LLM in International Law
Permanent URI for this collectionhttps://dspace.griffith.ie/handle/123456789/459
Browse
Recent Submissions
Item The content and implications of the Right to be Forgotten: Confrontation between the European Union and the United-States.(Griffith College, 2016) Singer, LucileIn 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.Item 'Are undocumented migrants condemned to remain invisible as persons before the law?'(Griffith College, 2016) Singson, JocelynIn 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.Item The commercial nature of higher education institutions in The European Union(Griffith College, 2016) Theophane Cornet, JeanIn 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.Item 'Fortress Europe' and the vilification of refugees(Griffith College, 2020) Cataldi Milward de Andrade, Ana ClaudiaThe 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.Item 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.Item An Intelligent Regulation of Artificial Intelligence – A Brief Analysis of Accountability, Liability and Related Aspects(Griffith College, 2022) Nehzan Ekkeri, MohammedThis 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.Item The Blockchain and its conflicts with The General Data Protection Regulation(Griffith College, 2022) Felisoni Coelho de Mendonça, Helena CatarinaIn 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.Item Conflict of Laws in the Application of the General Data Protection Regulation(Griffith College, 2022) Hugon, EstelleThis 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.Item 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.Item Pre-emptive Strike: an examination of International Law on the use of force(Griffith, 2022) D. Woods-Panzaru, SimonIn 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.