dissertation questions law

How it works

Useful Links

How much will your dissertation cost?

Have an expert academic write your dissertation paper!

Dissertation Services

Get unlimited topic ideas and a dissertation plan for just £45.00

Order topics and plan

Get 1 free topic in your area of study with aim and justification

Yes I want the free topic

Law Dissertation Topics

Published by Owen Ingram at January 9th, 2023 , Revised On April 26, 2024

Law dissertations can be demanding because of the need to find relevant regulations, cases, and data to address the research problem successfully. It is of utmost importance to critically examine facts before framing the research questions .

Selection of the most appropriate legal terms and legal authorities, whether online or in print, can be challenging especially if you have not tackled a law dissertation project before.

To help you select an intriguing law dissertation topic, our expert writers have suggested some issues in various areas of law, including trust law, EU law, family law, employment and equality law, public law, tort law, intellectual property rights, commercial law, evidence, and criminal law, and human rights and immigration law.

These topics have been developed by PhD-qualified writers of our team , so you can trust to use these topics for drafting your dissertation.

Review step by step guide on how to write your own dissertation here.

You may also want to start your dissertation by requesting a brief research proposal from our writers on any of these topics, which includes an introduction to the topic, research question , aim and objectives , literature review along with the proposed methodology of research to be conducted. Let us know if you need any help in getting started.

Check our dissertation examples to get an idea of how to structure your dissertation .

Review the full list of dissertation topics for 2024 here.

2024 Law Dissertation Topics

Topic 1: the role of international criminal laws in reducing global genocide.

Research Aim: This study aims to find the role of international criminal laws in reducing global genocide. It will be an exploratory study identifying the explicit and implicit effects of international criminal laws on the worldwide genocide. It will analyse different incidents of international genocide and find out how international criminal laws played a positive role to reduce these incidents. Lastly, it will recommend possible changes in the international criminal laws to effectively mitigate global genocide. And it will be done by comparing criminal laws of world-leading powers to reduce genocide.

Topic 2: Impact of Anti-Racism Employment Laws on Organisational Culture- A Comparative Study on the Anti-Racism Employment Laws in the US and Canada

Research Aim: This research aims to find the impact of anti-racism employment laws on the organisational culture in the US and Canada in a comparative analysis. It will identify the change in employees’ behaviour after implementing anti-racism laws. Moreover, it will find whether employees gleefully welcomed these laws or showed resistance. And how do these laws affect the organisations’ performance that strictly implemented them?

Topic 3: Globalization, international business transactions, and commercial law- A perspective from literature.

Research Aim: Students and practitioners can find the law of international business transactions as a subfield within a broader field of international commercial law to be somewhat amorphous.

This study will explain the impact of globalization on international business transactions and commercial law by establishing some necessary links between the study of transnational business law and related fields of international studies. This study also aims to address theories about foreign business regulation, such as the idea that it is free of power politics. For the collection of data existing literature will be studied. And the methodology of this research will rely on existing previous literature.

Topic 4: Investigating the impact of competition law on the businesses in the UK- Post Brexit

Research Aim: This study aims to investigate the impact of competition laws on businesses in the Post-Brexit UK. The proposed study will not only analyze the performance of the businesses with the current competition laws. But also analyze the impact of possible changes in competition laws on the businesses in the post-Brexit UK. And it will also incorporate the possible difference of changes in competition laws in deal, no-deal, hard deal, and soft deal scenarios. This way of individually analyzing the difference of competition laws due to the status of the UK’s deal with the EU will give better insights into how businesses will be affected by these laws in the post-Brexit UK.

Topic 5: A comparison between Islamic and contemporary laws against rape. Which law is the most effective in preventing this horrific crime?

Research Aim: Since several years, marital and non-marital relations in Muslim majority countries have been a source of controversy. Under Islamic law, it is strictly forbidden for a Muslim, or even non-Muslim to engage in illicit sexual relations with the opposite gender under any situation. The current study will help us understand the concepts presented in Islamic laws about rape cases. In this context, a comparative analysis of Islamic and contemporary law will be explained. It will also identify efficient and effective strategies to prevent this horrific crime.

Law Dissertation Topics For Covid Crisis

Topic 1: the legal implications of the covid-19 pandemic on canadian immigration and the way forward..

Research Aim: This study will focus on how the Canadian government benefits from resources accrued from immigration, the impact of COVID-19 on Canadian Immigration, the current legislation on immigration, the effects of COVID-19 on the immigration law, the possible amendments that could help cushion the impact and the way forward.

Topic 2: Effect of COVID-19 on the United States Immigration policies; an assessment of International Legal agreements governing pandemic disease control and the way forward.

Research Aim: This research will focus on the pandemic’s effect on immigration policies in the United States. It also suggests the required steps based on the laws that regulate government acts during an outbreak of a pandemic.

Topic 3: Creating legal policies in preparedness for the global pandemic; lessons from COVID-19 on Canadian immigration policies.

Research Aim: This research will focus on how the COVID-19 pandemic hit the world and how most countries seemed unprepared. Historical background of the flu pandemic can also be made to assess how the world overcame the pandemic. And the need for the Canadian government or any other country you wish to choose can prepare for a global pandemic by creating legal policies that could help prepare ahead for such a period, such as policies on scientific research and funding.

Topic 4: The need for uniformity of competition law and policy in Gulf Cooperation Council Countries; An approach to the European Union standard.

Research Aim: This research will focus on the Gulf Cooperation Countries and their current legislation on competition law and its implications. Countries under the European Union’s competition law, the legal implications, and the need to consider such a part.

Topic 5: The need for competition law and policy enforcement; An analysis of the Gulf Cooperation Council Countries.

Research Aim: This research focuses on the Gulf Cooperation Council Countries’ competition laws and their enforceability. It analyses the benefits of enforcing the competition law and looks at the European Union uniformed laws and its benefits. It looks into the various countries, how the competition law currently works, and how it can affect each country’s economy in a better way or adequately enforced.

Topic 6: Provisions of the law on rape, the need to expand its coverage on the misuse of its provisions, and false accusations.

Research Aim: This research will focus on the law’s present provisions on rape and rape victims and the recent false accusations.

Topic 7: Summary dismissal of workers during the COVID-19 pandemic, the legal implications under the labour law, and the way forward. The case study of Nigeria

Research Aim: This research will focus on the statistics of people who were summarily dismissed during the COVID-19 pandemic based on natural occurrences, provisions of the law against summary dismissal, and its enforcement, and how this can be cushioned against future events. The need to expand the labour law to cover similar situations for the protection of workers.

Topic 8: A legal assessment of the settlement of international disputes through the peaceful process and its effectiveness

Research Aim: This research focuses on the mode of dispute settlement in the international community, assessment of international laws and treaties on peaceful settlement of conflicts among countries of member states, the methods of dispute settlements, its strengths and weaknesses, and the need to improve the current mechanisms of peaceful settlement in the international community.

Topic 9: The protection of minority shareholders and the majority shareholders' power in Companies, a critical analysis of the Nigerian Companies and Allied Matters Act provisions.

Research Aim: This research will focus on the law’s provisions on protecting minority shareholders in companies and the majority shareholders’ power. How effective are these provisions in protecting the minorities against the management of the majority shareholders and the way forward

Topic 2: The right to bear arms: Rethinking the second amendment

Research Aim: Gun control and the right to bear arms has been an ever-evolving web discourse in the United States. The research aims at analysing how gun control laws have changed in the USA since specifically focusing on the 2nd Amendment and its original framework.

Topic 3: Rethinking the international legal framework protecting journalists in war and conflict zones.

Research Question: Is the current legal framework still appropriate for protecting journalists in today’s conflict zones? Research Aim: The primary body of law that is set out to protect journalists includes the Geneva Conventions and their additional Protocols. However, since the time they have been drafted and decades after, there have been conspicuous changes to the way warfare is conducted. It is imperative to examine this body of law in order to improve it as journalists have now become prime targets in war zones and conflict areas because of their profession.

Topic 4: A critical analysis of employment law of disabled individuals in the UK and what new policies can be integrated to increase its efficiency.

Research Aim: Employment or labour law has always been under the limelight. Many critiques and researchers have proposed different amendments to the existing law pertaining to labour and employee. The main aim of the research is to critically analyse the employment law of disabled individuals in the UK along with effective recommendations that need to be made in order to make the existing law more efficient and effective.

Topic 5: A critical evaluation of racial discrimination laws in developed countries and how it impacts the workplace environment

Research Aim: Racial discrimination has always been a controversial issue in almost every part of the World. However, many developed countries (companies) face severe racial discrimination issues that directly impact their name and brand value. Therefore, this research provides a critical evaluation of the racial discrimination laws, particularly in developed countries. Moreover, the research will be focusing on how racial discrimination laws are impacting the workplace environment.

Topic 6: A comparative analysis of legislation, policy, and guidelines of domestic abuse between UK and USA.

Research Aim: Domestic laws basically deal with and provide criminal rules for punishing individuals who have physically or emotionally harmed their own family members. It has been found out that many domestic cases of abuse are not reported to the concerned authority. Due to this reason, the main focus of the research is to conduct a comparative analysis of legislation, policy, and guidelines of domestic abuse between the UK and the USA and how effective both the countries have been to minimise domestic abuse.

Topic 7: Analyzing the negative impact of technology in protecting the intellectual property rights of corporations.

Research Aim: Intellectual property has gained significant importance after the emergence of counterfeit products coming from different parts of the world. It has been found out that many factors have motivated the sale of counterfeit products. Therefore, this research aims at analysing the negative impact of technology in protecting the intellectual property rights of products and corporations.

Topic 8: A critical assessment of the terrorism act of 2010 and its impact on Muslims living around the globe.

Research Aim: Since the incident of 9/11, the entire world has been under the pressure of terrorism activities, especially Muslims living around the world. Therefore, this research intends to critically assess the terrorism act of 2010 and its impact on Muslims living around the globe.

Trust Law Dissertation Topics

The trust law requires the settler to meet the three certainties, including the object, intention, and subject matter. As posted to a moral obligation or mere gift, confidence of choice can be best described as clarity of purpose. Some interesting dissertation topics in the field of trust law are listed below:

To investigate the attitude of the courts to trusts supporting political agendas.
To identify and discuss principles on which half-secret and full secret trusts are enforced? Does a literature review highlight circumstances where it is essential to consider whether such beliefs are constructive and express?
The role and impact of trust law as asset portioning and fiduciary governance
From law to faith: Letting go of secret trusts
Critical analysis of the statement “Traditionally, equity and the law of trusts have been concerned with providing justice to balance out the rigour of the common law” regarding modern equity development/operation.
Should the assumption of resulting trusts and progression be abolished in this modern age? A critical review of the literature
A critical examination of the courts’ concern of financial reward in the context of “trustee powers of investment”
Does the doctrine of cypress do justice to the intentions of the testator?
The impact of the decision of Harrison v Gibson on the law of the clarity of intention?
The approval of trustees in the Zimbabwean law of trusts

Want more? Read this.

How Can ResearchProspect Help?

ResearchProspect writers can send several custom topic ideas to your email address. Once you have chosen a topic that suits your needs and interests, you can order for our dissertation outline service which will include a brief introduction to the topic, research questions , literature review , methodology , expected results , and conclusion . The dissertation outline will enable you to review the quality of our work before placing the order for our full dissertation writing service!

European Law Dissertation Topics

European law has recently attracted wide attention from the academic world, thanks to the growing influence of European Law on administrative law in EU members. It should be noted that every aspect of life in European states is significantly affected by European law, and therefore this area of research has gained tremendous popularity. Some exciting and specific research areas are given below:

A critical review of the European anti-discrimination Law
To investigate the economics and history of European Law.
An investigation of the European human rights law
Investigating the impact of “Freedom of Speech” on the German economy
Investigating the impact of immigration laws on the German economy
How the French parliamentary sovereignty has been affected by the European Union
Uniform interpretation of European patent law with a unique view on the creation of a standard patent court
The impact of European consensus in the jurisprudence of the European court of human rights
The impact of the European convention on human rights on the international human rights law
A critical analysis of the tensions between European trade and social policy
To investigate the European Union’s enforcement actions and policies against member countries.
European Laws amidst the Brexit process

Read this Article.

Family Law Dissertation Topics

A wide range of topics are covered under the field of family law and the law of children. Essentially, this area of law takes into consideration the registration of marriages, statutory rights concerning marriage, the effects of a decree, void and voidable marriages, the impact of the Human Rights Act, the legal stature of unmarried and married individuals, and the case for reform of UK family law . Other research areas include enforcing financial responsibilities in the Magistrates court, enforcing the arrears of maintenance payments, the award of maintenance, enforcing financial obligations to children or a child, financial orders for children, and the Child Support Act. An extremely intriguing area of law that has gained tremendous popularity in the modern era, some specific dissertation topics in this area of law studies are listed below:

Investigating therapeutic and theoretical approaches to deal with spouse abuse in light of the UK government’s latest research on domestic violence
Unmarried fathers’ access to parental responsibility – Does the current law enforce rights and responsibilities towards children?
To study the criminal justice process involving a child witness.
The children’s right to participation – Rhetoric or Reality? – A critical review of literature from the past two decades
To study the position of unmarried fathers in the UK.
Does the UK Family law need a major reform?
A critical review of the rights of married women in real estate
Child welfare and the role of local authorities
To study the legal and social foundations of parenting, civil partnership, and marriage.
To examine whether the Child Support Act has positively influenced child maintenance?

“Complete this short online form and provide as much information as possible to receive instant quotes from our writers specialising in your area of research.”

Employment Law Dissertation Topics

Employment and equality law governs the relationship between the government, trade unions, employers, and employees. Employment and equality law in the UK is a body of law that prevents bias and negative attitudes towards someone based on their ethnicity or race rather than work skills and experience. Some interesting dissertation topics in this area of law are below:

A critical investigation of the right to fair labor practices in the United Kingdom
To determine the job’s inherent requirements as a defence to unfair discrimination or a claim – A comparison between the United Kingdom and Canada.
The role of the South African Labour Relations Act in providing unhappy staff sufficient protection against unfair dismissals and discrimination at the workplace
To investigate the impact of HIV/AIDS on employees’ lives with a focus on unfair dismissal and discrimination.
To assess ethnic discrimination in the European Union: Derogations from the ban on discrimination – Sexual harassment – Equal pay for equal value work.
To study the international employment contract – Regulation, perception, and reality.
To identify and discuss challenges associated with equality at work.
A study of the legal aspects of the relationship between employer and employee
How influential is the role of trade unions in English employment law?
A critical review of discrimination policies in the UK

Order a Proposal

Worried about your dissertation proposal? Not sure where to start?

Choose any deadline
Plagiarism free
Unlimited free amendments
Free anti-plagiarism report
Completed to match exact requirements

Commercial Law Dissertation Topics

Commercial law, also known as business law, is the whole body of substantive jurisprudence applicable to the conduct, relations, and rights of sales, trade, merchandising, and businesses and persons associated with commerce. Important issues of law covered by commercial law include real estate, secured transactions, credit transactions, bankruptcy, banking, and contracts. An intriguing area of law within the UK, specific topics for your law dissertation are listed below:

The impact of legislation for the regulation of investments services with EU economic area on the EU financial services market
Handling regulatory involvement incorporates organisational structure and strategy.
A study of convergence and complementarities concerning international corporate governance
How drafting and diffusion of uniform norms can help to harmonise the law of international commercial arbitration?
Convergence and adaption in corporate governance to transnational standards in India
A critical review of the international commercial arbitration system
Analysing the international commercial law on risk transfer
The role of the tripartite financial system in the UK on economic development
A comparative analysis of European contract law, international commercial contracts law, and English commercial contracts law
Is the European contracts law meeting the needs of the commercial community?
A critical review of anti-corruption legislation in the UK
The problems of director accountability in the UK and the impact of soft and hard law on corporate governance

Criminal and Evidence Law Dissertation Topics

Criminal law can be defined as a system of law dealing with the punishment of criminals. Criminal evidence, on the other hand, concerns evidence/testimony presented in relation to criminal charges. Evidence can be presented in various forms in order to prove and establish crimes. A wide array of topics can be covered in this subject area. To help you narrow down your research focus, some interesting topics are suggested below:

The politics of criminal law reform with a focus on lower-court decision making
To understand and establish the historical relationship between human rights and Islamic criminal law
Investigating the rights of victims in internal criminal courts
The efficacy of the law of rape in order to prevent misuse by bogus victims and to protect rightful victims
To assess the criminal law’s approach to Omissions
To investigate the issues associated with the identification of the distribution, extent, and nature of the crime
A critical review of the Bad Samaritan laws and the law of omissions liability
How international criminal law has been significant influenced by the “war on terrors”?
The efficacy of modern approaches to the definition of intention in International criminal law
The efficacy of the law of corporate manslaughter

Company Law Dissertation Topics

Company law, also known as the law of business associations , is the body of law that deals with business organisations and their formation, registration, incorporation, governance, dissolution, and administration. Some suggestions for company law dissertation topics are listed below:

Developing equity markets in growing economies and the importance of corporate law
A critical review of English company law and its effects on member workers and creditors
To investigate the essential aspects of corporate law.
To study business responsibilities for human rights.
Identifying disparities in corporate governance – Theories and Realities
The external relations of company groups in Zambian Corporate law
To study corporate governance practices concerning the minority stakeholders.
Establishing and evaluating arguments for and against “stakeholder theory.”
The importance of non-executive directors in the British corporate legal system
Investigating the regulation of the UK public company

Hire an Expert Writer

Orders completed by our expert writers are

Formally drafted in academic style
Free Amendments and 100% Plagiarism Free – or your money back!
100% Confidential and Timely Delivery!
Appreciated by thousands of clients. Check client reviews

Intellectual Property and Tort Law Dissertation topics

All forms of legal injury are dealt with under the subject area of tort law. Essentially, tort law helps to establish the circumstances whereby a person may be held responsible for another person’s injury caused by either accident on intentional acts. On the other hand, intellectual property covers areas of law such as copyright, patents, and trademark. Trademark dissertation topics trademarks directive, trademarks act, infringement of trademarks such as revocation, invalidity, and the use of similar marks. Some interesting dissertation ideas and topics of tort law and intellectual property are suggested below to help your law studies.

The efficacy of intellectual property rights in the UK under influence of European Law
The efficacy of UK copyright law concerning the needs of rights users and holders
The impact of intellectual property right on economic development
To investigate the right of confidence in the UK
Does the trademark law ensure sufficient protection in England?
The impact of European Law on intellectual property rights in the UK
The end of the road for loss of a chance?
To assess the success ratio of psychiatric injury claims in the UK
Should a no-fault system be implemented into UK law or should the law of negligence apply to personal injury claims?
A critical review of economic loss in 21 st century tort law

Human Rights and Immigration Law

The primary objective of human rights and immigration law is to ensure and protect human rights at domestic, regional, and international levels. With the world becoming a global village, human rights and immigration laws have attracted significant attention from academicians and policymakers. Some interesting law dissertation topics in this subject area are suggested below:

To assess the efficacy of the common European Asylum system in terms of immigration detention.
A historical analysis of Britain’s immigration and asylum policies
A critical analysis of immigration policy in Britain since 1990
A critical analysis of the right of the police and the public right to protest under PACE 1984
The right of prisoners to vote under the European law of human rights
Arguments for and against the death penalty in English Law with a focus on human rights treatise
A critical analysis of the right to private life and family for failed asylum seekers
The impact of UK immigration policies on the current education industry
How beneficial the points system has really been in regards to create a cap in the British immigration system
To study the impact of privatisation on immigration detention and related functions in the UK.

More Human Rights Law Dissertation Topics

Pandemic Law Dissertation Topics

Coronavirus, also known as the Covid-19, has become the most trending topic in the world since the outbreak of the Covid-19 pandemic that started in China. Here are some interesting Corona Virus or Covid 19 Pandemic Law topics that you can consider for your law dissertation.

