Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 20 of 38 for “"Doctrinal analysis"”.
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The Significance of a corpse in the law of offences against the dead: a theoretical and doctrinal analysis of England & Wales and Canada
… approach. In addition, this thesis also combines doctrinal and theoretical research to illustrate the current offences in both jurisdictions, as well as to identify possible explanations for their existence. There are three research questions addressed within this thesis: To what extent do …
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The doctrine of parol agreement trusts and fraud in equity: an historical-doctrinal analysis of equity's jurisdiction under the head of fraud to impose trusts arising out of parol agreements
… through the most comprehensive historical-doctrinal analysis to date, the nature and extent of equity’s jurisdiction to impose trusts arising out of parol agreements. The central argument of this thesis is that all such trusts are enforced pursuant to a single doctrine of equity which …
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Women and superannuation: the impact of the family law superannuation regime.
This doctrinal analysis considers the impact of the 2002 superannuation reforms upon the treatment of superannuation in family law property settlement proceedings. Pre-reform the courts had limited ability to evaluate and split superannuation in property settlement proceedings. The parameters of …
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Towards the formalisation of artisanal and small-scale mining in South Africa
… This research seeks to bridge that gap through a doctrinal analysis of relevant legislation, case law, and policy instruments. The research identifies key shortcomings in the regulatory framework and proposes policy reforms aimed at strengthening OHS protections for artisanal and small-scale …
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Drug Trafficking at Sea: A Practice- Based Analysis of International Law and the US Approach to High Seas Interdictions
… over DTVs on the high seas. Through a doctrinal analysis of these agreements, the research identifies gaps in the law; for example: both the 1988 Vienna Convention and the LOSC are silent on the question of the exercise of criminal jurisdiction over vessels on the high seas. Similarly, …
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DOVERI INDEROGABILI DI SOLIDARIETÀ NELLO STATO COSTITUZIONALE DELL'EMERGENZA
… duties have long remained at the margins of doctrinal analysis, despite their normative significance within the constitutional framework. Through a systematic reading of the Italian Constitution, the research reconstructs the legal foundations of duties and examines their interaction with …
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The International Rule of Law and Seaborne Refugees
… that exist within each of these regimes. This doctrinal analysis of the legal regimes is then supplemented by an analysis of the United States' practice in the Caribbean, Australia's practice off its northern border, and the European Union's response to maritime movement in the Mediterranean …
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The International Rule of Law and Seaborne Refugees
… that exist within each of these regimes. This doctrinal analysis of the legal regimes is then supplemented by an analysis of the United States' practice in the Caribbean, Australia's practice off its northern border, and the European Union's response to maritime movement in the Mediterranean …
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The Laws of Humanitarian Assistance
… Taking a mixed-method approach that relies on doctrinal analysis and semi-structured interviews with humanitarians, this dissertation explores the laws shaping the work of humanitarian actors. It moves beyond international law to present a comprehensive view which additionally considers …
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Is the Gender Reassignment protected characteristic under the Equality Act 2010 inclusive of the non-binary community?
… non-binary community through both empirical and doctrinal analysis. Through the lens of legal consciousness, this thesis contrasts the history of and current interpretations of the Equality Act 2010 for its applicability to the non-binary community against the perspectives and lived experiences …
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Tévhitek az autonómiáról: Székelyföld autonómiájának alkotmányossága = Misbeliefs about Autonomy: The Constitutionality of the Autonomy of Szeklerland
… I analysed this hypothesis through legal doctrinal analysis, and comparative legal analysis based on the relevant legal material: The Constitution and laws of Romania; The two Opinions of the Legislative Council of the Parliament of Romania on the rejection of the Draft Law on the …
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Privatisation and public access to information in the united Kingdom
… a combination of theoretical and empirical analysis, it addresses two main questions: (1) How does privatisation, broadly defined to include outsourcing, affect information access under freedom of information legislation (FOI) and the Environmental Information Regulations 2004 (EIR)? (2) If …
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The effectiveness of the statutory nuisance procedure
… of the Human Rights Act. As well as a detailed doctrinal analysis of the relevant legislation and case-law, the research includes online surveys with practitioners in the UK, and detailed interviews with practitioners across the UK and Ireland, which still uses a much earlier version of the same …
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Apocalyptic Theopolitics: Dispensationalism, Israel/Palestine, and Ecclesial Enactments of Eschatology
This thesis is a critical analysis of the theology and ethics of dispensationalist Christian Zionism in America. Chapter One introduces the thesis and its method, which draws constructively from history, sociology, and anthropology while remaining substantively theological. Chapter Two describes …
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As One United People: An Inclusive Communitarian Approach to Constitutional Rights in Singapore
… 54 years of independence. I hypothesise, with a doctrinal analysis, that this is caused by Singapore’s communitarian approach to rights. It prioritises the collective interest over individual rights, resulting in the disjunction between the rights’ elevated status and their practical …
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Sacred Justices: Seeking Indigenous Environmental Justice in Courts
… voices are received within adjudication through doctrinal analysis of Indigenous environmental litigation in the three jurisdictions. Further, it examines what implications such reception has for the outcome of the litigation and the framing of IEJ. The materials studied here testify to the …
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State Responsibility for the Unlawful Conduct of Armed Groups
… ‘governmental’ acts of armed opposition groups. Doctrinal analysis shows that article 9 will only cover the conduct of an armed group that acts in the interests of, or with the acquiescence of, the state’s authorities. A critical approach is taken to the ILC’s codification of articles 10(1) and …
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The Concept of 'Employment' In Employment Tax Law
… of which new material is unearthed, coupled with doctrinal analysis of the evolution of those roots, so as to enable a different understanding of the current problems. Emerging from this approach, the research presents an alternative conceptual perspective about ‘employment’, which rejects the …
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Implied Obligations of Good Faith in English Contract Law
… This thesis approaches this live topic from a doctrinal perspective, which focuses on those judgments in order to understand how good faith is being used and understood in judicial decisions as an obligation. The argument of this thesis does not depend on high-level abstractions of a ‘theory’, …
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