DSpace Collection:http://theses.ncl.ac.uk/jspui/handle/10443/632024-02-06T20:34:15Z2024-02-06T20:34:15ZIncest between consenting adults: a case for decriminalisation?Beetham, Andrewhttp://theses.ncl.ac.uk/jspui/handle/10443/58372023-09-22T15:44:52Z2022-01-01T00:00:00ZTitle: Incest between consenting adults: a case for decriminalisation?
Authors: Beetham, Andrew
Abstract: Consent plays a key role in most sexual offences. For example, the presence of
consent removes any criminal liability for an offence such as rape or sexual assault.
In contrast, sexual activity between adult family members (see Sexual Offences Act
2003, ss. 64-65) is a criminal offence regardless of whether it takes place with or
without the consent of both parties. This reflects a tension that exists within the criminal
law. Generally, the criminal law is based upon the respect for the autonomy of the
individual in its reflection of the traditional liberal account. The criminal law is also
based upon harm and where an activity is presumed to be harmful (even when
consensual) it is unlawful. In terms of sexual activity between adult family members,
there are concerns that gendered family power dynamics and childhood abusive,
grooming, or coercive behaviours may limit freedom of choice to consent, and that
such relationships are, even if consensual, harmful to the family and institution of the
family. This thesis aims to resolve the tension between autonomy and harm to protect
the former removing the protection of the criminal law from those that are considered
vulnerable. To do so, I argue that the criminal law ought to employ a relational
approach to autonomy.
The criminalisation of consensual sexual activity between adult family members has
been justified on eight grounds. I analyse them to determine whether they enunciate
any form of doctrine or are they just “scattered words”.
A relational approach to autonomy focuses upon the constructiveness or
destructiveness of a relationship between two (or more) people by allowing the
relationship to be seen within its proper context (rather than on time specific
circumstances at the time or shortly before an activity takes place). A relational
approach employs a “deeper examination” (rather than “face value”) into this context
which strengthens my argument that a relational approach can resolve the tension
within the criminal law. I analyse whether a relational approach to autonomy is
reflected in the current law relating to the sex with an adult relative provisions.
Description: Ph. D. Thesis2022-01-01T00:00:00ZOnline dispute resolution as a mechanism to enhance consumer trust in e-commerce : how can Saudi Arabian law be improved?Alshathri, Saud Abdullahhttp://theses.ncl.ac.uk/jspui/handle/10443/57622023-08-17T15:50:54Z2022-01-01T00:00:00ZTitle: Online dispute resolution as a mechanism to enhance consumer trust in e-commerce : how can Saudi Arabian law be improved?
Authors: Alshathri, Saud Abdullah
Abstract: This thesis highlights the importance of online dispute resolution, and the role that consumer
trust plays in e-commerce within the Saudi Arabian context.
Although a new law regulating e-commerce transactions has been recently enacted in Saudi
Arabia, consumers still seem to exhibit some lack of trust in this form of commerce and face
difficulties when disputes arise. Under the new e-commerce law, traditional litigation is
assigned for resolving consumers’ disputes and the law still lacks a convenient online procedure
for resolving disputes linked to e-commerce transactions. Furthermore, the law still lacks
certain features that would facilitate easy access to justice, such as procedural rights and a
unified process for overcoming consumer disputes.
In a bid to develop the legal framework in Saudi Arabia and to overcome the aforementioned
issues in Saudi e-commerce law, the thesis explores relevant theories of consumers’ access to
justice and consumer protection. Moreover, it analyses and compares different practices of
online dispute resolution in different jurisdictions to suggest an ideal procedure for resolving
consumer e-commerce disputes in Saudi Arabia. Drawing on the theoretical foundation and
comparison of practices in some jurisdictions, the thesis suggests reforms to the Saudi legal
system that would give consumers easier access to justice and proposes a unified online dispute
resolution procedure. The significance of this proposal lies in its attempt to offer a way in which
a consumer can gain easier access to justice and avoid complexity, which would, in turn,
enhance consumers’ trust in e-commerce, and ultimately foster the development of e-commerce
in Saudi Arabia.
