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Conflict of Laws in the Application of the General Data Protection Regulation
No full textThis 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
An Exploration into Educator’s Awareness and Implementation of Universal Design for Learning within an Irish Higher Education Institution
No full textUniversal Design for Learning (from herein referred to as UDL) is a tried and tested framework. There is a building research evidence base to tell us it works. This paper explores the awareness and implementation of UDL within a Higher Education (HE) institution's teaching practices.
In recent years, responding to student diversity has become a key priority in education systems. Attributable to the broader diversity, one of the most significant challenges facing educators is engaging and supporting a vast and diverse group of students. Now more than ever, teaching practices must adapt to reflect the changing landscape of higher education. UDL has become a key pedagogical approach to promoting inclusive and equitable education in response to diversity, and it is slowly and implicitly emerging in Higher Education teaching practice. This study aims to ascertain educators’ awareness of UDL and explore the area of implementation within HE teaching practice to establish if Intuitional improvement and professional development to enhance educators’ skill sets for working with diverse learners are required.
This research presents an in-depth review of the literature, using primary research conducted with educators in one Higher Education institution with four geographical locations in Ireland. It brings insights into educators’ awareness of UDL and the implementation within HE teaching practice and establishes best practices in supporting and engaging educators in UDL practices. The research methodology utilised for this study follows a pragmatic approach using mixed methods. The data collection methods involved an online survey (quantitative) and semi-structured interviews (qualitative). The above methods were chosen to gather the essential data for achieving the information and the research objectives.
The research finds there is a high level of awareness and implementation of UDL but an inconsistency in the participation of formal PD in UDL; in addition, confidence in the implementation of the framework is quite varied.
The study makes several recommendations to Higher Education to bridge the gap between awareness, implementation and best practice in supporting, encouraging and engaging educators in UDL practices
Intercultural Communicative Competence in Multinational Language Colleges in Ireland: An Investigation of Language Teachers’ Attitudes Towards Culture and Language Learning
No full textThe purpose of this paper is to investigate the attitudes of English as a Second Language (ESL) teachers towards cultural teaching in the language classroom. Globalisation has highlighted the need for ESL learners to acquire intercultural communicative competence (ICC): the ability to communicate effectively and appropriately with people from various cultures in a shared language (Byram, 2021). This study looks into the materials and activities used by ESL teachers in Ireland to integrate culture into lessons. This study contributes to the existing knowledge on intercultural communicative competence and adds to the discussion through insights from ESL teachers about attitudes towards cultural teaching and the incorporation of culture into lessons. The resulting research objectives are as follows:
1. To investigate ESL teachers’ attitudes to the impact of teaching culture on students’ ICC.
2. To establish what teaching materials are used by ESL teachers to integrate culture into language lessons.
3. To explore which activities ESL teachers utilise to incorporate culture in language lessons.
A mixed methods approach was undertaken for the purpose of gathering primary data. The quantitative data was collected by way of an online survey and the qualitative data by semistructured interviews. Through adopting an explanatory two-phase approach, initial results from the quantitative phase were explained and explored in the qualitative phase effectuating corroboration and denotation of findings, and exploring conceptual gaps (Kimmons, 2022). The research revealed that whilst ESL teachers believe culture impacts students’ ICC and educators perceive culture to be integral in communication, ESL teachers have disparities in attitudes towards the meaning of ‘culture teaching’ and the learning outcomes sought. The primary research and the literature also found communicative language activities to be essential in attaining ICC. Based on the research undertaken, the study makes several recommendations for language schools and teacher training which include the incorporation of intercultural communication skills in basic ESL training courses, and collaboration within language institutions
Children’s Rights and Gender Transitioning – A Comparative Analysis of Germany and the UK
No full textThis 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 minor
The Right to Inclusive Education for Children with Disabilities and Special Educational Needs in Ireland: A Critical Analysis under International Human Rights Law
No full textThis research has highlighted that while there have been several encouraging developments for children with disabilities and Special Educational Needs (SEN), including Ireland’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) in 2018 and the enactment of the Education (Admission to Schools) Act 2018, current gaps in practice remain which hinder the realisation of the right to inclusive education for such children. Adopting doctrinal, sociolegal and historical methodologies, which was further supplemented by drawing on empirical research in the field of disability studies, this research examined the right to education under the wider international and regional human rights framework and explored the various sources from which the child’s right to education derives. This set the foundations from which the right to education for more generally for children with disabilities and SEN may be located. This was followed by tracing the emergence and key developments on the international level leading up to the adoption of the CRPD. After which, the CRPD, and specifically the right to inclusive education under Article 24 were examined. This research then considered the historical development of the educational rights of the child in Ireland. This began by locating the right to education in the Constitution of Ireland 1937 and reflects on germane case law which refined the scope of this right, particularly for children with disabilities and SEN. This was followed by charting the radical shift in legislative and policy developments in this area, beginning with the enactment of the Education Act 1998. Finally, this research analysed the translation of inclusive education in practice for children with disabilities and SEN with a view to examining the factors which facilitate, and the barriers which inhibit, inclusive educational practices for children with disabilities and SEN in Ireland, meeting the obligations conferred on States Parties by the CRPD and Article 24 thereunder
The Challenges of Building an Inclusive Education for Visually Impaired Children in The National Educational System. A Comparative Analysis Between Brazil and Ireland
No full textThe main objective of this dissertation is to investigate the effectiveness of the legal provisions available in international law, in the fight against discrimination against children with visual impairments, applied in domestic law, making a comparative and social legal analysis between Brazil and Ireland. The research will adopt the legal-dogmatic methodological aspect, since it addresses internal elements to the doctrinal and social legal system of the current legislation on inclusive education in Brazil and Ireland. The study is important, because the visually impaired have the same rights as other children, being able to attend regular school normally, with just a few adaptations, and the government has a duty to ensure a high standard of education for students with special needs, in the face of innumerable laws, conventions, existing acts, which determine the rights of this public, without discrimination. It was concluded that, for inclusive education to effective, it is essential for the government to invest in a special education teacher training plan, so that it changes its way of thinking, reflecting on their pedagogical practice, with the inclusion of Braille in the course curriculum, as a mandatory subject. For this to be really effective, an expansion, improvement or relevant modification in the legislation is essential, so that it is immediately applied. And this can only be possible through regular inspections, in order to guarantee the right to quality education for Visually impaired students
An Intelligent Regulation of Artificial Intelligence – A Brief Analysis of Accountability, Liability and Related Aspects
No full textThis 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
Blockchain: A European Perspective on the compatibility in regards with General Data Protection Regulation
No full textThe 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
Pre-emptive Strike: an examination of International Law on the use of force
No full textIn 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
Article 12(3) of the Rome Statute: A Solution to Impunity in Kashmir
No full textThe 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