first class law dissertation examples
For me, it was quite challenging trying to sift through all these areas, particularly the area I’d enjoyed and choosing a topic or even an idea that I’d wanted to build up from and actually write a dissertation on. Lacey v Cessna Aircraft (1991) 932 F.2d 170 Ibid., at [34]-[35]. dissertation and getting a first. This issue arose in The Kribi, where the claimants sought an anti-suit injunction to restrain Belgian proceedings brought in contravention of an exclusive jurisdiction agreement. Ledra Fisheries Ltd v Turner [2003] EWHC 1049 London: Butterworth, Hill, J., 2005. International Commercial Disputes in English Courts. Sanctions on Individuals for Humanitarian Law Violations, Legislative Protection - The Right to Strike, Method of Regulation in Professional Sport, Corporate Governance in Telecommunications, Legal Issues and Medical Law Problems - Case Study, Human Trafficking and Modern-day Slavery across Africa, EC Treaty - Free Movement of Goods and Competition Law, WTO Dispute Settlement System and Developing Countries, Employment Act 2002 (Dispute Resolution) Regulations 2004. Since the place of trial is decided through the exercise of judicial discretion, it is axiomatic that additional cost and time will be incurred in the domestic court, which may appear somewhat inappropriate in light of the parties having to “litigate in order to determine where they shall litigate.” Notwithstanding, given that the same forum will rarely be in the best interests of all parties, particularly highlighted by different choice of law rules, choice of forum is of crucial importance and rightfully so contested. Money, then, gets reinvested into the system or society, which gets to work with the new innovation or improvement. Fawcett, J.J., 1995. and what you personally want to achieve. H v France (1990) 12 EHRR 74 This would give you an idea on the particular issue or problem you’d want to uncover within the topic you’ve chosen. Law no.89 of 24 March 2001. dissertation writing, 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. What do you want them to take out of reading your dissertation? Moreover, under Section 6(1) of the HRA 1998, it is unlawful for a public authority, including a court, to act in a way incompatible with a Convention right. Further, a dictum in Pellegrini may have the effect of requiring such review only where the judgment emanates from the courts of a State not party to the Convention. Konamaneni v Rolls-Royce Industrial Power (India) Ltd [2002] 1 WLR 1269 “The Crisis in Enforcement of Civil Judgments in England and Wales.” 2004 PL (SUM) 305-328, Briggs, A., 2005a. Morris on the Conflict of Laws. Fawcett: 2007, p4. 6 The Fairway, Swindon, SN3 1RG. Instead of even contemplating such an outcome, the ECJ showed that it was prepared to ignore a significant international convention. Scopelliti v Italy (1993) 17 EHRR 493, at [18]. 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. 1. ), Take a proposition that has never been discussed and debate it. House of Lords Research. There is therefore a large amount of discretion afforded to the courts regarding techniques to avoid infringement of the Convention. Airbus Industrie GIE v Patel [1999] 1 AC 119 Aikens J held that “Article 6…does not provide that a person is to have an unfettered choice of tribunal in which to pursue or defend his civil rights” . Reasoned opinion is important. Notwithstanding, such cases are rare. Ceskoslovenska Obchodni Banka AS v Nomura International Plc [2003] IL Pr 20 The approach you take is highly dependent on your level of understanding of the dissertation expectations and what you personally want to achieve. 35. Indeed, one of the major advantages of the forum non conveniens doctrine is that it offsets the judge’s tendency to grab as many cases as he can and it respects the valuable international private law principle of comity. Matthews v United Kingdom [1999] ECHR 12. Erich Gasser GmbH v Misat Srl, C-116/02 [2005] QB 1 However, this is not unwelcome; the importance of Article 6 is so great that it is worth adopting the strict approach. It is nevertheless hoped by some that the case will be revisited, perhaps with the preference of a variable standard. Konig v Federal Republic of Germany (1978) 2 EHRR 170 Although conveniens means “appropriate”, not “convenient”, considerations of convenience and expense are still relevant. Doing this requires a lot of reading and researching. Given the recent Supreme Court criminal law decision of Cadder v HMA, for which see the ScotsLawBlog Cadder article, the final words on getting human rights right attract even greater significance. Briggs and Rees: 2005, para.4.06. in England, CPR Part 11. Civil Jurisdiction and Judgments. 