Description: PhD Thesis2022-01-01T00:00:00ZRights to dducation and employment for persons with disabilities in Nigeria : towards a human rights model of disabilityIbadin, Sonia Iyayihttp://theses.ncl.ac.uk/jspui/handle/10443/56792023-02-09T14:20:41Z2022-01-01T00:00:00ZTitle: Rights to dducation and employment for persons with disabilities in Nigeria : towards a human rights model of disability
Authors: Ibadin, Sonia Iyayi
Abstract: Nigeria is a party to several international and regional instruments including the Convention on
the Rights of Persons with Disabilities, and more recently the 2030 Agenda on Sustainable
Development which guarantees explicitly the education and employment rights of persons with
disabilities. These international instruments impose obligations on states including Nigeria in the
implementation of education and employment for persons with disabilities. Therefore, this thesis
evaluates Nigeria’s progress in achieving the (Sustainable Development Goals) SDGs by
considering whether Nigeria is meeting its international obligations for persons with disabilities in
education and employment.
Applying the 4As (Adaptability, Acceptability, Availability, and Accessibility) and disability
human rights frameworks, this thesis contends that although Nigeria has made some progress
towards achieving the SDG goals 4 and 8, and has adopted some measures to protect and promote
the education and employment rights of persons with disabilities, yet the country is still failing to
meet its obligations to make education and employment acceptable, adaptable, available, and
accessible to persons with disabilities. Moreover, Nigeria continues to promote the moral/medical
approaches to disability rather than the human rights model of disability in its domestic framework
and practices relevant to persons with disabilities in education and employment.
For Nigeria to comply with its international obligations, it needs not only to move towards a human
rights model of disability in its domestic laws, policies, and practices relevant to persons with
disabilities in education and employment but also, shift towards protecting and promoting the
rights of people with disabilities in these areas, by providing more financial resources and making
procedural, institutional, substantive, and cultural changes. A shift towards a human rights model
of disability by Nigeria will significantly improve the situation of persons with disabilities as well
as ensure Nigeria’s progress in achieving inclusive quality education and full productive
employment for persons with disabilities in line with the 2030 Agenda on Sustainable
Development.
Description: PhD Thesis2022-01-01T00:00:00ZCybersecurity Regulation in the Financial Sector: Reflexive Risk Management in the UK, USA and NigeriaAtere, Temitayo Olamihttp://theses.ncl.ac.uk/jspui/handle/10443/56692023-02-09T10:34:03Z2022-01-01T00:00:00ZTitle: Cybersecurity Regulation in the Financial Sector: Reflexive Risk Management in the UK, USA and Nigeria
Authors: Atere, Temitayo Olami
Abstract: The consistent increase in the scale and forms of cyber threats, alongside the growth in use and
global uptake of communications technologies, has made risk management a core function of
21st century service providers. This has necessitated the proactive mitigation of cyber threats
and the integration of frameworks, policies and regulations that ensure the security of financial
transactions. Exploring reflexivity as a mechanism for informing adaptive and resilient
cybersecurity risk management practices, this thesis examines structures of coexistence
between criminal justice and self-regulatory responses, multiple cycles of reflexive processes
of self-examination, participation, communication, and revisions to influence future practices
in ever evolving risk and policy landscapes. This thesis evaluates the review, identification, and
control dimensions of cybersecurity risk management frameworks, analyses self-regulatory
cybersecurity standards and specific cybersecurity legal frameworks applicable to financial
institutions in the UK, US, and Nigeria, which can be implemented and/or remodelled to
enhance the effectiveness of cybersecurity risk regulation.
It observes that while effective cybersecurity risk regulation across the financial
institutions is being hampered by factors such as cherry-picked laws, unclear mandates, and a
lack of coordination between public and private stakeholders, strong implementation and
enforcement structures may be facilitated by initiatives directed at networked governance and
institutional arrangements involving a shared understanding of cyber threats and decision making processes. This thesis highlights the link between reflexivity and governance for
learning in financial institutions, arguing that reflexivity will always not deliver learning, in the
absence of good institutional structures of governance. Employing realist and constructivist risk
theories and secondary analysis of qualitative data obtained from government and non government agencies to inform practices and steer regulatory policy decisions, this thesis
identifies measures to enhance effective cybersecurity risk regulation in financial institutions
and addresses possible challenges to reflexivity in cybersecurity risk regulation.
Description: Ph. D. Thesis2022-01-01T00:00:00Z