first class law dissertation examples
European Court of Human Rights Scopelliti v Italy (1993) 17 EHRR 493 In the next part of this series, I will discuss the ‘planning stage’, what to expect and know from this stage and my approach to this stage of my dissertation. Guincho v Portugal (1984) 7 EHRR 223 Wemhoff v Germany (1968) 1 EHRR 55. 4.6. Table of Conventions As noted in the previous post, one of the most important breakthroughs in writing your dissertation can come from spotting a gap where something has not yet been discussed. London: Sweet and Maxwell, Crawford, E.B., and Carruthers, J.M., 2006. International Private Law in Scotland. [1992] ECHR 45. 7.2. 3rd ed., London: LLP, Briggs, A., and Rees, P., 2005. What do you want them to take out of reading your dissertation? Spiliada (n72), p464 per Lord Templeman. “The Impact of the Human Rights Act on Private Law: The Knight’s Move.” 116 LQR 380-385. Mance: 2007. Briggs and Rees: 2005, pp18-19. meet your tutor or lecturers and ask questions about the idea you have for your dissertation. [1992] 2 Lloyd’s Rep 269. If you are looking for help with your law dissertation then we offer a comprehensive writing service provided by fully qualified academics in your field of study. Transporti Castelletti v Hugo Trumpy, C-159/97, [1999] ECR I-1597. Who are your target readers? This may conflict with Article 6 because of a denial of access to an English court. Krombach v Bamberski Case C-7/98 [2001] QB 709 Ibid., at [36]; this includes the right to a determination of proceedings on the merits (Gorbachev v Russia, No. There are three things which you should bear in mind:-1. Connelly v RTZ Corpn plc [1998] AC 854, p872. Pertinent examples include the misapplication of human rights by the House of Lords in Montgomery , which indeed must be rectified, and other approaches not confined to the courts of the United Kingdom; for instance, the embarrassingly misguided approach of the ECJ in Gasser , where it refused to recognise human rights concerns in its myopic pursuit of the objectives of the Brussels regime, unyielding with respect for concerns of private parties, when there were measures available for reconciliation. 3354/02, 15 February 2007.) This is to test your research, problem solving. Soc Divagsa v Spain (1993) 74 DR 274. “The Brussels Convention, Forum non Conveniens and the Connecting Factors Problem.” 20(5) E.L. Rev. 3.3.1. It can therefore be seen that forum non conveniens takes a pragmatic approach to preventing foreseeable unreasonable delays under the second limb of Spiliada. Be intentional in who you approach and the manner you ask questions relating to your potential topics. Conclusions, 5. This approach is complemented by Article 307 (ex 234) EC such that Article 21 or 27 of the Brussels Convention or Regulation respectively can be overridden by a Convention previously entered into, including the ECHR. In effect, the ECJ was being asked something tantamount to whether there should be an exception to Article 21 in respect of certain Member States, a question justifiably answered in the negative. In such a case, a prediction is required, whereas in Montgomery, or indeed in any case concerning recognition, there was no need for such a prediction as the foreign judgment could already be seen to have breached Article 6. Huseyin Erturk v Turkey [2005] ECHR 630. Hunter-Henin, M., 2006. Doing this requires a lot of reading and researching. Pfeiffer and Plankl v Austria (1992) 14 EHRR 692; cf. Notwithstanding previous delays, efforts have been made to reduce the backlog of cases. Thus, as Briggs and Rees argue, this may have application where a court with jurisdiction is prevented from exercising that jurisdiction in a manner compatible with the ECHR. Malmstrom v Sweden (1983) 38 DR 18. Fawcett: 2007, pp36-37. This was so despite a Concordat between Italy and the Vatican requiring such recognition. Pafitis v Greece (1999) 27 EHRR 566 In my experience, this was perhaps the hardest and most exhausting part of my dissertation, especially from my undergraduate dissertation. Carel Johannes Steven Bentinck v Lisa Bentinck [2007] EWCA Civ 175 The Law of Human Rights. Cheshire and North’s Private International Law. Committee of Ministers of the Council of Europe, Resolution DH (97) 336, 11 July 1997. 