Co-parenting in the coronavirus pandemic: A family law scholar’s advice
How San Diego law enforcement operated amid Coronavirus pandemic
Pandemic preparedness in the workplace and the British with disabilities act
Why In a pandemic, rumors of martial Law fly despite reassurances
Investigating About the ADA, the Rehabilitation Act, and COVID-19
Resources to support workers in the UK during the Coronavirus pandemic
Coronavirus (COVID-19) Pandemic:
A legal perspective
Navigating the Coronavirus Pandemic
Coronavirus Pandemic (COVID-19) and employment laws in the UK going forward
Coronavirus Pandemic (COVID-19) and employment laws in the US going forward
Coronavirus Pandemic (COVID-19) and employment laws in Australia going forward

Hire an Expert Plagiriasm Checker

Uk’s best academic support services. how would you know until you try, important notes:.

As a law dissertation student looking to get good grades, it is essential to develop new ideas and experiment with existing law dissertation theories – i.e., to add value and interest in the topic of your research.

The field of law dissertation is vast and interrelated to many other academic disciplines like civil engineering , construction , project management , engineering management , healthcare , mental health , artificial intelligence , tourism , physiotherapy , sociology , management , project management , and nursing . That is why it is imperative to create a project management dissertation topic that is articular, sound, and actually solves a practical problem that may be rampant in the field.

We can’t stress how important it is to develop a logical research topic based on your fundamental research. There are several significant downfalls to getting your case wrong; your supervisor may not be interested in working on it, the topic has no academic creditability, the research may not make logical sense, and there is a possibility that the study is not viable.

This impacts your time and efforts in writing your dissertation as you may end up in the cycle of rejection at the initial stage of the dissertation. That is why we recommend reviewing existing research to develop a topic, taking advice from your supervisor, and even asking for help in this particular stage of your dissertation.

While developing a research topic, keeping our advice in mind will allow you to pick one of the best law dissertation topics that fulfill your requirement of writing a research paper and add to the body of knowledge.

Therefore, it is recommended that when finalising your dissertation topic, you read recently published literature to identify gaps in the research that you may help fill.

Remember- dissertation topics need to be unique, solve an identified problem, be logical, and be practically implemented. Please look at some of our sample law dissertation topics to get an idea for your dissertation.

How to Structure your Law Dissertation

A well-structured dissertation can help students to achieve a high overall academic grade.

A Title Page
Acknowledgements
Declaration
Abstract: A summary of the research completed
Table of Contents
Introduction : This chapter includes project rationale, research background, key research aims and objectives, and the research problems. An outline of the structure of a dissertation can also be added to this chapter.
Literature Review : This chapter presents relevant theories and frameworks by analysing published and unpublished literature available on the chosen research topic to address research questions . The purpose is to highlight and discuss the selected research area’s relative weaknesses and strengths while identifying any research gaps. Break down the topic, and binding terms can positively impact your dissertation and your tutor.
Methodology : The data collection and analysis methods and techniques employed by the researcher are presented in the Methodology chapter which usually includes research design , research philosophy, research limitations, code of conduct, ethical consideration, data collection methods and data analysis strategy .
Findings and Analysis : Findings of the research are analysed in detail under the Findings and Analysis chapter. All key findings/results are outlined in this chapter without interpreting the data or drawing any conclusions. It can be useful to include graphs, charts and tables in this chapter to identify meaningful trends and relationships.
Discussion and Conclusion : The researcher presents his interpretation of the results in this chapter, and states whether the research hypothesis has been verified or not. An essential aspect of this section is establishing the link between the products and evidence from the literature. Recommendations with regards to implications of the findings and directions for future may also be provided. Finally, a summary of the overall research, along with final judgments, opinions, and comments, must be included in the form of suggestions for improvement.
References : Make sure to complete this by your University’s requirements
Bibliography
Appendices : Any additional information, diagrams, and graphs used to complete the dissertation but not part of the dissertation should be included in the Appendices chapter. Essentially, the purpose is to expand the information/data.

About ResearchProspect Ltd

ResearchProspect is the world’s most trusted academic writing service that provides help with Dissertation Proposal Writing , PhD Proposal Writing , Dissertation Writing , Dissertation Editing, and Improvement .

Our team of writers is highly qualified. They are experts in their respective fields. They have been working for us for a long time. Thus, they are well aware of the issues and the trends of the subject they specialise in.

Free Dissertation Topic

Phone Number

Academic Level Select Academic Level Undergraduate Graduate PHD

Academic Subject

Area of Research

Frequently Asked Questions

How to find law dissertation topics.

To find law dissertation topics:

Research recent legal developments.
Explore unresolved issues or debates.
Analyze gaps in existing literature.
Consider societal or technological influences.
Consult professors and peers.
Select a topic aligning with your passion and career aspirations.

Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

Ask a librarian:

Reference Hours:

Monday - Friday: 9am-5pm

(812) 855-2938

Q&A Form

About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day. Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic.

Log into Lexis Advance, click the Browse Topics tab, and select a topic. If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list.

Once you click on a topic, a box pops up with several options. If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more. The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note. Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab. This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic. This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field. Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics. To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

Statement of research objectives
Reasons for the research methodology used
Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
Discussion of the limitations
Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles.

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
Last Updated: Oct 24, 2019 11:00 AM
URL: https://law.indiana.libguides.com/dissertationguide

How to Write a First Class Law Dissertation – Complete Guide

November 18, 2010

“Protection of the Right to a Fair Trial and Civil Jurisdiction: Permitting Delay, Restricting Access and Recognising Incompatible Judgments”.

Below is my honours law dissertation together with tips and a very special video from an ex-Cambridge professor at the end. Enjoy!

And if you have any legal blog posts you’d like to share (whether after you have submitted your dissertation or before), please get in touch – our goal is to help share great legal information online to improve legal understanding and access to justice around the world.

And see also our lists of The Best Law Schools in the World and Top 10 Law Schools in the UK that aspiring law students may find of interest.

How to write a first class legal dissertation: Content and Structure

Three tips can be suggested to get you started on the right foot:

First, research the subject in which you are most interested in writing about for your dissertation, then choose a sufficiently narrow angle to approach the subject or choose something that hasn’t been discussed much before.

Second, collect, or print out or photocopy all relevant materials which discuss that narrow subject.

Third, plan rough headings for sub-topics within the main subject. While the contents below were finalised towards the end of the writing process, the rough structure was formulated at an early point in the writing process. This is how many academics write their books: they provide themselves with lots of headings and subheadings, then chip away at the work, bit by bit until complete.

Examples contents for “Protection of the Right to a Fair Trial and Civil Jurisdiction: Permitting Delay, Restricting Access and Recognising Incompatible Judgments” are as follows:-

1. INTRODUCTION

2. ARTICLE 6: THE RIGHT TO A FAIR TRIAL

2.1. Substantive Elements 2.2. Procedural Operation: Direct and Indirect Effect 2.3. The Human Rights Act 1998

3. REASONABLE TIME

3.1. Introduction 3.2. Framework under Article 6 3.3. Conflict with Lis Pendens: Erich Gasser 3.3.1. Delay in the Italian Court 3.3.2. A Clash of Treaties 3.3.3. Future Application 3.4. Conflict with Forum non Conveniens 3.4.1. General Operation 3.4.2. First Limb of Spiliada 3.4.3. Second Limb of Spiliada 3.5. Conclusions

4. ACCESS TO A COURT

4.1. Operation in Article 6 4.2. Anti-Suit Injunctions 4.3. Exclusive Jurisdiction Agreements and Waiving Convention Rights 4.4. Limitations on Jurisdiction 4.5. Conflict with Forum non Conveniens 4.6. Owusu v Jackson 4.7. Conclusions

5. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

5.1. Recognition of Contracting State Judgments 5.2. Recognition of Non-Contracting State Judgments 5.2.1. European Court of Human Rights 5.2.2. House of Lords 5.4. Conclusions

6. CONCLUSIONS

7. BIBILIOGRAPHY

7.1. Table of Cases 7.2. Table of Legislation 7.3. Table of Conventions 7.4. Textbooks 7.5. Articles

Writing your introduction

Together with the conclusion, the introduction is one of the most significant pieces of a dissertation that you have to get right. A well-written introduction can make all the difference between a first class and an upper second.

If you take just one thing away from this series of posts, it is this. You can develop a better stream of communication with your reader, forming a better relationship, if you tell them what you are going to say (introduction), say it (main body), then tell them what you have said (conclusion).

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”. Be more indirect. Suggest, for instance, that there are problems with the law that need to be resolved.

1. INTRODUCTION Long since inevitable initial encounters, human rights concerns, particularly regarding the right to a fair trial under Article 6 of the European Convention of Human Rights (ECHR), have been accelerating in today’s civil jurisdiction and judgments arena in the United Kingdom, a notable consequence of the passing of the Human Rights Act (HRA) 1998. More than six years from the Act’s coming into force, it is now imperative to reach conclusions which reflect the “importance attaching in today’s world and in current international thinking and jurisprudence to the recognition and effective enforcement of individual human rights,” as Mance LJ (as he then was) has noted. 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. Methods of protecting the right to a fair trial and thus of avoiding a breach of Article 6 are irrelevant to the European Court of Human Rights (ECtHR); the Court is not concerned with reviewing under the Convention in abstracto the law complained of, but rather the application of that law. There is therefore a large amount of discretion afforded to the courts regarding techniques to avoid infringement of the Convention. 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. However, the extent to which these have been used in practice, both by the UK courts and the ECJ, has been limited, a result of various factors, the most striking of which being the wrongful application of the ECHR and even the conscious decision to ignore it. Before analysing specific fair trial concerns in detail, it is necessary to examine the general structure and operation of Article 6 as it applies to civil jurisdiction and judgments.

Chapter 1: Setting the scene

Depending on the nature of your dissertation, you may need to set the scene further. In a legal dissertation, by “scene” is meant the bits of law that are relevant to set up key arguments in the main body of the dissertation. With this example dissertation, the target readership was, for various reasons, international private law experts. Because human rights law was a key part of the debate, the relevant law had to be set out in such detail that the chapters following it could discuss, for instance, the right to a fair trial and the doctrines of direct and indirect effect without any need for constant repetitive explanation.

2. ARTICLE 6: THE RIGHT TO A FAIR TRIAL 2.1. Substantive Elements Article 6(1) ECHR provides inter alia that “[i]n the determination of his civil rights and obligations…everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law….” The ECtHR has reverberated that “the right to a fair administration of justice holds such a prominent place” that Article 6 should not be interpreted restrictively. Instead, the seemingly distinct provisions of Article 6 are not discrete, but are “rights which are distinct but stem from the same basic idea and which, taken together, make up a single right not specifically defined in the narrower sense of the term.” This single right is the title of Article 6: the “right to a fair trial.” This right comprises two particularly significant elements important in the context of civil jurisdiction and judgments. First, the right to a trial within a reasonable time. Expressly stated in Article 6(1), this right may be pertinent where proceedings are stayed in favour of a foreign court. Second, access to a court, an inherent element of Article 6(1). This may have relevance where access is denied to the UK courts through, for example, staying proceedings, or restraining foreign proceedings. 2.2 Procedural Operation: Direct and Indirect Effect Article 6 can operate through a number of mechanisms in the civil jurisdiction and judgments context, which must be distinguished for analytical purposes. First, through direct effect, where there is direct protection of a party’s right to a fair trial in the domestic courts themselves. Such protection is strong and somewhat easier to obtain because there is no test for the seriousness of the breach. Such infringement may occur through a refusal of access to the UK courts, which refusal may emanate from, inter alia, an exclusion of jurisdiction or stay of proceedings. 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. 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. 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. In presenting an argument for the creation of such risk, it is axiomatic that a strong compilation of evidence is essential, with reference to the circumstances of both the case and proceedings of the court in question. The difficulty with such an argument in the civil jurisdiction sphere is that stays of proceedings concern transfers of actions abroad, not persons. 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. Nevertheless, no authority exists for this argument and indeed the indirect effect doctrine itself has not been successfully relied upon in an Article 6 context before the (former) Commission or ECtHR. Third, through indirect effect where enforcement in a Contracting State of a judgment from a foreign State, whether Contracting or non-Contracting, would breach Article 6 because that judgment itself breached Article 6 standards. It has been stated that such a breach by the foreign court must also be a flagrant one. However, the reasoning underlying this proposition is unclear and, as with many matters in the civil jurisdiction and judgments sphere, there are concerns as to the extent to which the right to a fair trial can be upheld in this respect. 2.3 The Human Rights Act 1998 The Convention rights, including Article 6, now have the force of law in the United Kingdom under the HRA 1998. The Act places two initial express duties on the UK courts: first, the duty to read and give effect to primary and subordinate legislation in a way compatible with the Convention rights, if possible; second, the duty to take into account inter alia any previous judgment of the ECtHR in determining proceedings which have a Convention right element, insofar as it has relevance to those proceedings. 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. This is a significant duty on the courts, which indeed sparked considerable academic debate as to the Act’s impact on private commercial disputes. Thus, the courts have a duty to interpret and apply the common law or any exercise of discretion compatibly with the right to a fair trial under Article 6. 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. Notwithstanding this rather stringent theoretical framework for the courts upholding the right to a fair trial, there has been a lack of consistency in its practical impact in the field of civil jurisdiction and judgments. Endnotes *Converting c300 footnotes on a Microsoft Word document to a WordPress post is not feasible for this blawgger. They are, therefore, pasted below as endnotes. The full dissertation is available in the Juridical Review, vol 1 of 2008 pp15-31 Delcourt v Belgium (1979-80) 1 EHRR 355, at [25]; indeed, the principles of due process and the rule of law are fundamental to the protection of human rights (Clayton and Tomlinson: 2000, p550,) just as a fair trial is a fundamental element of the rule of law (Ovey and White: 2002, p139.) Golder v. United Kingdom [1975] ECHR 1, at [28]. Ibid., at [36]. Such cases can be labelled “domestic” ones: Government of the United States of America v Montgomery (No 2) [2004] UKHL 37, at [15], per Lord Bingham. R (Razgar) v Special Adjudicator [2004] AC 368, at [42]. Soering v United Kingdom (1989) 11 EHRR 439. Ibid., at [113]; this test has been followed subsequently: e.g. Einhorn v France (no.71555/01, 16 October 2001) at [32], Tomic v United Kingdom (no.17837/03, 14 October 2003) at [3]. Fawcett; 2007, p4. Ibid. Montgomery (n12); Drozd and Janousek v France and Spain (1992) 14 EHRR 745, p795; cf. Pellegrini v Italy [2001] ECHR 480. HRA 1998, s3(1). 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].” Ibid., s6(3)(a). Wade: 2000; Lester and Pannick: 2000. 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. HL Deb vol.583, p783 (24 November 1997); Grosz, Beatson and Duffy: 2000, para.4.56; cf.. Derbyshire CC v Times Newspapers Ltd [1992] QB 770. Grosz, Beatson and Duffy: 2000, para.4.59.

Main Body Part 1

Next follows the first main chunk discussing and debating the title of the dissertation. To maintain structure, even this sub-section of the dissertation has its own introduction, some degree of scene-setting with Art 6 in the particular context of the chapter, argument through various levels and conclusions.

3. REASONABLE TIME 3.1. Introduction 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. This importance is reflected in the express protection of the reasonable time requirement in Article 6. There have been recent challenges in the civil jurisdiction context on this ground, the most significant of which being raised in Erich Gasser GmbH v Misat Srl, concerning conflict with lis pendens. A further instance, the common law doctrine of forum non conveniens has been suggested to be so incompatible, which would therefore have implications for the doctrine in its now very limited common law habitat. 3.2. Framework under Article 6 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. It is generally accepted that the correct approach is to decide whether the overall delay is prima facie “unreasonable” for the type of proceedings concerned and thereafter consider whether the State is able to justify each period of delay. In assessing such justification, the limited guidelines indicate that all the circumstances will be considered, with particular regard to the complexity of the case and the conduct of the applicant and judicial authorities in addition to the behaviour of other parties to the case and what is at stake in the litigation for the applicant. Generally, where proceedings are stayed, there are three stages which must be distinguished for determining delay. First, the proceedings before the domestic court. Any unjustifiable delay at this point would amount to a direct breach of Article 6. Second, the transfer of proceedings to the foreign court. Delay at this stage would be less justifiable where, for instance, there was known to be a heavy backlog of cases. Notwithstanding, the “normal lapses of time stemming from the transfer of the cases” are not to be regarded as unjustified. Third, the proceedings before the foreign court. At the second and third stages, although any unreasonable delay by the foreign court will amount to a direct breach by that court, there could also be an indirect breach by the domestic court, but only to the extent that the party suffered, or risked suffering, a flagrant breach. Endnotes Committee of Ministers of the Council of Europe, Resolution DH (97) 336, 11 July 1997. Fabri and Langbroek: 2003, p3. C-116/02 [2005] QB 1. Opinion of AG Léger in Owusu v Jackson C-281/02 [2005] QB 801 at [270]. A sist by the Scottish courts through forum non conveniens can be made where jurisdiction is founded on Art.4 of the Judgments Regulation or Convention: Collins et al: 2006, para.12-023. Moreover, a sist can be made on the ground that the courts of England or Northern Ireland are the forum conveniens, because intra-UK jurisdiction can be so settled: Cumming v Scottish Daily Record and Sunday Mail Ltd, The Times, 8 June 1995; Collins: 1995. Scopelliti v Italy (1993) 17 EHRR 493, at [18]. Vocaturo v Italy [1991] ECHR 34. E.g. fewer than six years for a reparation action (Huseyin Erturk v Turkey [2005] ECHR 630.) Clayton and Tomlinson: 2000, p654; Harris, O’Boyle and Warbrick: 1995, p229. Eckle v Germany (1983) 5 EHRR 1, at [80]; an obvious consideration being delay in commencing proceedings. Buchholz v Germany [1981] ECHR 2, at [49]. Foti v Italy (1982) 5 EHRR 313, at [61]. Zimmermann and Steiner v Switzerland [1983] ECHR 9; Guincho v Portugal [1984] ECHR 9; cf. Buchholz (n36), at [61], where the backlog was not reasonably foreseeable; exceptional circumstances were taken into account in Foti (n37) as a result of troubles in Reggio Calabria, which impacted proceedings in the courts in Potenza, to which cases had been transferred. Foti (n37), at [61]. Soering (n14) at [113].

Having set the scene, it is time to delve straight into comment and opinion, drawing on relevant facts and law where required. Where possible, suggest ways in which events or decisions could have been improved and do not be afraid to say that commentators, judges or even powerful institutions, like the ECJ, got it wrong.