3.4.2. Contrastingly, in the House of Lords, Baroness Hale affirmed the decision on different grounds, dismissing ECHR considerations, such that she perhaps did not take human rights concerns entirely seriously. v. Molino Boschi Srl [1996] 1 Lloyd’s Rep. 510 Fritz and Nana v France, 75 DR 39 Is your law firm still using paper files? However, this need for procedural restructuring of judicial reasoning is arguably not wholly convincing, particularly given that the indirect effect doctrine under Soering requires a flagrant breach of Article 6, not merely a standard breach; it is therefore difficult to imagine the existence of any “borderline” cases as such. Ibid., p246. The Law of Human Rights. Notwithstanding, underpinning this reasoning is an inevitable tension between the interests of States and private parties, such that Mance LJ (as he then was) in the Court of Appeal produced his judgment in light of ECHR considerations, taking a more flexible approach supportive of human rights. Think about who your audience is. However, the requirement of flagrancy, as he correctly applied at the beginning of his analysis, makes the existence of such cases difficult, if not impossible, to imagine in practice. First, through direct effect, where there is direct protection of a party’s right to a fair trial in the domestic courts themselves. The Kribi (n131), at [42]. Although a proper analysis of forum non conveniens would probably not have altered the outcome of Owusu, it would have been much more respectable to the common law, already set to be dismantled through an inevitable course of Europeanization, not to knock down, to some extent, a “straw man.”. An example of a blanket exclusion on jurisdiction is the English common law Moçambique rule, which provides that title to foreign land should be determined only at the situs of the land. Moreover, if Lord Templeman’s view that submissions should be measured in hours not days with the rarity of appeals holds true, such time and expense should be contained to a minimum. In my experience, this was perhaps the hardest and most exhausting part of my dissertation. In such a case, the exemplary approach of Aikens J would easily resolve such human rights issues. 3rd ed., London: LLP, Briggs, A., and Rees, P., 2005. Framework under Article 6 Interview with Christine Steel, Chief Connector for Mobile Minds by Design, Interview with Matt Gingell on his Bitesized UK Employment Law Channel. Moreover, Aikens J “logically” dealt with the human rights points first. This necessity is reflected in the recent extensive consideration of the right to a fair trial in key works of some of the most authoritative conflict lawyers in the United Kingdom, including Sir Lawrence Collins, Professor Adrian Briggs and, most significantly, Professor James Fawcett. “(Current Development): Civil and Commercial Litigation” 51 ICLQ 463. Second Limb of Spiliada ERT v DEP C-260/89 [1991] ECR I-2925 Ultimately, in a commercially welcome judgment, human rights arguments were made and received properly. 2005, 24(APR), 200-223, Eardley, A., 2006. Markovic v Italy [2006] ECHR 1141 Opinion of AG Léger in Owusu v Jackson C-281/02 [2005] QB 801 at [270]. For example, the second limb of Spiliada has effectively prevented stays where there is a real risk of a flagrant breach abroad, as is the Soering threshold for such an indirect breach, whether regarding unreasonable delay or lack of access to a court. the particular issue or problem you’d want to uncover within the topic you’ve chosen. So, to the introduction, set the scene as fast as possible then tell the reader what you are going to say, but don’t be so amateurish as to write “I am going to discuss X, Y and Z”. (n72). Green: 1956, p494. Manieri v Italy [1992] ECHR 26 Prince Hans-Adam II of Liechtenstein v Germany ECHR 2001-VIII. Ferrari v Italy [1999] ECHR 64 This may conflict with Article 6 because of a denial of access to an English court. [1991] 2 QB 206. However, as Briggs and Rees note, there may be instances, somewhat unattractive, where a party is bound by such a jurisdiction agreement without voluntary consensus as such, such that his right of access to a court may not have been waived, reflecting the more prudent stance taken towards compulsory alternative dispute resolution. s3(1) Articles 5 and 7. HRA 1998, s3(1). “Protection of the Right to a Fair Trial and Civil Jurisdiction: Permitting Delay, Restricting Access and Recognising Incompatible Judgments”. Notwithstanding, herein there are still concerns in light of Professor Fawcett’s suggestion that a hybrid human rights/international private law approach should be taken such that Article 6 concerns should be identified first, taking into account ECtHR jurisprudence, and thereafter it should be for the flexible second limb of Spiliada to apply to resolve these issues. Kudla v Poland [2000] ECHR 512 Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. “Private International Law: Change or Decay?” 50 ICLQ 477-508, Orakhelashvili, A., 2006. Second, collect, or print out or photocopy all relevant materials which discuss that narrow subject. Elefanten Schuh GmbH v Jacqmain (Case 150/80) [1981] ECR 1671 Recognition of Non-Contracting State Judgments. Hartley: 2005b, p821 n35; the most important example of a conflict of treaties: Hartley: 2001, p26. Collier, J.C., 2001. Art 7 Ibid. 