Kashmiris are fighting for it for decades. This makes it the oldest unresolved disagreement on the UN agenda since 1947. The seven-decade dispute over Jammu and Kashmir has become a humanitarian nightmare, the cause of four major wars between nuclear rivals Pakistan and India which further led to gross human rights violations, and a grave humanitarian crisis in the region. The study highlights the genesis, current political status, and international character of the conflict along with detailed counts of human rights violations amounting to CAH in Indian-administered Kashmir. The Study highlights the urgency of an international investigation into these international crimes where Indian security and armed forces are given absolute impunity by the central government. Against this backdrop, the study sought to provide a novel contribution to the literature on criminal justice in Kashmir and also for States, not a party to the Rome Statute. The study discussed in detail the scope, purpose, and benefit of 12(3) of the Rome Statute. Based on the fact that both parties to the conflict (India and Pakistan) are not party to Rome Statute. The study developed a prospective legal framework through which the jurisdiction of the International Criminal Court could be extended to the Kashmir conflict for an independent investigation into the ongoing acts of CAH under Article 12(3) of the Rome Statute and by application of the Bangladesh/ Myanmar model of territorial jurisdiction for cross-border crimes in Indian-administered Kashmir. The study urged an immediate need for an international independent investigation into past and ongoing abuses of human rights in order to bring justice to all Kashmiris who have been suffering as a result of decades of violence. It is recommended that any agreement to resolve the political situation in Kashmir must come with a promise to stop the cycle of violence and to hold those accountable those responsible for breaches of human rights in the region.
Conflict of Laws in the Application of the General Data Protection Regulation
(Griffith College, 2022) Hugon, Estelle
This study has shown that despite the objective of the General Data Protection Regulation to harmonized rules within the European Union, its application in practice creates conflict of laws. Its originalities to grant margin of maneuver to Member States, has raised problematics highlighted in the hypothetical case studied in this dissertation. The dissertation focused on a specific article of the GDPR: article 8 which provide protection for children online and leave a margin of maneuver to Member State. This dissertation has aimed to find possible solutions to resolve conflict of laws on the application of article 8, following an adversarial method. The study has analyzed the possibilities of using European International Private Law throughout Regulation “Rome I” and “Rome II” and explored the clue left by the GDPR itself to solve conflicts of laws. This study has shown that European International Private law raised additional concerned and cannot be a full solution neither the GDPR in itself despite logical clue.

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