3.3. Conflict with Lis Pendens: Erich Gasser Erich Gasser v MISAT concerned the validity of a choice-of-court agreement in favour of the Austrian courts where one party had first seised the Italian courts by way of negative declaration. Second seised, the Austrian Court sought a reference from the ECJ on, inter alia, whether it must stay its proceedings under lis pendens where the proceedings in the court first seised generally take an unreasonably long time, such that there may be a breach of Article 6. Both the claimant and the intervening UK Government invoked the ECHR, arguing that Article 21 of the Brussels Convention should be interpreted in conformity with Article 6 ECHR to avoid excessively protracted proceedings, given that proceedings in Italy were likely to take an unreasonably long time. Through this interpretation, it was argued that Article 21 should not be applied if the court first seised had not determined its jurisdiction within a reasonable time. In a very short response, the ECJ effectively said that the ECHR did not apply because first, it is not expressly mentioned in the Brussels Convention and second, there is no room for it in a collection of mandatory rules underpinned by mutual trust between Contracting States. 3.3.1. Delay in the Italian Court However, it may be seen that the stay de facto risked at least a standard breach in the Italian court. The Italian courts have been held in breach of Article 6 a staggering number of times because of unreasonable slowness. The existence of these breaches amounted to a practice incompatible with the ECHR and produced the notoriety of the Italian legal system as “the land that time forgot.” Indeed, the practice of seising the Italian courts first by way of negative declaration has become known as instituting an “Italian torpedo,” which may succeed in delaying proceedings substantially even where the Italian courts have no jurisdiction. It has already been noted that evidence is crucial in determining a real risk of a breach of Article 6. Instead, in Gasser, human rights arguments were based upon a general breach of the reasonable time requirement in Italian courts. Moreover, no ECtHR case law was relied upon when so arguing, nor was mention made of previous breaches. Therefore, a very weak argument, if any, was laid before the ECJ in respect of a risk of a breach. 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. However, if the arguments had been more focussed, concentrating on the present case, with evidence to show the likelihood of breach in the Tribunale civile e penale di Roma, then the ECJ may have been more persuaded by Article 6 considerations, as Fawcett suggests. Notwithstanding previous delays, efforts have been made to reduce the backlog of cases. This is somewhat owing to Article 13 ECHR, which requires Contracting States to provide persons with an effective national remedy for breach of a Convention right. Such domestic remedies assist in reducing further breaches and ultimately reduce the need for the indirect effect doctrine. Thus, the Italian “Pinto Act” was passed, providing a domestic legal remedy for excessive length-of-proceedings cases. 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. 3.3.2. A Clash of Treaties Nevertheless, given that the ECJ so held that Article 6 considerations were irrelevant, there may be further legal implications, particularly for the Austrian Court which was required to stay its proceedings under the Brussels Convention. If this stay created or risked creating a flagrant breach of the reasonable time requirement in the Italian Court, Austria may itself have breached Article 6 indirectly. Such an indirect breach is clearly not justifiable on the ground that Austria is party to the Brussels Convention or Regulation made under the European Treaties. Hence, the judgment may lead to a clash between the ECHR and Brussels Convention or Regulation. This in turn raises the questions of how and to what extent the Brussels Convention or Regulation could have been interpreted to give effect to Article 6. Formerly Article 57 of the Brussels Convention, Article 71 of the Brussels Regulation provides inter alia that “(1) [t]his Regulation shall not affect any conventions to which the Member States are parties and which in relation to particular matters, govern jurisdiction or the recognition of judgments.” Although the ECHR is not prima facie a Convention governing jurisdiction, all Member States are party to it and Article 6 contains the inherent right of access to a court. 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. Therefore, in Gasser Article 71 may have been applied to allow Austria to act in accordance with its obligations under the ECHR. 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. Further, this conclusion is even more realistic in light of the jurisprudence of the ECJ, which is peppered with notions of protection for fundamental rights, and the express protection of these rights in Article 6(2) EC. Instead of even contemplating such an outcome, the ECJ showed that it was prepared to ignore a significant international convention. Perhaps, in addition to mutual trust between Contracting States, mutual recognition of international conventions should have been considered, especially due to the express provisions permitting such consideration. Endnotes Those having a duration of over three years: Gasser (n28), at [59]. At [71]-[73]. See Ferrari v Italy [1999] ECHR 64, at [21]. Ferrari (n46), at [21]; Article 6 imposes on the Contracting States the duty to organise their judicial systems in such a way that their courts can meet the requirements of the provision (Salesi v Italy [1993] ECHR 14, at [24].) Briggs and Rees: 2005, Preface to the Fourth Edition, p.v. Messier-Dowty v Sabena [2000] 1 WLR 2040. Franzosi: 1997, p384. Transporti Castelletti v Hugo Trumpy, C-159/97, [1999] ECR I-1597. Supra p4. Opinion of A.G. Léger in Gasser, at [88]. When Gasser came before the ECJ, there was already a delay in Italian proceedings of 3½ years in determining jurisdiction. Fawcett: 2007, p15. Kudla v Poland [2000] ECHR 512. Fawcett: 2007, p4. Law no.89 of 24 March 2001. However, even this has breached Article 6(1): Riccardo Pizzati v Italy [2006] ECHR 275, at [66]; Mance suggests that the Act only partially solved if not repatriated the ECtHR’s overwhelming number of claims in this respect (Mance: 2004b, p357.) 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].) 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.) Soering (n14), at [113]. Matthews v United Kingdom [1999] ECHR 12. Hartley: 2005b, p821 n35; the most important example of a conflict of treaties: Hartley: 2001, p26. Briggs and Rees: 2005, para.2.38. An approach recognised by both Mance (Mance: 2004a, paras.6-7) and Hartley (Hartley: 2005a, p383.) ERT v DEP C-260/89 [1991] ECR I-2925, at [41]; “Bosphorus Airways” v Ireland (2006) 42 EHRR 1,at [73]; particularly for Article 6: Philip Morris International Inc v Commission of the European Communities [2003] ECR II-1, at [121].

Tip: Suggest Improvements for the Future

It may be that, in the course of the research for your dissertation, you discover previous decisions and actions that may happen again in the future. You may want to suggest that there is such a risk in the future and that there are ways in which that risk can be guarded against. You may also want to state challenges with implementing such safeguards. For instance, in the below section, there is comment that the ECJ is, sometimes, so myopic that its stance won’t budge.

3.3.3. Future Application The ECtHR has held that a failure by a national court to make a preliminary reference to the ECJ could be a breach of Article 6 ECHR in certain circumstances. Thus, it is arguable that where similar facts to Gasser arise again, the domestic court may have to make a reference to the ECJ, and in doing so, show cogent evidence of the risk of a flagrant breach, unlike that presented to the ECJ in Gasser. 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. Notwithstanding, given the ECJ’s swift dismissal of human rights concerns in Gasser in favour of the inflexible system of lis pendens, it appears unlikely that it would permit exception in the future. For the ECJ legal certainty under the Brussels regime is clearly more significant than legal certainty either through party autonomy under jurisdiction agreements or through the right to a fair hearing within a reasonable time. As Merrett notes, “[t]he ECJ simply does not see questions of jurisdiction as being concerned with private rights at all,” a stance which will need to change, particularly in light of the pressing atmosphere of today’s human rights culture. Endnotes Soc Divagsa v Spain (1993) 74 DR 274. Legal certainty is perhaps more significant under the Brussels Regulation, particularly illustrated by the addition of Article 30. Cf. A.G. Léger in Gasser, at [70]. Merrett: 2006, p332. Hartley notes that this is perhaps not surprising given that the ECJ is more concerned with public law, and as such, should be expected to give more weight to State interests, rather than the interests of private parties (Hartley: 2005b, pp814-815.)

Take a proposition that has never been discussed and debate it

Another thing that truly separates a first class dissertation from a second class one is discussion of ideas and issues that have never before been discussed. The following is an example of such a proposition and discussion, all of which stemmed from one footnote in an academic article that said a certain proposition “had never been discussed before in the courts of the UK”. Finding this loophole was essential to the dissertation’s success.

3.4. Conflict with Forum non Conveniens An export of Scots law, forum non conveniens was accepted into English law in Spiliada Maritime Corporation v Cansulex Ltd, becoming indistinguishable from Scots law. Under the Spiliada test, there are two stages: first, the defendant must show that there is some other available forum which is clearly more appropriate for the trial of the action, upon which a stay will ordinarily be granted; second, upon the first stage being satisfied, it is for the claimant to show, through cogent evidence, that justice requires that a stay should not be granted. Advocate General Léger has suggested explicitly that the forum non conveniens doctrine, as operating under this Spiliada test, may be incompatible with Article 6, given that the steps involved for the claimant in its application “have a cost and are likely considerably to prolong the time spent in the conduct of proceedings before the claimant finally has his case heard.” Although the UK courts have never discussed this proposition, there is a potential that forum non conveniens is indeed incompatible with the reasonable time requirement in Article 6. 3.4.1. General Operation 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. In this respect alone, the time and cost involved may be justified. 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. Application for a stay is usually, and perhaps ought to be, made early. Procedural time-limits are set for such an application, despite the court retaining its discretionary power to stay proceedings. Notwithstanding, the longer an application is left, the greater the threat of the proceedings not being aborted as a matter of judicial reluctance. 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. This can be contrasted with the American experience of the doctrine, where forum non conveniens can produce forum battles that can last for years, such that the doctrine may even be labelled a “delaying tactic.” 3.4.2. First Limb of Spiliada As noted, there are various circumstances which can justify delay under Article 6. In assessing the complexity of a case, consideration is given to the number of witnesses , the need for obtaining expert evidence and the later intervention of other parties. It can be seen that these factors mirror the appropriateness factors considered under the first limb of the Spiliada test. 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. Moreover, in Spiliada, similar litigation had already taken place over another vessel, the Cambridgeshire, such that the proceedings would be more appropriate in England. Termed the “Cambridgeshire factor,” it is persuasive where advantages of “efficiency, expedition and economy” would flow naturally from the specialist knowledge gained by the lawyers, experts and judges in the related proceedings. However, successful use of this factor has been extremely rare. Although conveniens means “appropriate”, not “convenient”, considerations of convenience and expense are still relevant. Thus, in both The Lakhta and The Polessk , a stay was granted because the dispute could be resolved more appropriately in the Russian Court at far less expense and far greater convenience for those involved, in light of, inter alia, the availability of witnesses and other evidence. Further, speed of a trial itself may be decisive in balancing appropriateness factors. For example, in Irish Shipping Ltd v Commercial Union, although the courts of both England and Belgium were appropriate, the dispute could be resolved more quickly in the English court given the more complex position of the plaintiff’s title to sue under the governing law in Belgium; therefore a stay of the English proceedings was refused. Moreover, the availability of an early trial date is material in determining the most appropriate forum ; indeed, “speedy justice is usually better justice.” It can therefore be seen that the factors considered in the first limb of the Spiliada test reflect the justifications for delay under the reasonable time requirement of Article 6(1) and indeed consideration of these factors may result in an overall speedier trial. Hence, determining whether or not to apply the forum non conveniens doctrine is more than justifiable. Further, it is worth considering whether delay by the foreign court itself can be avoided. Endnotes Sim v Robinow (1892) 19 R 665. [1987] AC 460. Crawford and Carruthers: 2006, pp157-158. Spiliada (n13), pp474-477. Opinion of A.G. Léger in Owusu (n29), at [270]. Hare perceives that paragraph 42 of Owusu is “strangely reminiscent” of A.G. Léger’s suggestions: Hare: 2006, p172 n.96. Fawcett; 2007, p9. Slater: 1988, p554; Robertson: 1987, p414; Zhenjie: 2001, p157. Cf. Spiliada (n72), p464 per Lord Templeman. Crawford and Carruthers: 2006, p157. Bell: 2002, paras.2.40-2.42, 2.58. Svantesson: 2005, pp411-412. Briggs and Rees: 2002, p220. Despite potential for re-application: Owens Bank Ltd v Bracco [1992] 2 AC 433, p474. E.g. in England, CPR Part 11. Ibid., r.3.1(2)(f). Briggs and Rees: 2005, pp324-325. Spiliada (n72), p465. E.g. Lacey v Cessna Aircraft (1991) 932 F.2d 170. Green: 1956, p494. Supra p8. Andreucci v Italy [1992] ECHR 8. Wemhoff v Germany (1968) 1 EHRR 55. Manieri v Italy [1992] ECHR 26. [2000] 1 WLR 1545. [2000] 2 Lloyd’s Rep. 383, p391; however, a stay was not granted because substantial justice could and would not be done in the South African forum under the second limb of Spiliada, see infra p25. Spiliada (n72), p469. Ibid., p486. Collins et al: 2006, para.12-030 n.34. The Atlantic Star [1974] AC 436, p475; Spiliada (n72), pp474-475. Hill: 2005, para.9.2.23; wastage of cost is an important consideration in granting a stay, whether under forum non conveniens or not (Carel Johannes Steven Bentinck v Lisa Bentinck [2007] EWCA Civ 175.) [1992] 2 Lloyd’s Rep 269. [1996] 2 Lloyd’s Rep 40. [1991] 2 QB 206. Ibid., p246. Xn Corporation Ltd v Point of Sale Ltd [2001] I.L.Pr. 35. Ibid., at [14]

Develop that new debate and get creative

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. Once writing to fill that gap, it may be helpful to ask yourself what other angles there are to the debate. Or think about if the matter went to an official debate or, for law dissertations, to court. Think about creative arguments that an advocate might run and try to develop them yourself. Such development can lead to your getting a first rather than a 2:1.

3.4.3. Second Limb of Spiliada Delay in the foreign forum is a fundamental consideration when determining the interests of justice at the second limb of the Spiliada test and may even be decisive if the anticipated delay is excessive. An example pertinent to justification under Article 6(1) is The Jalakrishna, where a delay of five years was anticipated if the case was tried in India, such that the claimant would be prejudiced given his need for financial assistance in light of his critical injuries in an accident. Thus, a stay was not granted, showing respect for both a potential delay itself and what was at stake for the claimant. Notwithstanding, such cases are rare. For example, in Konamaneni v Rolls-Royce Industrial Power (India) Ltd, Collins J (as he then was) recognised that the Indian legal system had made attempts to reduce its backlog of cases, such that in the absence of sufficient evidence of an anticipated delay, it would indeed be a “substantial breach of comity to stigmatise the Indian legal system in that way,” somewhat reflecting the principle that the claimant must “take [the appropriate] forum as he finds it.” 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. As Lord Diplock stated in The Abidin Daver, “judicial chauvinism has been replaced by judicial comity.” However, the interests of States cannot always be reconciled with private party rights. When considering whether to stay proceedings, in light of Article 6, the interests of States should yield to the interests of private parties. Thus, if evidence is sufficient to show a real risk of a flagrant breach in the foreign forum, as was not presented in Gasser, a stay should not be permitted. Again mirroring reasonable time justifications under Article 6, additional considerations of what is at stake in the litigation may arise and authorities may have to exercise exceptional diligence in the conduct of certain cases. An ECtHR case, X v France shows that where a person sought compensation following infection with the AIDS virus, what was at stake was of crucial importance in determining the reasonableness of the length of proceedings. What is at stake will be relevant and probably decisive following a stay of proceedings under forum non conveniens, as The Jalakrishna shows. Notably, in Owusu v Jackson, where forum non conveniens was not permitted, what was at stake for Owusu was significant as he was rendered tetraplegic through his accident. It can therefore be seen that forum non conveniens takes a pragmatic approach to preventing foreseeable unreasonable delays under the second limb of Spiliada. Not only does this further justify operation of the doctrine under Article 6(1) through direct effect, it also greatly restricts, if not eliminates, the possibility of an indirect breach by the domestic court, given that the risk of a flagrant breach of the right to a fair trial is a fundamental factor of the interests of justice. 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. Fawcett concedes that the same result will be achieved in most cases, yet suggests that there may be borderline cases where this solution would work better and human rights concerns will have been taken more seriously. 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. Moreover, in the cases of potential flagrant breaches, the interests of justice principle has been shown to be flexible enough to prevent stays which may breach Article 6 indirectly, regardless of the classification of the delay as a breach of human rights or otherwise. In this respect, it is arguable that the international private law case law could be adequately relied upon. Nevertheless, initial consideration of ECtHR jurisprudence may have more importance than in providing a mere procedurally attractive measure; it may guide and influence those who fail to see the pressing importance of human rights today and will at least effect compliance with the Section 2 of the HRA 1998 which demands that such jurisprudence be considered wherever Convention rights are in issue. Endnotes The Vishva Ajay [1989] 2 Lloyd’s Rep 558, p560; Chellaram v Chellaram [1985] 1 Ch 409, pp435-436; cf. The Nile Rhapsody [1992] 2 Lloyd’s Rep 399,pp413-414, where Hirst J gave “minimal weight to the delay factor” upon direction by the appellate courts. [1983] 2 Lloyd’s Rep. 628. Hill: 2005, para.9.2.38. [2002] 1 WLR 1269. Ibid., at [177]. Connelly v RTZ Corpn plc [1998] AC 854, p872. [1984] AC 398. Ibid., p411. A and others v Denmark [1996] ECHR 2, at [78]. [1992] ECHR 45. [1983] 2 Lloyd’s Rep.628. (n29). Notwithstanding, the ECJ’s taking 2¾ years to produce its judgment did not go towards acknowledging the express request by the English Court of Appeal to provide reasonably quick compensation. 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].) Fawcett: 2007, pp36-37. Such that length-of-proceedings cases (see supra pp.7-8) should be consulted in the context of unreasonable delay. (n14).

Put your foot in the icy water: Don’t be afraid to come to powerful conclusions

A dissertation that is written with balanced conclusions is a boring one. Reasoned opinion is important. Nothing would get done in this world if we said “X is right, but Y is equally right, so let’s just leave things the way they are”. Sitting on the fence may well get you a good upper second class award but there is little chance of it getting you a first. A certain English teacher, Sandra MacCallum, at Kyle Academy once taught that, sometimes, “you’ve got to put your foot into the icy water”. Don’t be afraid to come to powerful conclusions. Hopefully the below example, with a reasonable, opinionated attack on the ECJ’s lack of respect for the common law principles of the Scottish export doctrine forum non conveniens, illustrates the significance of this suggestion.

3.5. Conclusions It is perplexing that in Owusu Advocate General Léger, and perhaps indirectly the ECJ, suggested that applying forum non conveniens may be incompatible with the “reasonable time” requirement of the right to a fair trial under Article 6(1), whereas analysis of its proper operation shows that it is compatible and may even be a useful tool in providing faster and more economic litigation. Although it is at least somewhat refreshing to see ECHR arguments being acknowledged in an international private law context without encouragement, it is nevertheless peculiar that Article 6 concerns have been identified in relation to forum non conveniens, “one of the most civilised of legal principles” as Lord Goff of Chieveley put it, when the ECJ did not properly apply or even consider Article 6 in Gasser, where the need for its recognition was much more significant. 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.

A fresh perspective

Separating a dissertation into manageable chunks from the initial stages of structural planning gives you freedom to start afresh to write about a different but related topic once concluding another section. Access to a court, for instance, is a separate right from the right for a trial to be heard and decided within a reasonable time. It, thus, merits a separate chapter with its own introduction, subsections and conclusions.

