http://bura.brunel.ac.uk/handle/2438/211 2013-05-22T00:29:08Z 2013-05-22T00:29:08Z Wang, F http://bura.brunel.ac.uk/handle/2438/7431 2013-05-08T13:07:40Z 2012-01-01T00:00:00Z

Title: Response to public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries Authors: Wang, F Description: Copyright @ 2012 IAPPI

2012-01-01T00:00:00Z Ogbonna, Joseph Ifeanyichukwu http://bura.brunel.ac.uk/handle/2438/7253 2013-02-27T11:06:53Z 2012-01-01T00:00:00Z

Title: A legal analysis of the application of articles I and III of the GATT 1994 on the economic development of ECOWAS member states Authors: Ogbonna, Joseph Ifeanyichukwu Abstract: This dissertation examines the tension inherent in the relationship between the Economic Community of West African States (ECOWAS) as Member States Parties of the GATT/WTO and the GATT/WTO regime. It focuses specifically on the tension triggered off by the requirements of Article I – the Most-Favoured-Nation principle (MFN) and Article III – the National Treatment principle (NT) GATT 1994. It shows that while the non-discrimination principles are meant to promote trade liberalisation and economic growth, they produce the opposite effect in developing and least developed countries like ECOWAS and aggravate the tension between those countries and the WTO. It argues that the MFN is used to deny market access to the developing countries by exposing them to stiff but unequal competitive conditions and the NT to deny national governments the policy space to protect and promote national industries, employment and economic growth. It challenges the general assumption that the MFN and the NT are good and in the interest of all the WTO Members and rather identifies them as lynch-pins of economic development in the ECOWAS region. It also shows, contrary to the assumption of non-participation, how the ECOWAS High Contracting Parties are adapting their trading systems and harmonising their laws to the key provisions of Articles I and III of the GATT. It shows that the principles of non-discrimination are the outcome of the standard-setting procedures legally formulated as the SPS and TBT Agreements which favour the developed countries and how the Dispute Settlement Body has rejected the ‘aims-and-effect’ approach, taken a literal approach, overly emphasising trade liberalisation to the neglect of market access and economic development. This dissertation concludes that it is pre-mature for ECOWAS to assume Articles I and III obligations and recommends using the provisions of Article XXIV to build up effective influence through regional organisations and incrementally uniting to transform the GATT. Description: This thesis was submitted for the degree of Doctor of Philosophy and awarded by Brunel University.

2012-01-01T00:00:00Z Wang, F http://bura.brunel.ac.uk/handle/2438/7250 2013-02-27T10:32:10Z 2011-01-01T00:00:00Z

Title: Personal data breach notification system in the European Union: Interpretation of “without undue delay” Authors: Wang, F Abstract: The fast-moving technologies continually challenge present rules on data-privacy protection. The expansion of computing functions, speed of processing and storage capabilities makes personal information difficult to be controlled. In the EU, the revised EC e-Privacy Directive amended by the Directive 2009/136/EC modifies existing provisions and makes new provisions to enhance privacy protection in the electronic communications sector, which includes the further development of the system of notification of the personal data breach to minimise adverse effects. This paper aims to examine and evaluate the personal data breach notification system, interpret the requirement of "without undue delay" duty and discuss the impact of the revised Directive to business organisations. It finally proposes solutions to improve the notification system to increase the efficiency of privacy protection. Description: This is the post-print version of the Article - Copyright @ 2011 Kluwer Law International

2011-01-01T00:00:00Z Enabulele, Amos Osaigbovo http://bura.brunel.ac.uk/handle/2438/7193 2013-02-01T12:07:25Z 2012-01-01T00:00:00Z

Title: The relevance of judicial decisions in international adjudications: Reflections on Articles 38(1)(d) and 59 of the statute and the practice of the International Court of Justice Authors: Enabulele, Amos Osaigbovo Abstract: In classical international law, States alone were the makers and subjects of the law. Times have changed. Contemporary international law admits, not only States as its subjects but also individuals and international organisations; it controls not just the needs of States but also the needs of individuals as it continues to venture into areas which, in the classical era, were exclusively reserved to domestic law. The fact that international law now applies to entities other than States is no longer a subject of controversy both in theory and practice. On the contrary, the question relating to whether international law could originate from a source other than through the consent of States in the positivist sense of the law has remained a question of controversy. The question has been made more complex by the multiplicity of international institutions created by States and vested with authority to perform the functions entrusted to them under international law. The functions they perform influence the behaviours and expectations of both States and individuals; but the powers they exercise belong to the States which delegated the powers. Since the powers are delegated by States, it should follow that the powers be confined by the very fact of delegation to the functions for which the powers had been granted. Such powers cannot be used for any other purpose, perhaps. With this in mind, the question sought to be answered in this work is whether the powers granted to International Court of Justice to “decide disputes” – article 38(1) of the Statute of the Court) – implicates the power of judicial lawmaking. In other words, whether rules and principles arising from the decisions of the Court can be properly referred to as rules and principles of international law. The question becomes quite intriguing when placed within the context of article 38(1)(d) and article 59 of the Statute of the Court on the one hand, and the practice of the Court and of the States appearing before it on the other hand. Articles 38(1)(d) provides: “subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.” By article 59: “The decision of the Court has no binding force except between the parties and in respect of that particular case”. Notwithstanding the language of the above provisions, it is shown in this work that like judges in municipal law, judges in the ICJ lay down rules and principles having legal implications for the decisions in subsequent cases as well as for the conduct of States, in general, regarding areas within the degrees of the settled case-law of the Court. It is accordingly argued that to the extent that rules and principles in the decisions of the Court are relevant as rules and principles of international law (in subsequent decisions of the Court) to the determination of international law rights and obligations of States, judicial decisions in article 38(1)(d) are a source of international law. This is notwithstanding the unhelpful language of paragraph (d) and the influence of article 59. Concerning article 59, the writer argues that the article has no bearing on the authority of judicial decisions in article 38(1)(d); its real function being to protect the legal rights and interests of States from a decision given in a case to which they were not parties. Description: This thesis was submitted for the degree of Doctor of Philosophy and awarded by Brunel University.

2012-01-01T00:00:00Z