Committee of Ministers of the Council of Europe, Resolution DH (97) 336, 11 July 1997. Having worked with academia in trying to commercialise intellectual property rights (IP), through, for instance, spin-off companies, it is clear that innovation is crucial for the business models of universities. Supra pp.17-19. Oxford: OUP, Grosz, S., Beatson, J. and Duffy, P., 2000. Lester, A., and Pannick, D., 2000. At [71]-[73]. Contrastingly, in the limited number of cases which do yield Article 6 concerns, respect for human rights has been inconsistent, a worrying position particularly in light of the recognition of new, potential Article 6 challenges, such as in the areas of exclusive jurisdiction agreements and limitations on jurisdiction. The Conflict of Laws, Oxford: OUP. 35. 6th ed., London: Sweet and Maxwell, North, P.M. and Fawcett, J.J., 2004. Oxford: OUP. Standard Steamship Owners Protection and Indemnity Association v Gann [1992] 2 Lloyd’s Rep 528 Amuur v France [1996] ECHR 20, at [50]. 3.4.3. Ibid., s2(1)(a); such previous decisions are not binding; notwithstanding, as Lord Slynn observed in R (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] 2 WLR 1389 at [26]: “[i]n the absence of some special circumstances it seems to me that the court should follow any clear and constant jurisprudence of the [ECtHR].” Supra p8. However, successful use of this factor has been extremely rare. Huseyin Erturk v Turkey [2005] ECHR 630. s1(1)(a) Therefore, Montgomery is seen to be wrong in so distinguishing Pellegrini. Notwithstanding previous delays, efforts have been made to reduce the backlog of cases. Διοίκηση; Οργανόγραμμα How to conclude a first class law dissertation. 7.4. However, Soering requires that the person “has suffered or risks suffering a flagrant denial of a fair trial (emphasis added. Ibid., at [177]. Opinion of A.G. Léger in Gasser, at [88]. Expressly stated in Article 6(1), this right may be pertinent where proceedings are stayed in favour of a foreign court. Registered Data Controller No: Z1821391. Soering (n14) at [113]. Although this proposition may be unfounded, particularly where access to a court is available somewhere, the exclusion on jurisdiction may still be challenged on Article 6 grounds if disproportionate its aim. Briggs and Rees: 2005, p20 n.101. An approach recognised by both Mance (Mance: 2004a, paras.6-7) and Hartley (Hartley: 2005a, p383.) You can decide to discuss broadly on the area with a real-life situation as your case study. “The Brussels Regulation.” 20 Civil Justice Quarterly 218, Harris, J., 2005. Further, it is worth considering whether delay by the foreign court itself can be avoided. Konamaneni v Rolls-Royce Industrial Power (India) Ltd [2002] 1 WLR 1269 An excellent way to conclude introductions is to write a simple and effective dissertation objective. Owusu v Jackson and Others C-281/02 [2005] QB 801 The introduction must be precise i.e. 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. Ibid., at [42]. The Atlantic Star [1974] AC 436, p475; Spiliada (n72), pp474-475. Ultimately, this may amount to a positive duty to develop the common law, extending beyond mere interpretation of the common law to conform to the Convention principles. R v Jones [2003] 1 AC 1 Writing dissertation problem statement effectively is considered the soul of a thesis. Thus, in Lubbe v Cape Industries Plc the emergence of over 3,000 new claimants gave greater significance to the personal injury issues, the investigation of which would involve a cumbersome factual inquiry and potentially a large body of expert evidence, such that South Africa was rightfully identified as the most appropriate forum under the first limb of Spiliada. As stated before, a dissertation is usually a research project, a topic either chosen by you or chosen from a range of topics, which usually lasts between 4 to 6 months, depending on the program (LLB or LLM). In civil cases, time starts to run when the proceedings are instituted and stops when legal uncertainty has been removed, which normally requires that the final appeal decision has been made or the time for making an appeal has expired. Of course, time taken for a required preliminary reference from the ECJ is entirely justified under Article 6 (Pafitis v Greece (1999) 27 EHRR 566, at [95].) Your email address will not be published. The law dissertations below were written by students to help you with your own studies. C-116/02 [2005] QB 1. The limitation in that case prevented access to the English courts, which may have been the only available courts, through a particular rule of public policy. Notwithstanding, the actual breach of Article 6 standards in Pellegrini was flagrant, despite the court’s omission of this, and therefore the judgment may not represent such a large departure from Drozd. Recognition of Non-Contracting State Judgments 5.1. It has been stated that “excessive delays in the administration of justice constitute an important danger, in particular for the respect of the rule of law” and for the legal certainty of citizens. Cf. Montgomery (n12); Drozd and Janousek v France and Spain (1992) 14 EHRR 745, p795; cf. In such a case, the exemplary approach of Aikens J would easily resolve such human rights issues. The ECHR is not an optional instrument that can be applied to justify a course of reasoning, however misguided, on the one hand and dismissed when apparently greater considerations require it on the other; careful legal analysis is required for its operation, which