4. ACCESS TO A COURT 4.1. Operation in Article 6 The fair, public and expeditious characteristics of judicial proceedings expressed in Article 6 would be of no value at all if there were no judicial proceedings. Thus, referring to the rule of law and avoidance of arbitrary power, principles which underlie much of the ECHR, the ECtHR has held that the right of access to a court is an element inherent in Article 6(1). Although this right is not absolute, any limitation must not restrict access to such an extent that the very essence of the right is impaired, provided that a legitimate aim is pursued with proportionality between the limitation and that aim. The potential for this right to arise in the civil jurisdiction context is high, given the intrinsic nature of the operation of jurisdiction rules. 4.2. Anti-Suit Injunctions 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. 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. 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” . Moreover, “Article 6…does not deal at all with where the right to a [fair trial] is to be exercised by a litigant. The crucial point is that civil rights must be determined somewhere by a hearing and before a tribunal in accordance with the provisions of Article 6.” Therefore, a court granting an anti-suit injunction, in the very limited circumstances in which it can now do so, would not be in breach of Section 6 of the HRA 1988 where another available forum exists. Contrastingly, Article 6 challenges remain for the “single forum” cases, where there is only one forum of competent jurisdiction to determine the merits of the claim, despite the cases already being treated differently. In such a case, the exemplary approach of Aikens J would easily resolve such human rights issues. Ultimately, in a commercially welcome judgment, human rights arguments were made and received properly. Moreover, Aikens J “logically” dealt with the human rights points first. Hence the case is a working model for Fawcett’s hybrid approach where human rights should be considered first before international private law principles. Contrasting with stays producing concerns of unreasonable delays, in this context of access to a court there is more impetus to follow Fawcett’s model, particularly given that such denial of access can constitute a direct breach of Article 6, thus producing a more realistic threat of contravention of Section 6 of the HRA 1998. 4.3. Exclusive Jurisdiction Agreements and Waiving Convention Rights 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. Convention rights can, in general, be waived, including the right of access to a court under Article 6, which can occur where a jurisdiction agreement or agreement to arbitrate is valid and enforceable, but not where a person entered into the agreement without voluntary consensus. Generally, rights will be waived under a jurisdiction agreement meeting the requirements of Article 23 of the Brussels Regulation. 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. Notwithstanding, Article 6 will be upheld provided there is another available court. 4.4. Limitations on Jurisdiction It is axiomatic that limitations on jurisdiction may restrict access to a court. The ECtHR has held that limitation periods are generally compatible with Article 6, particularly for reasons of legal certainty, provided that they are not applied inflexibly. This compatibility should encompass a stay under forum non conveniens for a forum barred by limitation, which is granted only where the claimant was at fault by acting unreasonably in failing to commence proceedings in the foreign court within the applicable limitation period. Contrastingly, blanket limitations are a more difficult species. 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. This may conflict with Article 6 because of a denial of access to an English court. 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. Such proportionality concerns were considered in Jones v Ministry of the Interior of the Kingdom of Saudi Arabia. Following Al-Adsani v United Kingdom , a blanket limitation on jurisdiction was accepted because the grant of sovereign immunity, which restricted access to a court, pursued the legitimate aim of comity through compliance with international law and was proportionate. 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. Mark v Mark also illustrates such inflexibility and proportionality considerations. 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. This rule was therefore seen by Thorpe LJ to be incompatible with Article 6 and hence the HRA 1998. 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. 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. Such attention has been properly given on occasion, as demonstrated by both Mance and Thorpe LJJ. However, this approach is not consistently followed, shown by the dangerous approach of Baroness Hale. 4.5. Interaction with Forum non Conveniens In Lubbe v Cape Industries Plc, the defendant asked for a stay of proceedings. After identifying South Africa as the natural forum, the Court was faced with the argument that the stay would breach Article 6 because the complexity of the case and lack of funding were such that the claimant could not sue in that foreign court. 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. Thus, if the Lubbe approach was followed in the future and a stay was granted to a foreign court in which there was a risk of a flagrant breach, the court may indirectly breach Article 6 in addition to Sections 2 and 6 of the HRA 1998. Similar techniques to that employed by Lord Bingham have been used in other forum non conveniens cases. For example, in The Polessk, the extent to which evidence showed the right to a fair trial in the St. Petersberg Court was considered under the second limb of the Spiliada test. Moreover, as discussed, reasonable delay has been considered consistently, although somewhat effectively, within this second stage of Spiliada. As noted, these latter instances show a sufficient degree of reconciliation with at least the indirect effect of Article 6, regardless of the characterisation of the breach as one of Article 6 or otherwise, particularly because it is difficult to imagine “borderline” cases amounting to flagrant breaches of Article 6, as Fawcett suggests. This analysis can be applied equally to the facts of Lubbe where access to the foreign court clearly did not exist, such that a stay would unequivocally produce a flagrant breach. 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. Nevertheless, surely if the decision is a difficult one to make, then the breach cannot be flagrant and, as such, there cannot be an indirect breach of Article 6. However, as noted, a procedural shift in judicial reasoning will have undoubted procedural benefits, if at the very least it effects compliance with Section 2 of the HRA 1998. Endnotes Golder v. United Kingdom [1975] ECHR 1, at [35]. Ibid., at [34]-[35]. Ibid., at [36]; this includes the right to a determination of proceedings on the merits (Gorbachev v Russia, No. 3354/02, 15 February 2007.) Ibid., at [38]. Winterwerp v The Netherlands [1979] ECHR 4, at [60], [75]. Ashingdane v United Kingdom [1985] ECHR 8, at [57]. OT Africa Line Ltd v Hijazy (The Kribi) [2001] Lloyd’s Rep 76; now overruled on the specific point for decision (Turner v Grovit and Others [2005] AC 101). The Kribi (n131), at [42]. Ibid., at [42]. Following Turner v Grovit (n131), a court cannot grant an anti-suit injunction against a party who has commenced an action in a Brussels Convention State. British Airways v Laker Airways [1983] AC 58,at [80]. The Kribi, (n131),at [41]. Fawcett: 2007, pp36-37. Pfeiffer and Plankl v Austria (1992) 14 EHRR 692; cf. Loucaides: 2003, pp48-50. Deweer v Belgium (1979-80) 2 EHRR 439; indeed, this is a “natural consequence of [the parties’] right to regulate their mutual relations as they see fit.” (Axelsson v. Sweden, no.11960/86, 13 July 1990.) Malmstrom v Sweden (1983) 38 DR 18. Cf. under the common law (The Pioneer Container [1994] 2 AC 324); Briggs and Rees: 2005, p19. E.g. a person not party to a bill of lading bound by a jurisdiction agreement between shipper and carrier. Briggs and Rees: 2005, pp18-19. See generally Schiavetta: 2004, paras.4.2-4.21. Stubbings v United Kingdom [1996] ECHR 44, at [51]. Briggs and Rees: 2005, p20 n.101. Spiliada (n72), pp483-484. British South Africa Co v Companhia de Moçambique [1893] AC 602; for Scotland, Hewit’s Trs v Lawson (1891) 18 R 793. Briggs and Rees: 2005, para.4.06. [2006] UKHL 26. 34 EHRR 273. Cf. Markovic v Italy [2006] ECHR 1141, which held that although there was no blanket limitation on jurisdiction through sovereign immunity and that access to a court had been afforded, access was nevertheless limited in scope, such that the applicants could not receive a decision on the merits. [2005] QB 699. [2004] EWCA Civ 168, at [40]. [2006] AC 98. Fawcett: 2007, p34. [2000] 1 WLR 1545. (n72). Lubbe (n157), p1561. Further, no relevant decisions of the ECtHR were relied upon in the judgment e.g. Airey v Ireland [1979] ECHR 3 where representation costs were “very high” and the procedure was too complex and would evoke emotions too great for the applicant to present her case. Cf. Santambrogio v Italy [2004] ECHR 430 (post-Lubbe), where legal aid was deemed unnecessary in the circumstances. Fawcett: 2007, p.11. (n102), p51. Supra pp.17-19. Supra p.19. (n160).

Get creative!

Creative argument is essential if you’re going to get a first. Perhaps only unless your tutor or professor doesn’t know the topic well can you get away rehashing old argument and ideas that have been discussed thousands of times before. 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. 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. Money, then, gets reinvested into the system or society, which gets to work with the new innovation or improvement. The below argument is example of how such creativity can light up your dissertation, add value to your University and get you a better mark overall.

4.6. Owusu v Jackson Further relevance of Article 6 can be seen in the context of the ECJ’s analysis of forum non conveniens in Owusu v Jackson. Fundamentally wrong, the ECJ believed that a defendant “would not be able…reasonably to foresee before which other court he may be sued.” However, it is the defendant who asks for a stay and thus his foreseeability of a stay in this respect is secured. Article 6 is underpinned by the principle of legal certainty. Although legal certainty has specific provision in some articles of the ECHR, it is not confined to those articles; the specific provisions require domestic law “to be compatible with the rule of law, a concept inherent in all the articles of the Convention.” Legal certainty comprises the particularly significant aspect of foreseeability. In this regard, the ECtHR has noted that: “a norm cannot be regarded as a ‘law’ unless it is formulated with sufficient precision to enable the citizen to regulate his conduct: he must be able…to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail.” It is at least arguable that this would encompass procedural certainty emanating from rules of jurisdiction. If the forum non conveniens doctrine permitted stays without the defendant’s asking, the defendant would have such little legal certainty that there may even be an arguable infringement of his right to a fair trial under Article 6, not only incompatible with the higher test of legal certainty of jurisdictional rules under the Brussels regime. This would result from the defendant’s lack of foreseeability as to where proceedings against him would take place. Contrastingly, cogent arguments can be made against forum non conveniens, inter alia, because of the uncertainty for the claimant. Notwithstanding, it could be said that his rights under Article 6(1) are upheld through his right of access to a court somewhere else. Moreover, he would have much more legal certainty than that of the defendant under the ECJ’s interpretation of forum non conveniens because stays under proper operation of forum non conveniens are granted, to some extent, within the confines of regulated and foreseeable discretion. It can therefore be seen that the ECJ had analysed something which would be incompatible not only with Scottish and English law, but also with the ECHR and HRA 1998. 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.” 4.7. Conclusions It is clear that there are disparate approaches to the right of access to a court, perhaps emanating in part from varying attitudes to the importance of human rights. Most civil jurisdiction cases will involve access being denied to one court, while access to another is still available. These will generally not breach Article 6 since there is no right of preference of court under Article 6 as Aikens J held in The Kribi, a judgment fully respectable of human rights. 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. Notwithstanding, such concerns may be unfounded, given the flexibility of international private law rules, such as the demands of justice under the second limb of Spiliada, which can effectively prevent indirect breaches of Article 6. Endnotes Except in exceptional circumstances: Collins et al: 2006, para.12-006 n.20. E.g. Articles 5 and 7. Reed and Murdoch: 2001, para.3.33. Amuur v France [1996] ECHR 20, at [50]. Reed and Murdoch: 2001, para.3.36. Sunday Times (No1) v United Kingdom [1979] ECHR 1, at [49]. Harris: 2005, p939; despite a lack of express mention by the ECJ in Owusu (n29); cf. Opinion of AG Leger in Owusu, at [160]. Hartley: 2005b, pp824-828; cf. Mance: 2007. (n72).

Add Another New Topic

The following is a different slant on the fundamental theme of the dissertation.

5. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 5.1. Recognition of Contracting State Judgments An indirect breach of Article 6 may occur where a court recognises and thus enforces a judgment obtained in foreign proceedings contrary to the requirements of Article 6. Little challenge is presented where that judgment is obtained in a court of a State party to the ECHR; in such a case, recognition can be refused through Article 6 which is a facet of public policy under Article 27(1) of the Brussels Convention. Notably, Article 34(1) of the Brussels Regulation provides that the recognition must be “manifestly” contrary to public policy, implying a higher threshold than in Article 27(1). The difference in wording is uncertain, but it is hoped that it will not be used to “sweep mere procedural defects under the rug.” Indeed, the importance of the right to a fair trial to the rule of law cannot be underestimated and thus it is arguable that any breach of Article 6 will be manifestly contrary to public policy. Notwithstanding, if the phrases “manifestly contrary to public policy” and a “flagrant breach of the ECHR” were to be compared, it may be just as arguable that a manifest breach of Article 6, not a standard one, is required for the operation of Article 34(1) of the Brussels Regulation. However, this may not be unwarranted in the context of judgments of Contracting States, as noted. Through Krombach v Bamberski , the housing of Article 6 under public policy effectively creates a hierarchical system, whereby EC rules have precedence over human rights rules, particularly because of the ignorance of the indirect effect doctrine. However, this may not be wholly unwelcome in light of the potential existence of a common EC public policy, somewhat emanating from the harmonisation through the ECHR in 1950. Moreover, as Meidanis suggests, the ECJ appears to see the protection of human rights as the common core of the European public policy and is prepared to sacrifice the basic principle of the free movement of judgments of the Brussels Convention to ensure protection of human rights. Notwithstanding, as noted, in other contexts, the ECJ does not so respect human rights, particularly highlighted by its emphatic rejection of Article 6 in Gasser. 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. 5.2. Recognition of Non-Contracting State Judgments More difficulty arises with recognition of a judgment obtained in a non-Contracting State. 5.2.1. European Court of Human Rights Such recognition was permitted without reference to Article 6 in Drozd and Janousek. However, in Pellegrini v Italy, the ECtHR held that the Italian court could not recognise a judgment obtained in a Vatican City court in contravention of Article 6 standards. This was so despite a Concordat between Italy and the Vatican requiring such recognition. Pellegrini can be considerably demarcated from the Soering/Drozd line of cases, which requires a flagrant breach to have occurred in the non-Contracting State, the underpinning theory being the “reduced effect of public policy.” Instead, Pellegrini requires full compliance with Article 6 standards as if the foreign court were party to the ECHR, such that failure to review a judgment against which standards is a risky practice. 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. Moreover, the “reduced effect of public policy” approach of Drozd was followed eight days prior to Pellegrini in Prince Hans-Adam II of Liechtenstein v Germany. However, it is difficult to distinguish Hans-Adam II on its facts particularly given the sweeping reasoning in Pellegrini. Thus, as it stands, Pellegrini is the leading authority, prescribing the need for a review of foreign judgments against full Article 6 standards, ensuring full protection for the right to a fair trial. It is nevertheless hoped by some that the case will be revisited, perhaps with the preference of a variable standard. 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. Hence, as Kinsch submits, an a contrario reading may be imputed, such that review of Article 6 standards is optional where the judgment emanates from a Contracting State. 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. 5.2.2. House of Lords In stark contrast to Pellegrini, the House of Lords in Montgomery required a “flagrant” breach in the United States, a non-Contracting State, for the judgment not to be recognised. Such a flagrant breach was not created in the United States and hence recognition of a judgment breaching regular Article 6 standards was permitted. In its judgment, the House of Lords attempted to distinguish Pellegrini through the existence of the Concordat between Italy and the Vatican City, which required Italy to ensure that the Vatican court’s procedure complied with the fundamental principles of Italian legal system, one being Article 6. However, this is hard, if not impossible, to understand, particularly since it assumes that the Concordat of 1929, as amended, could incorporate ECHR standards, when the Vatican City deliberately refused to subscribe to the ECHR. Further, the ECtHR in Pellegrini did not suggest in its judgment that the relationship between Italy and the Vatican was material to its decision. Therefore, Montgomery is seen to be wrong in so distinguishing Pellegrini. Briggs and Rees further suggest that the House of Lords applied the wrong test in Montgomery because of the analysis of deportation cases, such as Soering. 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. However, Soering requires that the person “has suffered or risks suffering a flagrant denial of a fair trial (emphasis added.)” If he has already suffered a breach, there is no need for a prediction to be made; instead, the reason for the standard of flagrancy is based on the “reduced effect of public policy” theory, an approach followed in Drozd, as noted. The reasoning of Briggs and Rees in this respect is akin to that of the Court of Appeal in Montgomery where Lord Woolf CJ stated that “the reference in [Soering at [113]] to a future flagrant breach of Article 6 was no more than a dicta which should not be applied to the enforcement of a court order of a non-Contracting State.” However, Drozd, which was not cited to, or considered by, the Court of Appeal, expressly requires such a flagrant breach of Article 6 if enforcement of a court order of a non-Contracting State is to be denied, which clearly has nothing to do with making predictions. Instead, as Briggs and Rees indeed note, the reason why the House of Lords applied the wrong test in Montgomery is that Pellegrini, the leading ECtHR authority which overrides Drozd, was wrongly distinguished and therefore permitted recognition of a judgment in contravention of ECHR jurisprudence. 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. 5.3. Conclusions The leading authority of the ECtHR on operation of the indirect effect doctrine with respect to recognising foreign judgments, Pellegrini demands a review of full compliance with Article 6 standards of foreign judgments, perhaps limited to those emanating from non-Contracting State courts. Through this, the right to a fair trial can be fully upheld in national courts and, in the UK, breach of Section 6 of the HRA 1998 can be avoided. Notwithstanding, the House of Lords effectively got human rights wrong, thus paving the way forward for reduced protection of Article 6 in the UK. However, this area is not devoid of hope; to effect compliance with this framework, Montgomery must be overturned, which does not appear too remote a possibility given the extensive criticism of the case.

How to conclude a first class law dissertation

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.

There are three things which you should bear in mind:-

1. A well-written dissertation, thesis, essay or, indeed, any story should have three main parts to it: an introduction; a main body; and a conclusion. It reflects any good piece of oratory: say what you’re going to say, say it, then say what you’ve said. In your conclusion, you are, thus, trying to tell the audience what you’ve said throughout your dissertation. If the word limit is 10,000 words, 800-1000 words should, ideally, be used on your conclusion;

2. Don’t be afraid to put your foot into the icy water. As stated in an earlier section you should not be afraid to come to powerful conclusions even if they challenge the views of other academics, practitioners or even the general public, provided that your views can be fairly and reasonably supported. Which brings us to the third and most important aspect of any conclusion;

3. A well drafted conclusion should refer back to your analysis throughout your dissertation to support your suggested conclusions; it should not allow you to raise new arguments or thoughts which you haven’t already considered. Think about it like a civil proof in court: you conduct an examination-in-chief in which you ask open questions to get evidence from your witness; your opponent then cross-examines your witness to test their evidence; you then get a chance to re-examine the witness but you do NOT get a chance to raise anything new that was not covered in cross.

The conclusion to my dissertation, different from my Juridical Review version, is as below. 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.

6. CONCLUSIONS The right to a fair trial has produced much concern in the conflict of laws arena today, a particular result of the evolution of a more stringent human rights culture in the United Kingdom. In the field of civil jurisdiction, the right to a trial within reasonable time and the right of access to a court, two of the most fundamental substantive rights of Article 6 ECHR, have emerged; in the sphere of recognition and enforcement of foreign judgments, the indirect effect doctrine, a key procedural element of the ECHR, which protects the right to a fair trial indirectly but nevertheless just as significantly, has arisen. International private law mechanisms exist for the reconciliation of Article 6 with the sphere of civil jurisdiction and judgments. The extent to which these can be utilised to protect the right to a fair trial is undoubtedly immense. 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. This strict approach is not unwarranted, particularly where judges fail to see the function or even importance of human rights. 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. This appears even more inadequate in light of Advocate General Léger’s later suggestions that forum non conveniens may actually be incompatible with Article 6, when the doctrine is more than justifiable as it seeks to produce faster and more economic litigation, through both the first and second limbs of Spiliada. Notwithstanding, the need for Fawcett’s model is more questionable in other situations; for instance, in those cases involving potential indirect breaches of Article 6 when transferring actions abroad, flexible international private law mechanisms appear to have been applied in a manner sufficiently compliant with the ECHR, regardless of the characterisation of the breach as one of Article 6 or simply of the demands of justice. 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. Fawcett concedes that the overall result of many cases will remain unchanged but suggests that “borderline” cases may exist which pose as pitfalls for the courts. 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. In this respect, Fawcett appears to be advocating an approach extending beyond avoiding breaching Article 6; instead, he is actively aiming at protection of a fair trial beyond the Article 6 threshold. However, this is not unwelcome; the importance of Article 6 is so great that it is worth adopting the strict approach. The consistent use of ECHR jurisprudence at the outset will, at the very least, prevent a breach of Section 2 of the HRA 1998; further, it may assist those judges who are misguided or fail to see the importance of human rights today. 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.

New: we have published guides to some of the best personal injury lawyers , settlement agreement solicitors and best employment lawyers in the UK , in addition to helpful guidance on a range of other legal issues which may be useful if you or a friend need to point someone in the right direction.

How to write a bibliography to conclude your first-class dissertation

There are three stages for completing an abundant and competent bibliography. First, go into the footnotes on your document, select all, copy and paste to the foot of your article, then separate into different categories. Then, second, go back through the materials which you have read and add them. Finally, third, sort alphabetically using Word or Excel.