34 EHRR 273. From here, you can now write out topics you’ve covered that you find interesting. Ibid., r.3.1(2)(f). Darnell v United Kingdom (1993) 18 EHRR 205 Additionally, you could also just create a general list of areas of law you’re interested in, regardless of whether you’d studied it at university or not. Klockner Holdings GmbH v Klockner Beteiligungs GmbH [2005] EWHC 1453 At the most extreme end of protection, Fawcett’s hybrid model could provide great procedural legal certainty, such that human rights concerns will be identified first, using ECtHR jurisprudence, following which international private law mechanisms can resolve these concerns with their inherent flexibility. Art 34(2) Winterwerp v The Netherlands [1979] ECHR 4 The Conflict of Laws, Oxford: OUP. Briggs and Rees: 2005, para.4.06. When Gasser came before the ECJ, there was already a delay in Italian proceedings of 3½ years in determining jurisdiction. Writing dissertation problem statement effectively is considered the soul of a thesis. All the best with your dissertation and career! Art 4 Such discretion should be “exercised with great caution and with close regard to the overall fairness of the proceedings”: R v Jones [2003] AC 1, at [6], per Lord Bingham. Salotti v RUWA Case 23/76 [1976] ECR 1831 [3] In the Heineken Cup quarter-final, April 2009... Insider Dealing Dissertation6th Aug 2019Introduction: This dissertation will attempt to investigate the need to prohibit and regulate insider dealing. Standard Steamship Owners Protection and Indemnity Association v Gann [1992] 2 Lloyd’s Rep 528 Reed and Murdoch: 2001, para.3.33. Interaction with Forum non Conveniens. In the context of civil jurisdiction and judgments, various methods of avoiding infringement, or indeed enabling protection, of the right to a fair trial exist. The Vishva Ajay [1989] 2 Lloyd’s Rep 558, p560; Chellaram v Chellaram [1985] 1 Ch 409, pp435-436; cf. “Torpedoes are here to stay” [2002] 2 International Review of Industrial Property and Copyright Law 154, Franzosi, M., 1997. Golder v. United Kingdom [1975] ECHR 1, at [28]. Although access to some court will be available following most limitations, the few cases where access would be denied to the only available court under a limitation warrant special attention in light of protection of the right to a fair trial. Ultimately, a strict approach may provide for considerable legal certainty in a fast and growing area of law which demands firm, human rights orientated answers. British South Africa Co v Companhia de Moçambique [1893] AC 602; for Scotland, Hewit’s Trs v Lawson (1891) 18 R 793. Further, it is worth considering whether delay by the foreign court itself can be avoided. “Forum non Conveniens Revisited.” 117(APR) L.Q.R. Required fields are marked *. Oxford: OUP. 2.3. Konamaneni v Rolls-Royce Industrial Power (India) Ltd [2002] 1 WLR 1269 Matthews v United Kingdom [1999] ECHR 12. In this article, I discuss what a dissertation is, how it is structured and the process of choosing a topic. The existence of this remedy may have gone towards justifying application of Article 21, which indeed was one of the questions referred to the ECJ by the Austrian Court, although unanswered. It may be suggested that other cases are not so easy to evaluate, such as in determining whether access to a court exists through lack of legal aid, as Santambrogio v Italy illustrates. A denial of access to a foreign court and, therefore, a potential Article 6 violation will occur through the grant of an anti-suit injunction, which seeks to restrain foreign proceedings. Notwithstanding, since 1999, there has been a trend of continuous breach, the ECtHR having adopted more than 1,000 judgments against Italy (Riccardo Pizzati, at [66].) After applying the Spiliada principles, which provided that a stay should be refused because the claimant could not obtain justice in the foreign court, Lord Bingham then turned to the Article 6 arguments and noted simply that “I do not think article 6 supports any conclusion which is not already reached on application of Spiliada principles.” Although the right to a fair trial was acknowledged and indeed protected under the refusal to grant a stay, the procedure in reasoning lowered the importance of human rights as the Spiliada principles took precedence to application of Article 6. Money, then, gets reinvested into the system or society, which gets to work with the new innovation or improvement. 2005, 24(APR), 200-223, Eardley, A., 2006. the particular issue or problem you’d want to uncover within the topic you’ve chosen. s1(1)(a) “International Law and the Law of the European Union – A Reassessment”, 72 BYBIL 1, Hartley, T.C., 2005a. “Foreign Judgments and Human Rights.” 121(APR) L.Q.R. Berisford Plc v New Hampshire Insurance [1990] 2 QB 631 Fawcett; 2007, p4. Thus, for example, in respect of deportation of a person to the United States of America from England, there may be an indirect breach of Article 6, but only where the transfer creates or risks creating a flagrant breach of the claimant’s right to a fair trial in that other country. If you take just one thing away from this series of posts, it is this. The Marine Bill Dissertation6th Aug 2019Introduction: This dissertation is about the relationship between marine environment and sustainable development.... No Fault Scheme For Tort of Negligence6th Aug 2019Introduction: This paper will review the current system for civil liability in the tort of negligence. [2002] 1 WLR 1269. Article 6 can operate through a number of mechanisms in the civil jurisdiction and judgments context, which must be distinguished for analytical purposes.


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