Faculty of Law Disserations

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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.
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.
'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.
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.
Assessing Legal Responsibilities and Accountability Mechanisms of Big Data Companies Through the European Convention on Human Rights (ECHR)
(Griffith College, 2024) Achonu-Douglasson, Mark Anthony
The increasing expansion of big data companies and technologies have raised concerns about the protection of the right to privacy, data protection and the principle of non-discrimination. ‘Datafication’ through collecting, storing and processing of massive amount of personal data raise questions of legal obligations and accountability. This study examines the role of the European Convention on Human Rights (ECHR) in addressing these concerns through ethical practices that protects individual rights in this digital era. This study made a comprehensive analysis of the ECHR’s provisions that is key to the operations of big data companies. It focused on Article 8 (the right to respect for private and family life) or the right to privacy, Article 10 (freedom of expression) and Article 13 (right to remedy) in relation to emerging issues of the datafication of the society. This thesis evaluated the impact of these rights on big data activities using doctrinal and socio-legal methodology in scrutinizing the ECHR and case law from ECtHR principles applicable to the digital age. This study identified the gaps and challenges in regulating the big data operation through the ECHR, while proposing a balanced approach between data analytical process and human rights. This study investigated the ECHR regulatory frameworks including the GDPR on enforcement efficacy and standards. It assessed the role of European and national data protection authorities and cross-border collaborations for accountability mechanisms. This study argued that the ECHR remains a relevant framework in the regulation of data protection but requires adaptation to effectively address the challenges posed by the pace of emerging technological innovations by integrating the principles of transparency, accountability and fairness. The ECHR can enhance legal responsibility and accountability mechanisms through ethically driven practices by big data companies as a catalyst for safeguarding the right to privacy and data protection. The findings contribute to the current discourse on privacy rights, data protection and offering insights for policy makers, regulators and big data companies. Keywords: Big Data, ECHR, ECtHR, Legal Responsibilities, Accountability Mechanisms, Data Protection, GDPR, Human Rights, Digital Rights, Regulatory Frameworks
Blockchain: A European Perspective on the compatibility in regards with General Data Protection Regulation
(Griffith College, 2022) Raghuram Iyer, Radhika
The purpose of this dissertation is to investigate the compatibility between Blockchain technology with the General Data Protection regulation (GDPR). The GDPR was adopted in May 2018 across all the European Union member nations with the intention of harmonising the data protection regulations throughout Europe. The GDPR established numerous basic rights and privileges for individuals in terms of protecting their personal data. That alone implies that the relevant stakeholders who process personal data undertake specific duties. The legislation, although is predicated on the assumption that data is maintained and processed in a centralised architecture. This creates a problem for distributed networks, the core technology of blockchain. The blockchain technology is utilised to safeguard and maintain the integrity of the personal data in a potentially dangerous technological world. Typically, the peer-to-peer (P2P) networks, also known as shared networks, have confronted the challenge of assuring data integrity. This dissertation explores whether the GDPR is relevant to a decentralised architecture and if the essential rights and principles of the regulation can be preserved, which is to say whether the involved authorities can perform their regulatory tasks.
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.
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
Comparative Analysis Between Ireland and the US: Corporation Tax and The Digitalisation of the Economy
(Griffith College, 2022) Borges Cho, Yeda
This dissertation demonstrated a comparative analysis between the corporation tax from Ireland and the United States. The comparison has as a background the digitalisation of the economy indicating a need for changes in the international corporation taxation of multinational groups that no longer need a physical presence to have customers and generate income. This study focused on corporation tax, the BEPS project, the two-pillar solution from OECD/G20, and the global minimum corporation tax rate. The author discussed the view of the OECD concerning tax havens and explained the tax inversion tax planning scheme of American companies in Ireland. This dissertation also indicates how the Double Irish tax avoidance schemes with a Dutch Sandwich and Green Jersey work. The conclusion drawn was that Ireland is not a tax haven, has a better corporation tax system than the United States, and that both countries should embrace de Pillar 1 and 2 solutions proposed by the OECD to tackle the challenges of the digitalisation of the economy.
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.
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.
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.
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.