7. BIBLIOGRAPHY 7.1. TABLE OF CASES A and others v Denmark [1996] ECHR 2 AG of Zambia v Meer Care and Desai [2005] EWHC 2102 (Ch), appeals dismissed [2006] EWCA Civ 390 Airbus Industrie GIE v Patel [1999] 1 AC 119 Airey v Ireland [1979] ECHR 3 Al-Bassam v Al-Bassam [2004] EWCA Civ 857 Amuur v France (1996) 22 E.H.R.R. 533 Andreucci v Italy [1992] ECHR 8 Ashingdane v United Kingdom [1985] ECHR 8 Att. Gen. v Arthur Anderson & Co [1989] ECC 224 Axelsson v. Sweden, no.11960/86, 13 July 1990 Bensaid v United Kingdom (2001) 33 EHRR 10 Berghofer v. ASA SA Case 221/84 [1985] ECR 2699 Berisford Plc v New Hampshire Insurance [1990] 2 QB 631 Bock v. Germany [1989] ECHR 3 Boddaert v Belgium (1993) 16 EHRR 242 Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi(“Bosphorus Airways“) v Ireland (2006) 42 EHRR 1 Bottazzi v. Italy [1999] ECHR 62 Brazilian Loans (PCIJ Publications, Series A, Nos. 20-21, p.122) Bristow Heliocopters v Sikorsky Aircraft Corporation [2004] 2 Ll Rep 150 British Airways v Laker Airways [1983] AC 58 British South Africa Co v Companhia de Moçambique [1893] AC 602 Buchholz v Germany [1981] ECHR 2 Carel Johannes Steven Bentinck v Lisa Bentinck [2007] EWCA Civ 175 Ceskoslovenska Obchodni Banka AS v Nomura International Plc [2003] IL Pr 20 Chellaram v Chellaram [1985] 1 Ch 409 Connelly v RTZ Corpn plc [1998] AC 854 Credit Agricole Indosuez v Unicof Ltd [2004] 1 Lloyd.s Rep 196 Cumming v Scottish Daily Record and Sunday Mail Ltd, The Times June 8, 1995 Darnell v United Kingdom (1993) 18 EHRR 205 Delcourt v Belgium (1979-80) 1 EHRR 355 Derbyshire CC v Times Newspapers Ltd [1992] QB 770 Deweer v Belgium (1979-80) 2 EHRR 439 Di Mauro v. Italy ECHR 1999-V Drozd and Janousek v France and Spain (1992) 14 EHRR 745 Eckle v Germany (1983) 5 EHRR 1 Elderslie Steamship Company v Burrell (1895) 22 R 389 Elefanten Schuh GmbH v Jacqmain (Case 150/80) [1981] ECR 1671 Erich Gasser GmbH v Misat Srl, C-116/02 [2005] QB 1 ERT v DEP C-260/89 [1991] ECR I-2925 F v Switzerland [1987] ECHR 32 Ferrari v Italy [1999] ECHR 64 Foti v Italy (1982) EHRR 313 Fritz and Nana v France, 75 DR 39 Golder v. United Kingdom [1975] ECHR 1 Gorbachev v Russia, No. 3354/02, Judgment of 15 February 2007. Government of the United States of America v Montgomery (No 2) [2004] UKHL 37 Guincho v Portugal (1984) 7 EHRR 223 H v France (1990) 12 EHRR 74 Hesperides Hotels Ltd v Aegan Turkish Holidays Ltd [1979] AC 508 Hewit’s Trs v Lawson (1891) 18 R 793. Huseyin Erturk v Turkey [2005] ECHR 630. Irish Shipping Ltd v Commercial Union [1991] 2 QB 206. Iveco Fiat v Van Hool Case 313/85 [1986] ECR 3337 Jones v Saudi Arabia [2004] EWCA Civ 1394 JP Morgan Europe Ltd v Primacom [2005] EWHC 508 Katte Klitsche de la Grange v Italy (1994) 19 EHRR 368 Klockner Holdings GmbH v Klockner Beteiligungs GmbH [2005] EWHC 1453 Konamaneni v Rolls-Royce Industrial Power (India) Ltd [2002] 1 WLR 1269 Konig v Federal Republic of Germany (1978) 2 EHRR 170 Krombach v Bamberski Case C-7/98 [2001] QB 709 Kudla v Poland [2000] ECHR 512 Lacey v Cessna Aircraft (1991) 932 F.2d 170 Ledra Fisheries Ltd v Turner [2003] EWHC 1049 Lubbe v Cape Industries Plc [2000] 2 Lloyd’s Rep. 383 Malone v United Kingdom (1985) 7 EHRR 1 Malstrom v Sweden (1983) 38 Decisions and Reports 18 Manieri v Italy [1992] ECHR 26 Margareta and Roger Andersson v Sweden (1992) 14 EHRR 615. Markovic v Italy [2006] ECHR 1141 Maronier v Larmer [2003] QB 620 Matthews v United Kingdom [1999] ECHR 12. Messier-Dowty v Sabena [2000] 1 WLR 2040 Netherlands 6202/73 1975 1 DR 66 OT Africa Line Ltd v Hijazy (The Kribi) [2001] Lloyd’s Rep 76 Owens Bank Ltd v Bracco [1992] 2 AC 433 Owners of the Atlantic Star v Owners of the Bona Spes (The Atlantic Star and The Bona Spes) [1974] AC 436 Owusu v Jackson and Others C-281/02 [2005] QB 801 Pafitis v Greece (1999) 27 EHRR 566 Pfeiffer and Plankl v Austria (1992) 14 EHRR 692 Philip Morris International Inc v Commission of the European Communities [2003] ECR II-1 Prince Hans-Adam II of Liechtenstein v Germany ECHR 2001-VIII. R (Razgar) v Special Adjudicator [2004] 1 AC 368 R v Jones [2003] 1 AC 1 R. (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] 2 WLR 1389 R. (on the application of Ullah) v Special Adjudicator [2004] UKHL 26 Riccardo Pizzati v Italy [2006] ECHR 275 Robins v United Kingdom (1998) 26 EHRR 527 Salesi v Italy [1993] ECHR 14 Salotti v RUWA Case 23/76 [1976] ECR 1831 Santambrogio v Italy [2004] ECHR 430 Scopelliti v Italy (1993) 17 EHRR 493 Sim v Robinow (1892) 19 R 665 Soc Divagsa v Spain (1993) 74 DR 274. Soering v United Kingdom (1989) 11 EHRR 439 Spiliada Maritime Corporation v Cansulex Lid [1987] 1 AC 460 Standard Steamship Owners Protection and Indemnity Association v Gann [1992] 2 Lloyd’s Rep 528 Stogmuller v Austria (1979) 2 EHRR 155 Stubbings v United Kingdom [1996] ECHR 44 Sunday Times v United Kingdom (1979-80) 2 EHRR 245 The Al Battani [1993] 2 Lloyd’s Rep 219 The Benarty [1984] 2 Lloyd’s Rep 244 The Fehmarn [1958] 1 WLR 159 The Jalakrishna [1983] 2 Lloyd’s Rep. 628 The Lakhta [1992] 2 Lloyd’s Rep 269 The Nile Rhapsody [1992] 2 Lloyd’s Rep 399 The Pioneer Container [1994] 2 AC 324 The Polessk [1996] 2 Lloyd’s Rep 40 The Vishva Ajay [1989] 2 Lloyd’s Rep 558 Toepfer International G.M.B.H. v. Molino Boschi Srl [1996] 1 Lloyd’s Rep. 510 Trendex v Credit Suisse [1982] AC 679 Turner v Grovit and Others [2005] 1 AC 101 Union Alimentaria SA v Spain (1990) 12 EHRR 24 Vocaturo v Italy [1991] ECHR 34. Wemhoff v Germany (1968) 1 EHRR 55 Winterwerp v The Netherlands [1979] ECHR 4 X v France [1992] ECHR 45 Xn Corporation Ltd v Point of Sale Ltd [2001] I.L.Pr. 35 Z and Others v. United Kingdom (2002) 34 EHRR 3 Zimmermann and Steiner v Switzerland [1983] ECHR 9 7.2. TABLE OF LEGISLATION European Union EC Treaty Art 6(2) Art 307 Council Regulation 44/2001 (Brussels Regulation) Art 2 Art 4 Art 27 Art 28 Art 30 Art 34(1) Art 34(2) Art 35(3) Art 71 Italy Law no.89 of 24 March 2001 (the “Pinto Act”). United Kingdom Civil Jurisdiction and Judgments Act 1982 Civil Procedure Rules 1998 Part 11 r 3.1(2)(f) Human Rights Act 1998 (HRA 1998) s1(1)(a) s2(1)(a) s3(1) s6(3)(a) 7.3. TABLE OF CONVENTIONS Brussels Convention on Jurisdiction and Judgments in Civil and Commercial Matters (Brussels Convention) Art 21 Art 22 Art 57 European Convention on Human Rights (ECHR) Art 5 Art 6 Art 7 Art 13 7.4. TEXTBOOKS Anton, A.E., and Beaumont, P., 1995. Anton & Beaumont’s Civil Jurisdiction in Scotland: Brussels and Lugano Conventions. 2nd ed ., Edinburgh: Greens Bell, A., 2003. Forum Shopping and Venue in Transnational Litigation. Oxford: OUP Briggs, A., 2002. The Conflict of Laws, Oxford: OUP. Briggs, A., and Rees, P., 2002. Civil Jurisdiction and Judgments. 3rd ed., London: LLP Briggs, A., and Rees, P., 2005. Civil Jurisdiction and Judgments. 4rd ed., London: LLP Clarkson, C.M.V., and Hill, J., 2002. Jaffey on the Conflict of Laws. 2nd ed., Oxford: OUP Clarkson, C.M.V., and Hill, J., 2006. The Conflict of Laws. New York: OUP Clayton, R. and Tomlinson, H., 2000. The Law of Human Rights. Oxford: OUP Collier, J.C., 2001. Conflict of Laws. 3rd ed., Cambridge: Cambridge University Press. Collins, L., et al (eds), 2006. Dicey Morris and Collins on the Conflict of Laws. 14th ed. London: Sweet and Maxwell Crawford, E.B., and Carruthers, J.M., 2006. International Private Law in Scotland. 2nd ed, Edinburgh: Greens Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh. The Hague, The Netherlands: T.M.C. Asser Press. Fawcett, J.J., 1995. Declining jurisdiction in private international law: reports to the XIVth congress of the International Academy of Comparative Law, Athens, August 1994. Oxford: Clarendon Press Fawcett, J.J., Harris, J. and Bridge, M., 2005. International Sale of Goods in the Conflict of Laws. Oxford: OUP Grosz, S., Beatson, J. and Duffy, P., 2000. Human Rights: The 1998 Act and the European Convention,.London: Sweet and Maxwell Harris, D.J., O’Boyle, M., Warbrick, C., 1995. Law of the European Convention on Human Rights. London: Butterworth Hill, J., 2005. International Commercial Disputes in English Courts. 3rd ed Portland: Hart Publishing McClean, D. and Beevers, K., 2005. Morris on the Conflict of Laws. 6th ed., London: Sweet and Maxwell North, P.M. and Fawcett, J.J., 2004. Cheshire and North’s Private International Law. 13th ed. Oxford: OUP Ovey, C. and White, R., 2002. The European Convention on Human Rights. New York: OUP Raitio, J., 2003. The Principle of Legal Certainty in EC Law. The Netherlands: Kluwer Academic Publishers Reed, R. and Murdoch, J., 2001. A Guide to Human Rights Law in Scotland. Edinburgh: Butterworths Scotland Starmer, K., 1999. European Human Rights Law. London: Legal Action Group 7.5. ARTICLES Baldwin, J., and Cunnington, R., 2004. “The Crisis in Enforcement of Civil Judgments in England and Wales.” 2004 PL (SUM) 305-328 Briggs, A., 2005a. “Foreign Judgments and Human Rights.” 121(APR) L.Q.R. 185-189 Briggs, A., 2005b. “The Death of Harrods: Forum non Conveniens and the European Court.” 121(OCT) L.Q.R. 535-540 Clarke, A., 2007. “The Differing Approach to Commercial Litigation in the European Court of Justice and the Courts of England and Wales” 18 E.B.L.Rev. 101-129 Collins, L., 1995. “The Brussels Convention Within the United Kingdom”, 111 LQR 541 Costa, J-P., 2002, Rivista internazionale dei diritti dell’uomo, 435, cited in Kinsch, P., 2004. “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. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp197-228, p228 n100 Crawford, E.B., 2005. “The Uses of Putativity and Negativity in the Conflict of Laws.” 54 ICLQ 829-854 Crifo, C., 2005. “First Steps Towards the Harmonisation of Civil procedure: The Regulation Creating a European Enforcement Order for Uncontested Claims.” C.J.Q. 2005, 24(APR), 200-223 Eardley, A., 2006. “Libel Tourism in England: Now the Welcome is Even Warmer.” 17(1) Ent. L.R. 35-38 Fabri, M., and Langbroek, P.M., 2003. “Preliminary draft report: Delay in Judicial Proceedings: A preliminary Inquiry into the Relation Between the Demands of the Reasonable Time Requirements of Article 6(1) ECHR and Their Consequences for Judges and Judicial Administration in the Civil, Criminal and Administrative Justice Chains”, CEPEJ (2003) 20 Rev Farran, S., 2007. “Conflicts of Laws in Human Rights: Consequences for Colonies”, (2007) 1 EdinLR 121 Fawcett, J.J., 2007. “The Impact of Article 6(1) of the ECHR on Private International Law.” 56 ICLQ 1-48 Fentiman, R., 2005. “English Domicile and the Staying of Actions” [2005] 64 CLJ 303 Flannery, L., 2004. “The End of Anti-Suit Injunctions?” New Law Journal, 28 May 2004, 798 Franzosi, M., 2002. “Torpedoes are here to stay” [2002] 2 International Review of Industrial Property and Copyright Law 154 Franzosi, M., 1997. “Worldwide Patent Litigation and the Italian Torpedo” 19 (7) EIPR 382 Green, L., 1956. “Jury Trial and Mr. Justice Black,” 65 Yale LJ 482 Halkerston, G., 2005. “A Funny Thing Happened on the Way to the Forum.” 155 NLJ 436 Hare, C., “Forum non Conveniens in Europe: Game Over or Time for ‘Reflexion’” JBL 2006, Mar, 157-179 Harris, J., 2001. “The Brussels Regulation.” 20 Civil Justice Quarterly 218 Harris, J., 2005. “Stays of Proceedings and the Brussels Convention.,” 54 ICLQ 933 Hartley, T.C., 1994. “Brussels Jurisdiction and Judgments Convention: Agreement and Lis Alibi Pendens.” 19(5) E.L.Rev 549-552 Hartley, T.C., 2001. “International Law and the Law of the European Union – A Reassessment”, 72 BYBIL 1 Hartley, T.C., 2005a. “Choice-of-court agreements, lis pendens, human rights and the realities of international business: reflection on the Gasser case” in Le droit international privé: mélanges en l’honneur de Paul Lagarde, (Dalloz, Paris, 2005), pp383-391 Hartley, T.C., 2005b. “The European Union and the Systematic Dismantling of the Common Law Conflict of Laws”, 54 ICLQ 813 Higgins, R., 2006. “A Babel of Judicial Voices? Ruminations From the Bench.” 55 ICLQ 791-804. Hogan, G., 1995. “The Brussels Convention, Forum non Conveniens and the Connecting Factors Problem.” 20(5) E.L. Rev. 471-493 Hood, K.J., 2006. “Drawing Inspiration? Reconsidering the Procedural Treatment of Foreign Law.” 2(1) JPrIL 181-193. Hunt, M., 1998. “The “Horizontal Effect” of the Human Rights Act”. 1998 Public Law 423-443 Hunter-Henin, M., 2006. “Droit des personnes et droits de l’homme: combinaison ou confrontation? (Family Law and Human Rights: Can They Go Along or Do They Exclude Each Other?),” 95(4) Revue critique de droit international privé pp743-775. Kennett, W., 1998. “Service of Documents in Europe.” 17(JUL) C.J.Q. 284-307 Kennett, W., 2001. “The Brussels I Regulation.” 50 ICLQ 725 -737 Kennett, W., 2001. “The Enforcement Review: A Progress Report.” 20(Jan) CJQ 36-57 Kennett, W., and McEleavy, P., 2002. “(Current Development): Civil and Commercial Litigation” 51 ICLQ 463 Kinsch, P., 2004. “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. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp197-228. Lester, A., and Pannick, D., 2000. “The Impact of the Human Rights Act on Private Law: The Knight’s Move.” 116 LQR 380-385 Loucaides, L.G., 2003. “Questions of a Fair Trial Under the European Convention on Human Rights.” (2003) HRLR 3(1), pp27-51. Lowenfield, A.F., 2004. “Jurisdiction, Enforcement, Public Policy and Res Judicata: The Krombach Case,” in in Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp229-248 Mance, J., 2004a. “Civil Jurisdiction in Europe – Choice of Court Clauses, Competing Litigation and Anti-Suit Injunctions – Erich Gasser v. Misat and Turner v. Grovit: Address to Second Conference of European Commercial Judges, (“Problems of enforcement of european law”)” Paris – 14th October 2004; http://www.courdecassation.fr/formation_br_4/2004_2034/jonathan_mance_8239.html, (Accessed 10 March 2007) Mance, J., 2004b. “Exclusive Jurisdiction Agreements and European Ideals.” 120 LQR 357 Mance, J., 2005. “The Future of Private International Law.” 1(2) JPrIL 185-195 Mance, J., 2007. “Is Europe Aiming to Civilise the Common Law?” 18 EBLRev 77-99 McLachlan, C., 2004. “International Litigation and the Reworking of the Conflict of Laws” 120(OCT) LQR 580-616 Meidanis, H.P., 2005. “Public Policy and Ordre Public in the Private International Law of the EU: Traditional Positions and Moderns Trends.” 30(1), ELRev, 95-110 Merrett, L., 2006. “The Enforcement of Jurisdiction Agreements within the Brussels Regime,” 55 ICLQ 315 Muir Watt, H., 2001. “Evidence of an Emergent European Legal Culture: Public Policy Requirements of Procedural Fairness Under the Brussels and Lugano Conventions.” 36 Tex. ILJ, p. 539. North, P., 2001. “Private International Law: Change or Decay?” 50 ICLQ 477-508 Orakhelashvili, A., 2006. “The Idea of European International Law.” 17 Eur. J. Int’l L. 315 Peel, E., 2001. “Forum non Conveniens Revisited.” 117(APR) L.Q.R. 187-194 Robertson, D.W., 1987. “Forum Non Conveniens in America and England: ‘A rather fantastic fiction’.” 103 LQR 398 Robert-Tissot, S., and Smith, D., 2005. “The Battle for Forum”, New Law Journal, 7 October 2005, p1496 Robert-Tissot, S., 2005. “The Battle for Forum.” 155 NLJ 1496 Rodger, B.J., 2006. “Forum non Conveniens: Post Owusu.” 2(1) JPrIL 71 Schiavetta, S., 2004. “The Relationship Between e-ADR and Article 6 of the European Convention of Human Rights pursuant to the Case Law of the European Court of Human Rights.” 2004 (1) The Journal of Information, Law and Technology (JILT). http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2004_1/schiavetta/ (Accessed 28 February 2007) Sinopoli, L., 2000. Le droit au procès équitable dans les rapports privés internationaux (doctoral dissertation, University of Paris-I, 2000) Slater, A.G., 1988. “Forum Non Conveniens: A View From the Shop Floor.” 104 LQR 554 Svantesson, D.J.B., 2005. “In Defence of the Doctrine of Forum Non Conveniens.” (2005) HKLJ 395 Van Hoek: 2001. “Case note on Krombach v Bamberski” (2001) 38 CMLR 1011. Wade, H.W.R., 2000. “Horizons of Horizontality.” 116 LQR 217-224 Williams, J.M., 2001. “Forum non Conveniens, Lubbe v Cape and Group Josi v Universal General Insurance.” J.P.I. Law 2001, 1, 72-77 Zhenjie, H., 2001. “Forum Non Conveniens: An Unjustified Doctrine.” 48 NILR 143

All the best with your dissertation and career!

Linkedin: the new blogging platform for lawyers.

Or should you publish mainly on your own website or blog? In today’s digital age, LinkedIn isn’t just a professional

Exciting News: Our Guide to AI for Law Firms Just Got Better!

Hello legal professionals and legal tech enthusiasts! Alongside an exciting upcoming podcast episode on AI for law firm efficiency and

Automated page speed optimizations for fast site performance

Edinburgh Research Archive

ERA Home
Law, School of

Law thesis and dissertation collection

By Issue Date Authors Titles Subjects Publication Type Sponsor Supervisors

Search within this Collection:

Presented here is a selection of theses and dissertations from the School of Law. Please note that this is not a complete record of all degrees awarded by the School.