analysis does not appear to have been applied or even respected by the ECJ. Notwithstanding, arguments for the application of the indirect effect doctrine in this context are still applicable because the situations are “essentially the same.” Indeed, it could be argued that staying proceedings amounts to a transfer of persons through effective compulsion. “The Impact of Human Rights on the Application of Foreign Law and on the Recognition of Foreign Judgments – A Survey of the Cases Decided by the European Human Rights Institutions,” in Einhorn, T. and Siehr, K., 2004. Together with the conclusion, the introduction is one of the most significant pieces of a dissertation that you have to get right. An undergraduate law dissertation usually varies between 10 000 to 12 000 words, while the masters dissertation ranges between 10 000 to 15 000 words. This was my starting point for my dissertation as I’d connected this with ‘reasonableness’ in law, principles in jurisprudence. “Conflicts of Laws in Human Rights: Consequences for Colonies”, (2007) 1 EdinLR 121, Fawcett, J.J., 2007. Conclusions, 4.1. The conclusion to your dissertation is, arguably, the most important part and is, therefore, potentially a major differentiator between a first class dissertation and a second class one. This importance is reflected in the express protection of the reasonable time requirement in Article 6. Art 71. 533 [1996] 2 Lloyd’s Rep 40. A and others v Denmark [1996] ECHR 2, at [78]. 3.3.1. If the word limit is 10,000 words, 800-1000 words should, ideally, be used on your conclusion; 2. Kudla v Poland [2000] ECHR 512 In this context, the ECJ will have another chance to take human rights seriously, with the opportunity to apply Article 307 EC complementing Article 71 of the Brussels Regulation and jurisprudence both of the ECJ and ECtHR. Table of Conventions Human Rights: The 1998 Act and the European Convention,.London: Sweet and Maxwell, Harris, D.J., O’Boyle, M., Warbrick, C., 1995. House of Lords 5.2.1. “The Impact of Article 6(1) of the ECHR on Private International Law.” 56 ICLQ 1-48, Fentiman, R., 2005. Although the flexibility through the public policy exception does not extend to the rules relating to jurisdiction, there are other mechanisms for protecting human rights within the Brussels Convention and, especially, the Brussels Regulation. R (Razgar) v Special Adjudicator [2004] AC 368, at [42]. Harris: 2005, p939; despite a lack of express mention by the ECJ in Owusu (n29); cf. Mance: 2007. Be intentional in who you approach and the manner you ask questions relating to your potential topics. Andreucci v Italy [1992] ECHR 8 dissertation writing, Research. glasgow university, It goes something like this: University teaches its students; Students produce research in which they and/or the university have IP, such as copyrights or patents; Student and/or university commercialises that IP by selling or licensing it to journals or other entities, such as companies. 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].) Fabri and Langbroek: 2003, p3. An undergraduate law dissertation usually varies between 10 000 to, 12 000 words, while the masters dissertation ranges between 10 000 to, the type of coverage you should be aiming for on your dissertation, as well as the nature of. 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. Sim v Robinow (1892) 19 R 665 Prince Hans-Adam II of Liechtenstein v Germany ECHR 2001-VIII. 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. Krombach v Bamberski Case C-7/98 [2001] QB 709 It may be argued that this was not a case of human rights not being taken seriously, but was merely a case of wrongful interpretation of human rights law, yet this could only be accepted upon an assumption of the incompetence of the House of Lords. Foti (n37), at [61]. Fawcett: 2007, p.11. Contrastingly, cogent arguments can be made against forum non conveniens, inter alia, because of the uncertainty for the claimant. Who are your target readers? Is implementation sufficient? In Soering v United Kingdom the ECtHR emphasised that it was for Member States to secure Convention rights of persons within their jurisdiction, but that this obligation did not extend to non-Contracting States, nor should it seek to impose ECHR standards on such States. 101-129, Collins, L., 1995. Finding this loophole was essential to the dissertation’s success. Spiliada (n13), pp474-477. However, it is difficult to distinguish Hans-Adam II on its facts particularly given the sweeping reasoning in Pellegrini. "CSR". Further, speed of a trial itself may be decisive in balancing appropriateness factors. Email me for any help or you can try mailing support@uktermpaper.com as these guys also helped me with my dissertation. Such domestic remedies assist in reducing further breaches and ultimately reduce the need for the indirect effect doctrine. Lubbe v Cape Industries Plc [2000] 2 Lloyd’s Rep. 383 Vocaturo v Italy [1991] ECHR 34. Cf. Moreover, it should be noted that it is the defendant who asks for a stay, thus incurring additional expenses, which expenses he might be expected to pay. Robins v United Kingdom (1998) 26 EHRR 527 This would allow you determine the approach you want to take with the various possible topic options. (n14). 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. Green: 1956, p494. 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. “The “Horizontal Effect” of the Human Rights Act”.
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