EU Regulatory Frameworks for ESG Integration: Assessing Legal Mechanisms and Their Influence on Corporate Governance
(Griffith College, 2024) García Diéguez, Paula
This research tries to do a deep comprehension of legal structures and their impact on corporate governance, with a specific focus on the European Union's incorporation of ESG standards into corporate activities. With the growing importance of ESG concerns, the EU has implemented various directives and recommendations to encourage sustainability and ethical behavior within businesses. This study offers a thorough assessment of these EU regulations, examining how they affect corporate governance frameworks and internal procedures. The study explores various EU rules related to ESG matters, such as the NFRD, the CSRD, SFDR and the EU Taxonomy Regulation assesses their effects on corporate governance frameworks. It investigates the challenges companies face in implementing these regulations and examines the effectiveness of the EU's regulatory strategies in fostering sustainable practices. The importance of EU regulations in molding corporate strategies and promoting sustainability is underscored by the research. By examining how these legal structures impact corporate conduct, the study brings attention to the influence of regulation in encouraging ethical and sustainable business approaches. The results highlight the crucial function of EU rules in harmonizing corporate activities with broader sustainability objectives and improving the overall influence of corporate governance on environmental and social matters. Finally, this dissertation tends to add knowledge of the impact of regulatory frameworks on corporate governance and sustainability in the European Union. It offers valuable perspectives on the challenges of incorporating ESG standards into business activities and presents a critical analysis of the EU's efforts to encourage sustainable and ethical corporate behavior.
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.
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.
'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.
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.
Misinformation in a Digital Age: A Comparative Analysis of how Legislation in the UK, Ireland, Australia, Hungary and the USA is Dealing with False Online Information
(Griffith, 2022) O’Malley, Fiona
In this dissertation it was shown how damaging online misinformation can be and the different jurisdictional legal instruments employed examine misinformation in a digital age – what misinformation is; the different legal and policy instruments used to reduce misinformation in the EU, the UK and America; the difficulties in identifying and tackling misinformation, and potential solutions to tackle misinformation on social media and on the internet. This dissertation examined the strengths and weaknesses of each piece of legislation and the difficulties in tackling misinformation. Issues identified included the violation of human rights in any censorship model, the problems of appointing a censor, including bias, incorrect censoring and abuse of power. The author acknowledges that disinformation and misinformation has hugely negative implications but emphasises the need for academic freedom and dissenting views for the sake of innovation and scientific breakthroughs. The author also identified many examples of dismissing or censoring statements that subsequently turned out to be true. The conclusions drawn from this dissertation were that there were many methods available for the tech giants to reduce online misinformation, but that these methods should be used only when statements are obviously and objectively untrue and harmful, rather than enforcing a draconian regime that ultimately restricts truth.
Nigerian NDPA vs European Union GDPR: Comparing Data Subject Rights and Privacy Protection
(Griffith College, 2024) Anita Nwafor, Chimfulumnanya
In an era marked by rapid digital transformation, the protection of data subject rights and privacy has become a critical issue globally. This thesis undertakes a doctrinal comparative analysis of the data subject rights found in the Nigerian Data Protection Act (NDPA) and the European Union's General Data Protection Regulation (GDPR), together with an examination of its approaches to privacy protection. The study aims to elucidate the adequacy of these legal frameworks in safeguarding personal data and ensuring privacy. The research begins by providing a background on the evolution of data protection laws, highlighting significant cases such as Digital Rights Lawyers Initiative & 2 Others v. National Identity Management Commission & 1 Other which exemplified recent data privacy issues in Nigeria. The thesis examines the specific legal provisions of the data subject rights together with the enforcement provisions found in NDPA and GDPR, which identifies both similarities and divergences influenced by their distinct legal, social, and economic contexts. A critical part of the study involves analysing the enforcement mechanisms of both regulations to determine if the right to privacy is adequately adhered to. The thesis also delves into the cultural, social, and economic factors impacting the implementation of these laws in Nigeria compared to GDPR compliant regions. Key findings from the comparative analysis reveal that while the GDPR provides a more stringent and comprehensive framework for data protection, the NDPA represents a significant step towards enhancing data privacy in Nigeria. The study identifies areas where the NDPA could benefit from adopting elements of the GDPR, particularly in strengthening enforcement mechanisms by adopting a decentralised approach and ensuring broader rights for data subjects are provided for. On the other hand, the GDPR can emulate the broader provision of the NDPA on the right to data portability. The thesis concludes with a summary of key findings from the comparative analysis and recommendations for policymakers to restructure the provision of data subject rights and enforcement mechanism in the NDPA. Further recommendation is made for policy makers to review the right to data portability found in the GDPR. This work also suggests strategies for overcoming implementation challenges, emphasizing the need for awareness and better enforcement structures in data privacy. This research contributes to the broader discourse on data privacy by offering insights into the adequacy of data protection laws within the Nigerian and European Union frameworks, serving as a foundation for future comparative studies in this domain.

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