This material is presented to ensure timely dissemination of scholarly and technical work. Copyright and all rights therein are retained by authors or by other copyright holders. All persons copying this information are expected to adhere to the terms and constraints invoked by each author's copyright. In most cases, these works may not be reposted without the explicit permission of the copyright holder.

Recent Submissions

Out of place and out of time: older prisoners in chile , mind the gap: an empirical study of terrorism offences, law-making, and discretion , challenges and limitations of granting legal personality to distributed/decentralized autonomous organizations , development of international shipping standards under the auspices of the imo and their implementation in practice: a case study of thailand , adequacy of the ex post armed attack framework of the jus ad bellum in relation to the evolving means and methods of warfare , governing disputed maritime areas , what we say when we criminalise: a metanormative inquiry , testamentary law in england, c. 1450-1540 , sovereign immunity from execution of foreign arbitral awards in the 21st century , conceptualizations of addiction in harm reduction strategies for effective and ethical uk drug policy , liminality and the lived experience of law in medicine: the legal consciousness of physicians in encounters with people living as undocumented migrants , contested citizenship and statelessness in question: an anlysis of cases of overseas taiwanese people and tibetan exiles in taiwan , eternity and the constitution: the promise and limits of eternity clauses , hate speech in the british press: a theoretical and practical assessment of the case for broader regulation , liberty versus security under illiberal constitutionalism: the legality of criminalising humanitarian assistance in hungary and greece , operationalising ‘publicness’ in data-intensive health research regulation: an examination of the public interest as a regulatory device , worldmaking powers of law and performance: queer politics beyond/against neoliberal legalism , development of law of the sea by unclos dispute settlement procedures: towards a coherent jurisprudence , evaluating the european union's response to online misinformation and disinformation: how to address harm while maximising freedom of expression , reconciling reverse burdens of proof with the presumption of innocence: a new approach .

University of Warwick Publications service & WRAP

Highlight your research.

Search WRAP
Browse by Warwick Author
Browse WRAP by Year
Browse WRAP by Subject
Browse WRAP by Department
Browse WRAP by Funder
Browse Theses by Department
Search Publications Service
Browse Publications service by Year
Browse Publications service by Subject
Browse Publications service by Department
Browse Publications service by Funder
Help & Advice

The Library

Law dissertations : a step-by-step guide.

Lammasniemi, Laura (2021) Law dissertations : a step-by-step guide. London: Routledge. ISBN 9780367568771

This is the latest version of this item.

Research output not available from this repository.

Request-a-Copy directly from author or use local Library Get it For Me service.

Request Changes to record. --> Request Changes to record.

Law Dissertations: A Step-by-Step Guide provides you with all the guidance and information you need to complete and succeed in your LLB, LLM or law-related dissertation. Written in a simple, clear format and with plenty of tools to help you to put the theory into practice, Laura Lammasniemi will show you how to make writing your law dissertation easy, without compromising intellectual rigour.

As well as explaining the process of research and outlining the various legal methodologies, the book also provides practical, step-by-step guidance on how to formulate a proposal, research plan, and literature review. Unlike other law research skills books, it includes a section on empirical research methodology and ethics for the benefit of students who are studying for a law-related degree.

Packed full of exercises, worked examples and tools for self-evaluation, this book is sure to become your essential guide, supporting you on every step of your journey in writing your law dissertation.

2nd edition

Request changes or add full text files to a record --> Request changes or add full text files to a record

Available Versions of this Item

Law dissertations : a step-by-step guide. (deposited 17 Dec 2021 14:51) [Currently Displayed]

Repository staff actions (login required)

Email us: [email protected] Contact Details About Us

Law Dissertation Topics

Completing a dissertation can be a daunting task for any student. However, this is especially true for law students. Any issue that is tackled in a law dissertation should be framed carefully. To successfully complete a law dissertation, it is absolutely imperative to locate relevant primary sources in the form of statutory instruments and case law decisions in particular where relevant, either in print or online, to carefully scrutinise the issue that is set out to be considered in a law dissertation. There is also typically a need to supplement the primary sources that are used in the writing of your law dissertation with reputable secondary materials, such as government and organizational documentation, along with the views of scholars, to contextualize the arguments that the work completed raises.

These kinds of issues can make it very difficult to know where to begin when it comes to writing an effective law dissertation. Therefore, it is in most students’ best interests to seek reliable and knowledgeable assistance regarding what kinds of titles for law dissertations will offer the best chances to achieve the highest grades possible. Consequently, this article proposes some law dissertation topics in some of the key areas of law that both undergraduate and postgraduate students look to when writing this kind of study in the form of criminal law, commercial law, company law, tort law, employment law, EU law, intellectual property, constitutional law, administrative law, and family law.

Criminal Law Dissertation Topics

Commercial law dissertation topics, company law dissertation topics, tort law dissertation topics, employment law dissertation topics, eu law dissertation topics, intellectual property dissertation topics, the english legal system and constitutional and administrative law dissertation topics.

Family Law Dissertation Topics

Criminal law covers a wide range of areas and is an interesting and often topical area, since it can take on a national, regional, or even international vent. It can be difficult to grasp some of the principles and subject areas and topics should be chosen very carefully. To help you to focus your law dissertation, here are some suggestions for topics that you should consider in the area of criminal law.

A critical examination of the need to reform homicide offences in England and Wales in view of the Law Commission’s proposals in this regard.
An investigation into the ‘war on terror’s’ impact upon on the construction and enforcement of international criminal law.
An analysis of the Sexual Offences Act 2003’s ability to determine consent regarding the offence of rape.
A critical evaluation of how complaints regarding the completion of investigations and the assessment of evidence are dealt with in the criminal justice system in England and Wales.
A critical discussion of the threat of criminal gangs’ activities impact upon public order and state interests in England and Wales.
An examination of the partial defences of diminished responsibility and loss of control’s sufficiency for defending against a murder charge in England and Wales.
An investigation of problems with identifying the nature, extent and distribution of crime.
A critical discussion of the law’s construction regarding both omissions’ liability and ‘Bad Samaritans’.
A theoretical assessment of criminal theory regarding the intersection between crime, criminality, and morality.
An assessment of the ability of the criminal law in England and Wales to deal with new manifestations of criminality and the rise and prevalence of acid attacks in particular.
An evaluation of the offence of joint enterprise criminality in England and Wales to determine whether there is a need for reform.
An assessment of the need to protect the anonymity of those accused of sexual offences based upon the need to balance the recognition of defendants and victim rights in England and Wales.

Commercial law is often described as covering a wide area of study because it cannot really be dealt with in isolation within a single legal jurisdiction. Frequently, a commercial law dissertation will involve some kind of comparison with other countries. That said, there is a lot of focus on the jurisdiction of England and Wales as the commercial centre of choice, especially in relation to the matter of arbitration as a means of dispute resolution. With this in mind, some suggestions for commercial law topics are set out below.

A discussion regarding the ability of commercial law to support commercial transactions in England and Wales with a view to determining the need for reform.
Is the Vienna Convention on Contracts for the International Sale of Goods (CISG) better suited to international contracts than the law related to the sale of goods in England and Wales?
A critical assessment of the international commercial arbitration system as a cost effective and efficient means to administer justice in commercial disputes.
A comparative analysis of the recognition of the principles of commercial contracts in England and Wales and the approach taken in the European Union after Brexit.
An evaluation of the Lex Mercatoria in England and Wales as an appropriate choice of law for commercial arbitration proceedings.
An assessment of security over personal property when it comes to the matter of possessory and non-possessory forms of security and other legal devices.
An investigation of the emergence of new manifestations of international commercial law.
A critical discussion of the creation of a tripartite financial system in England and Wales and its role, if any, in the credit crunch.
An evaluation of European Union Sale of Goods law’s place in the law of England and Wales since the completion of Brexit.
A critical assessment of the passing of risk in the commercial law in England and Wales.
A legal assessment of the role of commercial law in sustaining public private partnerships based upon what happened with the Carillion Collapse.
An investigation of the sufficiency of England and Wales’ insolvency laws for dealing with instances of insolvency.
A critical assessment of the future of consumer protection in England and Wales in the post Brexit era.

There are numerous areas of interest in company law for producing an effective dissertation. Topics can include the Companies Act 2006’s effectiveness, incorporation’s benefits, limited liability, lifting the veil of incorporation, the raising of capital, and shareholder dividends payment. In addition, acquisitions, mergers and takeovers as well as aspects of insolvency, including administration, winding up and the emergence of rescue culture could prove fantastic topics for producing successful dissertations. Therefore, if you are interested in an area company law as a subject for your law dissertation, a number of potential topics are listed below:

A critical examination of the shareholder versus stakeholder basis of corporate governance.
An investigation of the importance of the non-executive director in the respective corporate legal systems of England and Wales and the United States of America.
An exploration of the transplantation of corporate legal regimes: does it promote better corporate governance?
The protection of minority shareholders’ rights based upon remedies of unfair prejudice and the basis for bringing proceedings under the Companies Act 2006 and the case law of England and Wales.
What are the arguments for and against ‘stakeholder theory’ and to what extent are they still valid?
A critical study of the legal and governance restraints on excessive executive director remuneration from the perspective of corporate governance in England and Wales and the United States of America.
A critical assessment of the law on corporate manslaughter from victims’ families’ perspective.
As assessment of the ability of Insolvency law in England and Wales to promote and deliver corporate rescues.
A critical analysis of the regulation of public companies in England and Wales when compared to the United States of America.
An assessment of the need for company law’s reform regarding directors’ duties in the wake of the Carillion Collapse.
An assessment of the need for the reform of mergers and acquisition law in England and Wales to enhance stakeholders’ understanding to support the achievement of long-term economic stability.
The need to reform the taxation rules of England and Wales and the United States of America to ensure multinational organisations pay their fair share of tax.

Tort law effectively defines what is considered a legal injury. This area of law is important because it establishes the circumstances whereby an individual may be held liable for another party’s injury due to either intentional acts or omissions or even accidents. Tort law is potentially a wide area of study for a law dissertation since includes areas as diverse as different forms of negligence and trespass to both land and the person. Therefore, in view of Tort law’s complex nature, here are some suggestions to help you formulate an effective law dissertation for you to complete:

A critical assessment of the importance of foreseeability and policy in establishing a duty of care.
A critical analysis of the rules regarding the recovery of economic losses in tortious actions.
To what extent is it true to say that there is still a growing compensation culture in the jurisdiction of England and Wales when compared to the position in the United States of America?
Where does the decision of the House of Lords in Gregg v Scott leave the loss of a chance in England and Wales?
To what extent is the rule in Bolam v Friern Hospital Management Committee still the standard for assessing the notion of reasonable care in professional negligence cases?
When it comes to matter of occupiers’ liability under the Occupiers Liability Acts of 1957 and 1984 respectively, when is a trespasser not a trespasser?
An investigation of the jurisprudence of England and Wales that serves to limit what may be recovered where some form of psychiatric harm is proved.
The impact of the House of Lords’ decision in Chester v Afshar on the law of Informed Consent when it comes to instances of medical negligence.
Why might the duty of care afforded to children be considered to be a step too far regarding the recognition of tortious liability?
An investigation of the need to account for policy considerations in tortious claims.
An assessment of the need for reform of the rules to determine causation in the event of their being multiple and consecutive causes of the claimant’s loss.
A critical discussion regarding the need to reform the law on nuisance in England and Wales.
An exploration of the need to reform the rules to establish a duty of care regarding the tortious liable to public body defendants in cases of negligence.

Where someone elects to write their law dissertation in relation to some aspect of Employment law, the focus typically seems to be on some aspect of unfair dismissal. Topics that are directly involved typically include unfair dismissal at common law, unfair dismissal under the Employment Rights Act 1996, and exclusions from unfair dismissal. In addition, employment law dissertations will also often consider the common law termination of a contract, the acquiring of employment rights, including analysing the calculation of continuous employment and interruptions in work, and, finally, the effectiveness of employment tribunals. Consequently, to impress an examiner with a law dissertation in employment law, there is a need to recognize that there are a lot of other interesting areas of study to consider, like the examples that are set out below:

A critical review of the approach to discrimination under the law of England and Wales.
An analysis of the extent to which a claim for wrongful dismissal provides more effective redress than a claim for unfair dismissal.
A comparative and critical review of the law related to the position of disabled people in positions of employment in England and Wales and the United States of America respectively.
A critical evaluation of the key legal aspects of the employee and employer relationship.
How does the legal position of casual and agency workers in England and Wales compare with the European Union?
What are the key legal issues associated with the use of Contracts of Employment in England and Wales in view of the increasing prevalence of’ zero hours’ contracts?
An evaluation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 to determine the extent to which it still protects the rights of employees.
To what extent is there still a role for trade unions to play in the application of principles of employment law in England and Wales when compared with the position in the United States of America?
How could the reference of disputes to Employment Tribunals be reformed to improve the position of employees and employers respectively?
Critically analyse the role of indirect discrimination in discrimination law in the context of the employment relationship.
How will employment law in England and Wales be impacted upon by Brexit?
A critical analysis of whether the circumstances for when a contractor becomes an employee still effectively apply to the modern understanding of employment relationships.
What does the recent decision in Uber BV v Aslam mean for the future development of employment law in England and Wales?

The law of the EU has been recognised as an ever-expanding area with a considerable amount of academic interest, especially in view of the UK’s recent Brexit from the Union. To illustrate, a growing interest has developed regarding the effect that EU law will continue to have upon the UK constitution. This is because there has not only been some considerable overlap between EU law and both the constitutional and administrative law of England and Wale, but also due to the fact that EU law has served to impact virtually every area of life in the UK. Consequently, as the examples of potential law dissertation titles set out below serve to illustrate, there is plenty of scope for an effective law dissertation:

Critically assess the freedom of movement recognised under EU law and their impact upon the development of England and Wales’s law prior to Brexit: will this freedom still have a role to play in England and Wales in the future?
In view of the direct effect of EU law and the recognition of state liability in individual Member States, is there a need for an EU Constitution?
How important are enforcement actions against EU Member States as part of the European law-making process?
Is integration in the EU best explained by the concept of Federalism or Neo-Functionalism and to what extent has the law enacted and implemented to date achieved this?
What are the most significant tensions between social policy and trade in the EU and what efforts have been undertaken to resolve them to date?
How has the European Convention on Human Rights and Fundamental Freedoms of 1950 contributed to the recognition of human rights internationally?
To what extent does the EU regulation of transport overlap with the regulation of state aid in the EU?
How have Articles 101(1) and (3) of the Treaty on the Functioning of the European Union improved international trade and competition within the EC?
What affect will the law of the European Union have upon the recognition of Parliamentary Sovereignty in the UK in the wake of Brexit?
What are the key aspects of the law of the EU that the UK should look to retain in the wake of Brexit?
Why is it important for the rights of citizens from EU Member States to be recognised in the UK once Brexit has been completed?
What impact will the UK’s Brexit serve to have upon the ongoing development of the law of the EU in its remaining Member States?

The law as it relates to intellectual property covers the creation, use and protection of trademarks, patents and copyright, together with other ancillary rights. In view of the array of intellectual property rights that it is possible for a given author to protect, there are clearly many topics that you could choose from for the completion of your law dissertation. As you can see from the examples that are presented below, there are a number of interesting areas that you could cover related to the recognition and/or the application of different intellectual property rights within the jurisdiction of England and Wales, the EU or even on a more global basis.

Critically evaluate the recognition of intellectual property rights impact upon economic relations between Member States within the EU.
To what extent are intellectual property rights effectively protected on the Internet in the jurisdiction of England and Wales?
How may it be said that passing-off in the context of trademark law is insufficient for providing protection for authors of creative works within the EU?
Analyse whether a right of confidence has been created in the jurisdiction of England and Wales that is effective for protecting an individual’s intellectual property rights.
Can the current, overly stringent patent system still be an incentive for innovation in the UK since Brexit from the EU was completed?
Does the copyright law of England and Wales provide a more effective balance between the needs of intellectual property rights holders and users than under the law of the United States of America?
Does the Fair Use principle provide an effective exemption to the application of England and Wales’ copyright law when compared to the position in the United States of America?
How will European law serve to impact upon the recognition of intellectual property rights in the UK now that Brexit has been completed?
Which of the legal systems of England and Wales, the EU, or the United States of America most effectively protect intellectual property rights holders against peer-to-peer file sharing? Why?
To what extent are indigenous people’s rights to intellectual property more effectively protected in the EU than in the United States of America?
What more could be done at a global level to improve the law to provide those people from less developed countries, particularly in Asia, Africa, and the Middle East, with greater protection of their intellectual property right?
Is there a need for intellectual property to be recognised in social media posts? Why?

Essentially, the topic of the English Legal System and Constitutional and Administrative Law may be divided into three key areas. First, the nature of the constitution may be considered in areas including, but not limited to, the recognition and application conventions and the rule of law. Second, it is necessary to evaluate the roles of the legislature, executive and parliament in the context of the recognition of the separation of powers, which could include legislation’s passage through Parliament, the delegation of legislation, the relationship between Parliament, the crown and the Royal Prerogative, and the executive, legislative and judiciary’s relationship. Finally, Judicial Review is another significant area of interest that could include the basis for intervention, such as ultra vires and illegality, procedural irregularity, irrationality, proportionality, and the nemo judex rule. Therefore, as the examples of potential law dissertation topics set out below show with regard to the English Legal System and Constitutional and Administrative Law, there are clearly a number of interesting areas that could be covered.

Why should England and Wales’ legal system be fused so that there is one legal profession rather than solicitors and barristers?
To what extent do the different conceptualisations of Parliamentary Sovereignty affect the relationship between the courts and Parliament in England and Wales?
Taken as a whole, does the UK need a single constitution for Northern Ireland, Scotland and England and Wales to adhere to?
How has the recent introduction of the Criminal Cases Review Commission improved the position regarding miscarriages of justice in England and Wales?
How could the system of Judicial Review in England and Wales be reformed to improve its application?
Critically analyse the extent to which the view that the legitimacy of the law is based upon its effectiveness is agreeable within England and Wales’ jurisdiction.
Are select committees a useful and helpful check on government activities?
What role does natural justice play in the UK Constitution?
Are conventions still a valid part of the UK Constitution?
Why does the UK’s Brexit from the EU have to mean the end of the recognition of Parliamentary Sovereignty?
How will Brexit serve to impact upon the development of England and Wales’ legal system as a means of regulating the activities of national and local government, as well as interrelated public bodies?
In what ways will the relationship between constitutional and administrative law in England and Wales be affected by Brexit?

Family Law Dissertation Topics

Family Law is considered to cover a wide range of topics regarding the family and marriage, including moves to harmonise married and unmarried couples position, the influence of the Human Rights Act 1998, nullity, void and voidable marriages, the effects of a decree, statutory rights relating to marriage, the registration of marriages, and the case for reform. Other topics that may be of interest include the Child Support Act 1991, financial orders for children, the enforcement of financial obligations to a child or children, the award of maintenance and the enforcement maintenance payments arrears and the enforcement of financial obligations in the Magistrates court. With this in mind, as the examples of potential law dissertation topics set out below show with regard to the subject of Family Law, there are clearly a number of interesting areas that could be covered in a law dissertation.