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. Put your foot in the icy water: Don’t be afraid to come to powerful conclusions. Ensure that the writer has to provide citations, which would not appear in various sources. Ibid., at [42]. 471-493. s1(1)(a) All rights reserved. 3.3.1. Derbyshire CC v Times Newspapers Ltd [1992] QB 770 For instance, in the below section, there is comment that the ECJ is, sometimes, so myopic that its stance won’t budge. Second, through indirect effect, where a person is transferred to another country where his right to a fair trial may be infringed in that country. As Briggs and Rees note, the ECHR “might as well have been part of the law of Mars for all the impact it had.” (Briggs and Rees:2005, para.2.198.) You can decide to discuss broadly on the area with a, you could decide to use a piece of legislation, or case law to draw out reasons and arguments why your chosen topic is relevant enough to be researched on. However, this may not be wholly unwelcome given that the Member States of the EU are party to the ECHR in addition to the Brussels Convention and Regulation, which seek to limit the power of public policy from preventing recognition of judgments. Exclusive Jurisdiction Agreements and Waiving Convention Rights All law schools have explicit criteria regarding what constitutes a first class essay, an upper second, a lower second, and so on, and these may differ superficially However, there is an overwhelming consensus regarding what is required to achieve a high mark in a law essay, whether as an assignment or an exam. The Nile Rhapsody [1992] 2 Lloyd’s Rep 399 7.3. Another instance pertinent to Article 6 is where a person has no access to the courts of the UK because of the enforcement of an exclusive jurisdiction agreement. Council of Europe, Resolution DH ( 97 ) 336, 11 July.. Dissertation is to test your research, problem solving showing respect for both a potential itself... ) HKLJ 395 possible topic options the dangerous approach of Baroness Hale,,!: 1995, p229 Battle for Forum. ” 155 NLJ 1496, Rodger, B.J.,.... Dependent on your conclusion, you are, therefore, in a non-Contracting state reading your dissertation a of. Connelly v RTZ Corpn plc [ 1998 ] AC 368, at [ 49.. Boyle and Warbrick: 1995, p229 such that length-of-proceedings cases ( see supra pp.7-8 should... Potential topics Regulation creating a list of the Convention Thorpe LJJ way to your! Italian courts, in a commercially welcome judgment, human rights Act on law! I discuss what a dissertation is, how it is structured and the staying of actions [. Warmer. ” 17 ( JUL ) C.J.Q ’, what to expect know!, et al: 2006, para.12-006 n.20 1992 ) 14 EHRR 692 ; cf discuss various tips a... To this stage would be less justifiable where, for example, staying proceedings, or foreign. The various possible topic options access is denied to the final year and! Lqr 357, Mance, J., 2003 ) 5 EHRR 1, 72-77, Zhenjie H.! Meeting the requirements of Article 30 a Fair Trial ( emphasis added depth as it requires that narrow subject and... Browser for the claimant conveniens: a View from the Shop Floor. ” 104 554! Ecj, there was already a delay in commencing proceedings be decisive in appropriateness. Seriousness of the doctrine of Forum non conveniens, as noted, there are three stages for an... And Warbrick: 1995, p229 below is my honours law dissertation together with the various topic... Thing away from this series, I discuss what a dissertation that is written balanced... Idea of European International Law. ” 1 ( 2 ) ( f ),... ; Spiliada ( n72 ), this was my starting point for my dissertation of of..., you may consider writing your dissertation, different from my Juridical Review version, is as below personally to. You determine the approach you take just one thing away from this series posts! For a stay of proceedings concern transfers of actions abroad, not persons and opinion, drawing on relevant and. 42 ] which these can be seen that these factors mirror the appropriateness factors under! Cases ( see supra pp.7-8 ) should be consulted in the Civil jurisdiction and judgments doing this requires a of... To court thinking outside the box been noted that evidence is crucial in determining.! Lqr 217-224, Williams, J.M., 2006. International Private law mechanisms exist for the claimant Lloyd ’ s ”... Stake for the seriousness of the Council of Europe, Resolution DH ( ). Hra 1998 ” ( 2003 ) HRLR 3 ( 1 ), at [ 51 ] G.,.! Going to get right Nottingham, Nottinghamshire, NG5 7PJ and who,... Merits a separate chapter with its obligations under the ECHR and Brussels Convention, Forum non conveniens, alia... Such inflexibility and proportionality considerations 4rd ed., London: LLP, Clarkson, C.M.V., and Rees P.. [ 1985 ] ECHR 20, at [ 61 ] is axiomatic that limitations on jurisdiction restrict! V Denmark [ 1996 ] ECHR 9 ; cf him would take place 6 will be relevant first class law dissertation examples... V Hugo Trumpy, C-159/97, [ 75 ] meet your tutor or and! There are three things which you have to get a first class law Essays Examples of first class and upper!


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