Following the Government’s current research on domestic violence, consider whether and how the law related to spousal abuse needs to be reformed in England and Wales to provide greater protection for the victims.
What was the purpose behind the Civil Partnership Act 2004’s enactment and to what extent has it been effectively interpreted and applied by the courts to fulfill the aforementioned purpose?
To what extent are the social and legal foundations of marriage, civil partnerships and parenting now considered to be effectively interrelated in England and Wales so as to account for the modern concept of the family and all its connotations?
Is the “Best Interest” test outdated when it comes to applying the current law to dealing with children’s particular circumstances in the jurisdiction of England and Wales?
Have the amendments to the Child Support Act 1991 under the Child Maintenance and Other Payments Act 2008 improved the position regarding child maintenance? If not, why not?
Critically analyse the development of the law related to divorce. Is it a product of the increased divorce rate in England and Wales or has it caused it?
Critically analyse the role of the local authority in achieving the effective provision of child welfare.
To what extent is it true to say that married women’s rights in property are still not effectively recognised within the jurisdiction of England and Wales?
Discuss whether and how the role of various available orders (i.e. contact, prohibited steps orders) serve to further the recognition of the paramountcy principle regarding children under the provisions of the Children Act 1989.
Family law – Is it time for reform?
To what extent are the rights of children currently effectively protected under the law of England and Wales?
How could the recognition of the right to a family life under Article 8 of the Human Rights Act 1998 be improved upon in England and Wales?
What could be done with the law as it relates to adoption to effectively reform it in the best interests of all potential stakeholders in England and Wales?

HLS Dissertations, Theses, and JD Papers

S.j.d. dissertations, ll.m. papers, ll.m. theses, j.d. papers, submitting your paper to an online collection, other sources for student papers beyond harvard, getting help, introduction.

This is a guide to finding Harvard Law School (“HLS”) student-authored works held by the Library and in online collections. This guide covers HLS S.J.D Dissertations, LL.M. papers, J.D. third-year papers, seminar papers, and prize papers.

There have been changes in the HLS degree requirements for written work. The library’s collection practices and catalog descriptions for these works has varied. Please note that there are gaps in the library’s collection and for J.D. papers, few of these works are being collected any longer.

If we have an S.J.D. dissertation or LL.M. thesis, we have two copies. One is kept in the general collection and one in the Red Set, an archival collection of works authored by HLS affiliates. If we have a J.D. paper, we have only one copy, kept in the Red Set. Red Set copies are last resort copies available only by advance appointment in Historical and Special Collections .

Some papers have not been processed by library staff. If HOLLIS indicates a paper is “ordered-received” please use this form to have library processing completed.

The HLS Doctor of Juridical Science (“S.J.D.”) program began in 1910. The library collection of these works is not comprehensive. Exceptions are usually due to scholars’ requests to withhold Library deposit.

HLS S.J.D. Dissertations in HOLLIS To refine these search results by topic or faculty advisor, or limit by date, click Add a New Line.
Hein’s Legal Theses and Dissertations Microfiche Mic K556.H45x Drawers 947-949 This microfiche set includes legal theses and dissertations from HLS and other premier law schools. It currently includes about 300 HLS dissertations and theses.
Hein's Legal Theses and Dissertations Contents List This content list is in order by school only, not by date, subject or author. It references microfiche numbers within the set housed in the Microforms room on the entry level of the library, drawers 947-949. The fiche are a different color for each institution.
ProQuest Dissertations and Theses @ Harvard University (Harvard login) Copy this search syntax: dg(S.J.D.) You will find about 130 SJD Dissertations dated from 1972 to 2004. They are not available in full text.
DASH Digital Access to Scholarship at Harvard Sponsored by Harvard University’s Office for Scholarly Communication, DASH is an open repository for research papers by members of the Harvard community. There are currently about 600 HLS student papers included. Unfortunately it is not possible to search by type of paper or degree awarded.

The Master of Laws (“LL.M.”) degree has been awarded since 1923. Originally, the degree required completion of a major research paper, akin to a thesis. Since 1993, most students have the option of writing the LL.M. "short paper." This is a 25-page (or longer) paper advised by a faculty supervisor or completed in conjunction with a seminar. Fewer LL.M. candidates continue to write the more extensive "long-paper." LL.M. candidates holding J.D.s from the U.S. must write the long paper.

HLS Written Work Requirements for LL.M. Degree The current explanation of the LL.M. written work requirement for the master of laws.

The library generally holds HLS LL.M. long papers and short papers. In recent years, we require author release in order to do so. In HOLLIS, no distinction is made between types of written work created in satisfaction of the LL.M. degree; all are described as LL.M. thesis. Though we describe them as thesis, the law school refers to them solely as papers or in earlier years, essays. HOLLIS records indicate the number of pages, so at the record level, it is possible to distinguish long papers.

HLS LL.M. Papers in HOLLIS To refine these search results by topic, faculty advisor, seminar or date, click Add a New Line.

HLS LL.M. Papers are sometimes available in DASH and Hein's Legal Dissertations and Theses. See descriptions above .

The HLS J.D. written work requirement has changed over time. The degree formerly required a substantial research paper comparable in scope to a law review article written under faculty supervision, the "third year paper." Since 2008, J.D. students have the option of using two shorter works instead.

Of all those written, the library holds relatively few third-year papers. They were not actively collected but accepted by submission from faculty advisors who deemed a paper worthy of institutional retention. The papers are described in HOLLIS as third year papers, seminar papers, and student papers. Sometimes this distinction was valid, but not always. The faculty deposit tradition more or less ended in 2006, though the possibility of deposit still exists.

J.D. Written Work Requirement
Faculty Deposit of Student Papers with the Library

HLS Third Year Papers in HOLLIS

To refine these search results by topic, faculty advisor, seminar or date, click Add a New Line.

HLS Student Papers Some third-year papers and LL.M. papers were described in HOLLIS simply as student papers. To refine these search results, click "Add a New Line" and add topic, faculty advisor, or course title.
HLS Seminar Papers Note that these include legal research pathfinders produced for the Advanced Legal Research course when taught by Virginia Wise.

Prize Papers

HLS has many endowed prizes for student papers and essays. There are currently 16 different writing prizes. See this complete descriptive list with links to lists of winners from 2009 to present. Note that there is not always a winner each year for each award. Prize winners are announced each year in the commencement pamphlet.

The Library has not specifically collected prize papers over the years but has added copies when possible. The HOLLIS record for the paper will usually indicate its status as a prize paper. The most recent prize paper was added to the collection in 2006.

Addison Brown Prize Animal Law & Policy Program Writing Prize Victor Brudney Prize Davis Polk Legal Profession Paper Prize Roger Fisher and Frank E.A. Sander Prize Yong K. Kim ’95 Memorial Prize Islamic Legal Studies Program Prize on Islamic Law Laylin Prize LGBTQ Writing Prize Mancini Prize Irving Oberman Memorial Awards John M. Olin Prize in Law and Economics Project on the Foundations of Private Law Prize Sidney I. Roberts Prize Fund Klemens von Klemperer Prize Stephen L. Werner Prize

Harvard Law School Prize Essays (1850-1868) A historical collection of handwritten prize essays covering the range of topics covered at that time. See this finding aid for a collection description.

The following information about online repositories is not a recommendation or endorsement to participate.

ProQuest Dissertations and Theses HLS is not an institutional participant to this collection. If you are interested in submitting your work, refer to these instructions and note that there is a fee required, which varies depending on the format of submission.
EBSCO Open Dissertations Relatively new, this is an open repository of metadata for dissertations. It is an outgrowth of the index American Doctoral Dissertations. The aim is to cover 1933 to present and, for modern works, to link to full text available in institutional repositories. Harvard is not one of the institutional participants.
DASH Digital Access to Scholarship at Harvard

Sponsored by Harvard University’s Office for Scholarly Communication, this is an open repository for research papers by members of the Harvard community. See more information about the project.

Some HLS students have submitted their degree paper to DASH. If you would like to submit your paper, you may use this authorization form or contact June Casey , Librarian for Open Access Initiatives and Scholarly Communication at Harvard Law School.

ProQuest Dissertations and Theses (Harvard Login) Covers dissertations and masters' theses from North American graduate schools and many worldwide. Provides full text for many since the 1990s and has descriptive data for older works.
NDLTD Networked Digital Library of Theses and Dissertations Union Catalog Worldwide in scope, NDLTD contains millions of records of electronic theses and dissertations from the early 1900s to the present.
Law Commons of the Digital Commons Network The Law Commons has dissertations and theses, as well as many other types of scholarly research such as book chapters and conference proceedings. They aim to collect free, full-text scholarly work from hundreds of academic institutions worldwide.
EBSCO Open Dissertations Doctoral dissertations from many institutions. Free, open repository.
Dissertations from Center for Research Libraries Dissertations found in this resource are available to the Harvard University Community through Interlibrary Loan.
British Library EThOS Dissertation source from the British Library listing doctoral theses awarded in the UK. Some available for immediate download and some others may be requested for scanning.
BASE from Bielefeld University Library Index of the open repositoris of most academic institutions. Includes many types of documents including doctoral and masters theses.

Contact Us!

Ask Us! Submit a question or search our knowledge base.

Chat with us! Chat with a librarian (HLS only)

Email: [email protected]

Contact Historical & Special Collections at [email protected]

Meet with Us Schedule an online consult with a Librarian

Hours Library Hours

Classes View Training Calendar or Request an Insta-Class

Text Ask a Librarian, 617-702-2728

Call Reference & Research Services, 617-495-4516

Last Updated: Sep 12, 2023 10:46 AM
URL: https://guides.library.harvard.edu/studentpapers

Harvard University Digital Accessibility Policy

Stanford Law School | Robert Crown Law Library

Stanford Law School's Theses and Dissertations Collection

Early Thesis and Dissertation of Stanford Law School, 1929 to 1956
Theses and Dissertations of Stanford Law School,1970-1995
Stanford Program in International Legal Studies’ Theses, 1996 to 2010
Stanford Law School’s Dissertations, 1996 to 2010
Stanford Program in International Legal Studies Theses, 2011 to 2025

Collection Description

This collection contains Stanford Law School Students’ theses and dissertations written to fulfill the academic requirements for advanced degrees. Historically, the collection of Theses and Dissertations were produced as part of the requirement coursework for receiving a Master of Laws (1933-1969), a Juris Doctor (1906-1932), or a Doctor of Jurisprudence.

Currently, works received from students are produced under two different graduate programs. Thesis are works were produced as part of the requirement for the Stanford Program in International Legal Studies (SPILS). SPILS was established in 1995 by Professors Lawrence Friedman and Thomas C. Heller, to educate international students, lawyers, judges, public officials, and other professionals trained in the study of law outside the United States. Students in the SPILS Program are required to do interdisciplinary research that affects the global community. The culmination of this program is a research project that each individual student develops over the course of the year under a faculty advisor, after which the earns a Master of the Science of Law degree. The research project must demonstrate the student's ability to employ empirical methods of investigation and must addresses issues in the international community or within a specific country. These can cover a large range of topics that analyze legal cultures, legal reforms, or public policy.

Dissertations are produced under Doctor of Science of Law program or JSD. The JSD program as we know it was revised for the Doctor of Jurisprudence in 1969 is designed for students who are interested in pursuing an academic career. Doctor of Science of Law Students are selected from the Stanford Program in International Legal Studies and those who have a postgraduate degree in Legal Studies.

All materials in this collection were donated by individual authors to the Stanford Law Library's Special Collections.

Collection Identity Number: LAW-3781

Finding Aid prepared by

Robert Crown Law Library Stanford, CA 94305-8610 Phone: 650.723-2477

Last Updated: Dec 18, 2023 9:02 AM
URL: https://guides.law.stanford.edu/c.php?g=1087208

Stanford Home
Maps & Directions
Search Stanford
Emergency Info
Terms of Use
Non-Discrimination
Accessibility

Thesis Helpers

Find the best tips and advice to improve your writing. Or, have a top expert write your paper.

Outstanding Law Thesis Topics for Law Students

At some point, every law student in the UK and US universities is required to write a thesis or dissertation. In many cases, it is the last hurdle before graduating from a law graduate school. This requirement evokes excitement and horror in equal measures. On the one hand, it is a unique opportunity to interrogate an area of interest academically, but on the other end, it is a monumental responsibility. Therefore, where do you even start? The answer is the ‘topic.’

Because a dissertation is a long piece of writing, the topic you select is very crucial. It will determine how easy or difficult the journey of writing your thesis will be. But how do you even come up with great legal topics to write about?

The first step to picking great law thesis topics is narrowing to areas of interest. In this post, we are going to help you cut to the chase by outlining outstanding legal thesis topics that you can use today. Do not just settle for any topic, go for the best!

Why Scholars Should Choose the Best Law Dissertation Topics

The law thesis topic you select can make or break your dream career. Therefore, no effort should be spared in getting a good topic and crafting a thesis that will catapult you to the next level of your career. Here are some benefits of identifying and working with the best law dissertation topic.

A great thesis topic allows you to explore the areas that are lacking in the legal profession. Well, you have the opportunity to fill the gap and make a name for yourself.
A good dissertation topic offers you the opportunity to work on an area of interest. Unlike other areas of your study, this is the only opportunity where you have the freedom to choose. Therefore, select what you associate with and fancy more.
The topic you select will determine how easy or hard it will be to prepare your thesis. With this in mind, you should go for interesting law topics that have enough resources. If you select the topics with no resources, there is a risk of getting stuck at some point.
Interesting legal topics to write about also make it easy to defend the thesis. When selecting the topic, it is important to understand that at the end of it, you will be required to defend the thesis. You should only go for the topic that you can easily defend and grab that degree, masters, or PhD accreditation that you have been yearning for years.

Now that you know why you should only go for the best topics, we are going to list the best topics that you should consider in legal studies.

Criminal Law Thesis Topics

Criminal law is an area of legal study and practice that defines what constitutes crime and prosecution of those who commit such crimes. Crime is considered an act or omission of an action that violates a law that forbids or commands it.

As you select legal topics for research papers or a thesis in criminal law, it is important to appreciate that the branch of law is broken into two main categories – misdemeanor and felony. Misdemeanors are crimes considered of low level, and that attracts penalties of less than one-year jail-term. On the other hand, a felony is a more serious crime. Felonies include crimes such as robbery with violence, murder, dealing with drugs, and manslaughter. Here are some great dissertation topics in criminal law.

A comprehensive evaluation of male and female rape legislations: What are the key differences?
Analyzing the use of lie detectors in criminal justice: How effective are the lie detectors?
Evaluating the misuse of manslaughter laws in the US: What are the best ways to protect victims?
Evaluating crime-related factors that should not be presented in a court of law.
What are the best ways to protect witnesses from retaliation in criminal cases?
A deeper look at the history of the death penalty.
A thematic review of criminal theory: Exploring the link between crime and morality.
An investigation into the challenges of identifying nature and distribution of crime: A case study of London.
Use of anonymity in sexual offences lawsuits: How to strike a balance between the rights of defendants and victims.
What are the implications of the war on terror on the enforcement of criminal law: A case study of the US.
Evaluating cases of racial prejudice among the prisoners in the US.
Analyzing the relationship between Islamic criminal law and human rights.

International Law Research Topics

International law is a comprehensive body of norms, standards, and rules that are used between legally recognized international states. The term was first used between 1748 and 1832 by Jeremy Bentham, an English philosopher. It is an interesting area to derive international business law topics because you are able to look at and deal with real problems that face the globe and individual states today.

You can focus your study on things such as war, peace, diplomacy, and economic trade issues. When selecting dissertation topics in international law, it is prudent to appreciate that the discipline has been greatly influenced by ethical principles, especially in the realms of human rights. Here are some great international law topics that you should consider:

Assessing the challenges faced by different parties when applying the Vienna Convention on Contracts for the International Sale of Goods (CISG).
Evaluating the future of consumer protection in the post-Brexit era.
Assessing history and future possibilities of the US and UK military cooperation in addressing terror.
Evaluating situations in law when a country is allowed by international law to intervene in the affairs of other countries.
Comparing gaps in human rights law: A closer look at the UK.
Did the US involvement in Iraq provide justice or violate the law?
What are the problems of enforcing international law in developing countries? A case study of South Africa and India.
Evaluating the efficiency of International Tribunals in solving war crimes.
Rethinking the principles used to formulate international criminal laws.
Assessing the relationship between public safety and civil liberties in international laws.
Digital and internet legislation: Forecasting the future.
International Human Rights Court Hearings: Evaluating the importance of precedence.

Legal Dissertation Topics in Family Law

If you have an interest in legal relationships at the family level, it is advisable to look for dissertation topics in family law. Family law is an area of legal practice that focuses on matters surrounding family relationships. By picking a thesis topic in family law, you will be honing your skills in dealing with issues such as divorce, adoption, and child custody.

Note that according to family law, individual states have their rights to determine the requirements for marriage, including things such as age, legal capacity, and procedures of different things such as marriage and divorce. Therefore, there are very many areas you can focus your dissertation on. Here are some great thesis topics to consider in family law:

Reviewing the major changes of family law in the last 50 years: A case study of the UK.
Assessing human rights in states that follow religious laws for families: A case study of India.
Analyzing the impact of culture on family lawsuits: A case study of Manchester, UK.
Domestic violence: Evaluating the repercussions for males vs. females.
Making decisions in divorce cases: Establishing to what extent the child’s desire to stay with one party should influence the decisions made by the courts.
Evaluating the impacts of the law on divorce: Has it increased the cases of divorce or reduced them?
What are the legal implications of child neglect in the US: A systematic review of literature
Evaluating the compatibility of child justice with family justice: A case study of the UK.
Assessing the factors that hinder couples from pursuing a divorce.
Is it time to reform US family law?
Analyzing the legal foundations of parenting and civil partnerships.

Employment Law Dissertation Topics

Employment law is another broad area of legal practice that focuses on employer-employee relationships. If a business has several employees (more than one), it is likely to apply employment law in one area or another. This legal niche comprises of both federal and state laws, and further hinges other subjects such as workers’ rights. This means that if you target employment law for your dissertation, there is a very wide area to pick the topic of choice.

In employment law, it is not simply about understanding which law to apply. In addition, you need to know when a specific law covers a subject, and at what point to seek help from an attorney. Some of the areas that you can base your employment law dissertation include workers’ compensation, labor relations, immigration, social security, wrongful termination, minimum wage, employee benefits, and employment discrimination. To help you with the chase, here are the top employment law dissertation topics that you should consider:

The convergence of employment laws and religion in the USA: A literature review.
Comparing the UK laws before and after exiting the European Union.
Analyzing the impact of trade unions and their work in the UK: What are their successes and challenges?
A comparative analysis of employment laws application in the automotive industry in the US and UK.
Are you secure in your job: A comprehensive review of employment contracts and job contracts in the US manufacturing industry.
Reviewing international firms’ law application and enforcement issues: A case study of Barclays Bank and Southwest Airlines.
Reviewing legal perspectives of social work employment: A case study of California, USA.
Employee dismissal: Comparing the legal basis for staff dismissal in the US and EU.
Equal employment opportunities: Comparing gender differences in the UK and US regulations.
Evaluating the efficiency of workplace sexual harassment: A case study of the US and UK.
A legal viewpoint of employee mobility between European Union countries.
A critical evaluation of the employment law of disabled individuals in the US. What policies should be integrated to enhance its efficiency?

Commercial Law Dissertation Topics

Commercial law is another broad area of legal practice that deals with laws related to persons, businesses, and merchants engaging in sales, trade, and commerce. In some cases, it is also referred to as commercial law. Indeed, it interacts with other areas including real estate, environmental regulation, and safety laws.

To pick a good commercial law dissertation topic, it is important to understand the common issues in the niche. Notably, commercial laws are associated with distinct issues relating to transactions between businesses as well as with their clients. The most notable is the breach of contract by one or both parties. Other issues you can focus on when selecting the commercial law topic include:

Issues related to unfair competition.
Disputes and violations related to advertising and marketing.
Complexities associated with starting new businesses.
Consumer complaints about businesses and business practices.
Trade secrets.

When an issue in commercial law is raised, it is resolved depending on the nature of the conflict, or type of violation. The following are some great commercial legal thesis topics you should consider:

Evaluating the effectiveness of commercial law to support commercial transactions in the US.
Reviewing the US commercial laws: What should be changed or added?
Assessing the effectiveness of international commercial law programs in UK universities.
Reviewing the implications of international commercial law in UK commercial laws.
Reviewing the use of international commercial law in the energy projects across the globe.
Evaluating the commercial laws that should be used against dishonest managers.
A closer look at commercial partnerships: What are the dangers and potential results?
Evaluating the regulations aimed at stopping corruption: A case study of the UK.
A comprehensive analysis of pre-incorporation contracts: How do they work?
A comprehensive evaluation of arbitration under commercial law: A closer look at policy practice in the UK.
Assessing the mediating role of corporate social responsibility in companies’ performance.

Intellectual Property Law Thesis topics

Intellectual property law is a branch of law that deals with rules for enforcing legal rights, artistic works, designs, and inventions. The same way law protects personal property, so does it protect the control of intangible assets. The aim of this law is benefiting inventors for their creative works.

In the US constitution, Article 1, Section 8 empowers Congress with authority to issue inventors and authors exclusive rights to their works. And, it is not just the US. The UK, Germany, and the EU, among other countries, also have strong statutes crafted to protect intellectual property.

As a student of law, there are diverse areas you can focus on when selecting a topic in intellectual property law. You can focus on copyright that protects people’s rights to their creative work, patents that grant legal rights to original inventions, or trademarks. Others include industrial design rights, trade dress, and plant variety rights. Here are some great intellectual property law dissertation topics that you should consider.

A comprehensive assessment of the economic impacts of intellectual property rights: A case study of the UK.
Evaluating the extent and effectiveness of indigenous people’s intellectual rights protection in the US.
Can the emerging technological advancements operate smoothly with the current intellectual property laws in the US?
Demystifying the relationship between intellectual property laws and EU regulations?
Evaluating laws for intellectual property rights protection on the internet.
A deeper look at the innovation and patent model in the UK: Can the current highly stringent system drive innovation?
Does the EU copyright law provide ample balance between the needs of inventors and users?
Evaluating the fair dealing in terms of copyright law: A case study of the US.
Comparing and contrasting the intellectual property regimes in the UK and US.
Is the EU intellectual property law safe and fair for users and owners?
How has EU law impacted the intellectual property regime in the UK?
What more needs to be done to improve the effectiveness of the current intellectual property laws in the US?
Evaluating the implications of Brexit on the protection of intellectual property rights in the UK.

Medical Law Dissertation Topics

Medical law is a branch of law that focuses on the responsibilities and rights of medical professionals and patients. Like other legal areas, medical law has different areas that a scholar can focus on. The common area you can focus your dissertation on is confidentiality. Confidentiality between medical experts and patients can be traced back to the English Common Law. But it has recently been codified so that any information provided to a doctor during diagnosis or treatment cannot be released without the patient’s consent or unless the patient demonstrates intention for personal harm.

The other area of interest that you can base your dissertation on is negligence. It can relate to professional malpractice in diagnosing or treating patients resulting in death or injury. But it is important to appreciate that other torts also cross into the medical law field. For example, a medical professional can defame a patient by disclosing the wrong info. Here are some great medical dissertation topics that you should consider.

Should judges, handling medical-related disputes, undergo special education to make their judgments fact-based?
Evaluating the laws governing organ transplantation: A case study of the US.
Abortion: At what point should an embryo be considered capable of having feelings, and abortion should be forbidden?
Forced sterilization: Who should be targeted, and how should it be implemented?
Evaluating medical complications in surgeries: What is the best way to decide the responsible party?
Exploring the legal aspects of electronic fetal monitoring.
How do ethics and medical law coexist?
How do lawsuits affect medical practitioners’ commitment to offering lifesaving treatments?
Law application in medicine: Exploring the antecedents and practice.
Evaluating the ethical and legal challenges of using biobanks.
Can a medical practitioner remain neutral when treating a mental disorder?
Evaluating the effectiveness of animal cruelty punishment methods: A case study of Oregon, USA.
Unregistered medical intervention in the UK: What are the legal implications?

After Selecting Great Topics … The Writing Journey Has Just Began!

Once you have selected the best legal dissertation topic, your dissertation writing journey has just begun. Therefore, how do you do it? You need to start by creating the right dissertation structure and work with your supervisor. Then, start early enough and work on the dissertation step after step until it is completed.

But we are not going to lie here: writing a dissertation is a huge task. Many are the times that people have written dissertations, only to be told that they are wrong. You do not want to follow that route. Do you?

The sure way to ensure you have the best dissertation is seeking thesis writing help . The writing help is affordable and is offered by expert writers. And, you know what? They have been writing dissertations for years and know the best structure for a winning piece.

NOTE: The dissertation is your last shot at getting a nod to graduate with a master’s or PhD degree. Therefore, make sure to get the right topic and craft the best dissertation with writing help from experts.

Make PhD experience your own

Duke Law Scholarship Repository

Duke Law > Duke Law Scholarship Repository > Student Works > SJD Dissertations

Duke Law SJD Dissertations

Dissertations from 2022 2022.

Adaptive Regulation in India- Groundwater, Electric Vehicles, and Health Data , Rupanjali Karthik

Dissertations from 2021 2021

From Freedom of Speech to Information Capability , Tao Huang

Gender-Blind: International Human Rights on Abortion Through Irish Eyes , Christine A. Ryan

Dissertations from 2020 2020

Post-Crisis Financialization Through Product Innovation: Assessing Complexity, Growth & Design In Exchange Traded Funds , Ryan Clements

Institutional Choice and Targeted Killing: A Comparative Perspective , Elad D. Gil

The Margin of Appreciation as a Foreign Relations Law Doctrine , Elad D. Gil

Dissertations from 2019 2019

Crime, Judicial Discretion and Reconciliation: A Place for Christian Theology in Criminal Sentencing , Kevin Anthony Blazs

Totemic Functionalism in Foreign Affairs Law , Elad D. Gil

China's Approach to International Law as a Rising World Power: An Internal Dynamics Perspective , Chaoyi Jiang

Dissertations from 2018 2018

Adaptive Regulatory Impact Assessment: Beyond the Foresight-Hindsight Divide , Daniel Lima Ribeiro

Dissertations from 2017 2017

Banking Regulation in the Gulf Cooperation Council and Malaysia: A Model for Harmonizing Islamic Banking Law , Salman M. Alasiry

A Textbook Problem: Providing Open Educational Resources as Public Goods , Andrew Rens

Dissertations from 2016 2016

The Entrepreneurial Activity Across Diverse Regulatory Regimes: Promotion, Obstruction and Unintended Consequences of Business Startups' Regulations , Anas S. Albanyan

A Capability Approach to the Patent System , Julia Carbone

Circling the Behavior of Terrorist Supporters: A Comparative Study of the US and Israel , Shimrit Itay-Horev

Global-Peripheral Music: New Lessons for Reconciling Economic Development With Copyright Law and Practice , Ana Santos Rutschman

Dissertations from 2015 2015

Interdisciplinary Approaches to Constitutional Reasoning , Wen-Yu Chia

Beyond Area-Based Ocean Management , Xiao Recio Blanco

The Prosecution and Punishment of Atrocity Crimes in Perspective: A Comparative Study , Nir Shnaiderman

Market Discipline in the Post‐Crisis Banking System: A Proposed Collaborative Approach and Its Theoretical Application in China , Cheng-Yun Tsang

Dissertations from 2014 2014

A Social Psychological Perspective on the Decision-Making Processes of Trial Judges in Taiwan , Mong-Hwa Chin

Scandinavian Private Law: Nationalism, Realism, and Instrumentalist in Private Law , Rasmus Goksor

Brazil's Copyright Law Revision: Tropicália 3.0? , Pedro Paranaguá

Constitutionalizing Religion and Religious Freedom: A Comparative Study of Indonesia, Malaysia, and Sri Lanka , Dian Abdul Hamed Shah

A Theory of Ethical Copyright , Haochen Sun

Dissertations from 2013 2013

From the Digital Library of Babel to Microscopes for the Mind: Overcoming the Legal Obstacles to Mass Digitization Projects , Avraham Osterman

Dissertations from 2012 2012

Cumulative Creativity : From the Oral-Formulaic Tradition to Digital Remix , Giancarlo F. Frosio

Dissertations from 2011 2011

European Research Infrastructure Consortiums: Privately Ordered and Publicly Funded Research Commons for Data , Heather J. Ritch

Dissertations from 2010 2010

Interregional Recognition and Enforcement of Civil and Commercial Judgments: Lessons for China from US and EU Laws , Jie Huang

Dissertations from 2008 2008

Balancing Commitment and Flexibility at the WTO: Proposals for a New Safeguard Mechanism , Jaratrus Chamratrithirong

Dissertations from 2006 2006

Beyond Conviction: The Principles and Politics of Criminal Justice in Dealing with Human Rights Violations; A Theoretical and Contextual Inquiry , Dadimos Haile

Submissions from 2004 2004

Recognition and Enforcement of Foreign Intellectual Property Judgments: Analysis and Guidelines for a New International Convention , Yoav Oestreicher

Dissertations from 2003 2003

Corruption: Its Treatment Under International Law , Alejandro Posadas

Dissertations from 2001 2001

Intellectual Property Protection: The Public-Private Cooperative Organization , Pakvipa Ahviphan

A Comparative Analysis of Canadian and American Law Relating to the Preservation of the Confidentiality of Settlement and Mediation Discussions , Gail H. Forsythe

The Panoramic Theory: A Corporate Opportunity Doctrine for Anglo-New Zealand Law - Building on U.S. Insights , Struan Scott

Dissertations from 1999 1999

World Banking Revolution: The Legal Perspective , Way-Wen Yang

Dissertations from 1998 1998

The Constitutional Protection of Social Rights in Israel and the United States , Avraham Ortal

Dissertations from 1996 1996

Financial Liberalization and Internationalization: The Korean Experience , Dong Won Ko

Dissertations from 1994 1994

Perspectives of Foreign Bank Supervision: The U.S. Supervisory Regimes and Other Models , Xiaqiu Wang

Dissertations from 1993 1993

The Gulf Cooperation Council Stock Markets: Regulation, Problems and Integration: A Thesis , Mohammed Abdulrahman Al-Sheaibi

International Economic Integration and Mechanisms for International Dispute Settlement: The Case for a Permanent Tribunal for the Central American Common Market , Walter Niehaus-Bonilla

Corporate and Company Law Trends in the United States and the European Community: Freedom of Incorporation From the "Foreign" Perspective , Krešimir Piršl

Dissertations from 1990 1990

Mergers and Acquisitions: Motives, Effects and Policy Implications , Min-Kyo Lee

Dissertations from 1989 1989

Alternative Approaches to the Consideration of Surveillance of Relationship , Jiin-Fang Lin

The Constitutional Problem of Subversive Advocacy in the United States and Greece: A Comparison of the Legal Guarantees of the Freedom of Political Speech in Times of Internal Crisis , Ioannis Tassopoulos

Dissertations from 1987 1987

An Overview of the Policy and Legislation Governing Foreign Direct Investment, Transfer of Technology and Intellectual Property, Protection of the Republic of China (Taiwan): With Special Reference to the Impact of International Law and Agreements, Codes of Conduct, and the U.S. Trade Remedy Laws , Chin-Hsien Chen

Joint Criminal/Civil Actions as an Alternative to Criminal Restitution Orders: A Constitutional and Procedural Analysis , Huei Huang Lin

Dissertations from 1985 1985

Labor Conflicts and the Role of Lockouts From a Comparative Perspective: A Legal Study of American and German Approaches , Torsten Joachim Lange

Dissertations from 1980 1980

Terrorism: A Question of Law and Justice , Abdulrhman Hassan Al. Nafisah

Multinational Companies and Kuwait National Policy , Tamah S. Al-Shammari

Advanced Search

Notify me via email or RSS
Collections
Duke Law Authors
All Authors

Submissions

Duke law links.

Repository Home
Faculty Profiles

Duke University School of Law Accessibility Statement | Contact Duke Law | Duke University Home

leiden lawmethods portal

Formulating a research question.

Last update: April 21, 2022

The start of any research project lies with whatever it is you are interested in. It could be a specific topic, an event, a piece of legislation or any collection of facts and phenomena that puzzles you and triggers questions. The key is then to determine the research question that will guide your research. As with many parts of the research process, the research question can change and develop as you engage with the relevant literature and data. You don’t have to form a fixed research question at the very beginning of the research process. Nonetheless, it is essential to never lose sight of your research question. Your research question has implications for which methods will be used during the analysis and which central goals the study is set up to accomplish.

There are three main reasons why the formulation of the research question is essential for the research process and has to be done with great care:

Condensing the topic, you are interested in into a single question forces you to really get to what exactly it is you want to know and which key variables are involved.
Every research question requires a justification as to why it is being posed. Has this question not yet been answered definitively? Why is this question significant for the field?
The research question has to fit what you are actually doing in your work. A question that is too broad will make it impossible for you to sufficiently answer it. If your question is too specific, the answer might be uninteresting.

Research questions are often sorted into different categories. As with most categorizations, these types of questions differ depending on the field of study. The biggest fault lines when it comes to the different types of research questions lie (1) between normative and descriptive research, (2) within the latter between theoretical and empirical research, and (3) within empirical research between descriptive and explanatory questions. Toshkov (2016) differentiates descriptive, predictive, and explanatory research while Chui (2017) categorizes them as descriptive, exploratory, and explanatory. No matter which exact typology of research question you are working with, it is always helpful to reflect on these key fault lines. Is the goal of your research to determine what ought to be or study the world as it is ? Will you be doing theoretical or empirical work? If you are working with empirics, are you focusing on the collection of facts surrounding a phenomenon (What is happening? What has happened?) or are you trying to determine causal mechanisms and structures (Why is this happening? How has this happened?)?

If your research topic constitutes a lack of information on a phenomenon, a type of legal proceeding or a specific event for example, a descriptive research question underlines the objective of your research of collecting facts that would be necessary to set-up further analyses or theory building. Descriptive research can utilize a number of methodologies ranging from archival work, ethnographic participant observation to conducting large-N surveys examining one or multiple cases.

If you want to determine the how or why of a phenomenon or event, then you are aiming to uncover causal mechanisms or structures and hence require an explanatory research question. For a more detailed outline of the set-up of explanatory legal research, please refer to Jaroslaw Kantorowicz’s entry on “ Causality in Research Design ”.

Finally, a few guiding questions to keep in mind when (re)formulating your research question:

Is the question concise and grammatically as well as structurally formulated in a way that is easily understood?
Is the question open-ended?
Does the question reflect your research goal?
Is the question making use of normative language (and should it)?
Is the question researchable and can be feasibly answered within the scope of the study?
Does your research address everything mentioned in your research question?

Chui, W. H., & McConville, Michael. (2017). Research methods for law (2nd ed.). Edinburgh: Edinburgh Univ. P.

Dunleavy, P. (2015). Authoring a PhD: how to plan, draft, write and finish a doctoral thesis or dissertation. Basingstoke: Palgrave Macmillan education.

Halperin, S., & Heath, O. (2020). Political research: methods and practical skills (Third edition.).

Toshkov, D. (2016). Research design in political science.

Wellington, J., Bathmaker, A.-M., Hunt, C., McCulloch, G., & Sikes, P. (2005). Succeeding with Your Doctorate. In Succeeding with Your Doctorate. London: SAGE Publications.

IMAGES

How to Write International Law Dissertation Law Dissertation Help by
45 of the Most Interesting Medical Law Dissertation Topics by Law
Law dissertation titles examples
Law Dissertation Topics
160+ Interesting Law Dissertation Topics For Students
50+ Law Dissertation Topics for Students to Impress the Professor!

VIDEO

Empirical Research Based LL.M. Dissertation and Ph.D. (Law) Thesis Writing
THESIS/DISSERTATION: TIP 2
THESIS/ DISSERTATION: GAP IN KNOWLEDGE
THESIS/DISSERTATION: TIP 1
Answering your questions! (interview tips, entrance exam, scholarship, and more)
How to write chapter 1 for a dissertation project?

COMMENTS

Law Dissertation Topics
Example dissertation topic. Last modified: 3rd Oct 2019. This law area has 12 dissertation topics and ideas on tort, intellectual property and media law. Please use this material to help you in your law studies and to help craft your very own dissertation topic.... Browse through our latest law dissertation topics.
Law Dissertation Topics and Titles
More Law Dissertation Topics 2024. Topic 1: World Bank developmental projects and greater accountability. Topic 2: The right to bear arms: Rethinking the second amendment. Topic 3: Rethinking the international legal framework protecting journalists in war and conflict zones.
Legal Dissertation: Research and Writing Guide
This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied. The Law Library maintains a number of other ...
How to Write a First Class Law Dissertation
Chapter 1: Setting the scene. Depending on the nature of your dissertation, you may need to set the scene further. In a legal dissertation, by "scene" is meant the bits of law that are relevant to set up key arguments in the main body of the dissertation.
Law thesis and dissertation collection
Law thesis and dissertation collection. Browse By. By Issue Date Authors Titles Subjects Publication Type Sponsor Supervisors. Search within this Collection: ... Apart from the legal questions, related topics from other fields are also included to help put the legal matters into a broader context. Thus, before selected legal topics are analysed ...
Law Dissertations
Law Dissertations: A Step-by-Step Guide provides law students with all the guidance and information they need to complete and succeed in their LLB, LLM or law-related dissertation.Written in an accessible, clear format and with plenty of tools to help put the theory into practice, Laura Lammasniemi will show students how to make writing a law dissertation easy, without compromising ...
Law dissertations : a step-by-step guide
Abstract. Law Dissertations: A Step-by-Step Guide provides you with all the guidance and information you need to complete and succeed in your LLB, LLM or law-related dissertation. Written in a simple, clear format and with plenty of tools to help you to put the theory into practice, Laura Lammasniemi will show you how to make writing your law ...
Law Dissertation Topics for FREE
Company Law Dissertation Topics. There are numerous areas of interest in company law for producing an effective dissertation. Topics can include the Companies Act 2006's effectiveness, incorporation's benefits, limited liability, lifting the veil of incorporation, the raising of capital, and shareholder dividends payment.
Writing A Law Dissertation Methodology
This method of dissertation research aims to reduce the study of law to an essentially descriptive analysis of a large number of technical and co-ordinated legal rules to be found in primary sources. The primary aim of this method of research is to collate, organise and describe legal rules and to offer commentary on the emergence and ...
HLS Dissertations, Theses, and JD Papers
This is a guide to finding Harvard Law School ("HLS") student-authored works held by the Library and in online collections. This guide covers HLS S.J.D Dissertations, LL.M. papers, J.D. third-year papers, seminar papers, and prize papers. There have been changes in the HLS degree requirements for written work.
Stanford Law School's Theses and Dissertations Collection
Collection Description. This collection contains Stanford Law School Students' theses and dissertations written to fulfill the academic requirements for advanced degrees. Historically, the collection of Theses and Dissertations were produced as part of the requirement coursework for receiving a Master of Laws (1933-1969), a Juris Doctor (1906 ...
The Best Law Dissertation Topics In 2022 From Professionals
Therefore, there are very many areas you can focus your dissertation on. Here are some great thesis topics to consider in family law: Reviewing the major changes of family law in the last 50 years: A case study of the UK. Assessing human rights in states that follow religious laws for families: A case study of India.
International Law Dissertation Topic Examples
International Law Dissertation Topic Examples. 3rd Oct 2019 Law Dissertation Topic Reference this In-house law team. 1. In determining whether or not there exists a threat to the peace, a breach of the peace, or an act of aggression, the Security Council enjoys considerably broad discretionary powers. Discuss.
Duke Law SJD Dissertations
Dissertations from 2001 Intellectual Property Protection: The Public-Private Cooperative Organization, Pakvipa Ahviphan. A Comparative Analysis of Canadian and American Law Relating to the Preservation of the Confidentiality of Settlement and Mediation Discussions, Gail H. Forsythe. The Panoramic Theory: A Corporate Opportunity Doctrine for Anglo-New Zealand Law - Building on U.S. Insights ...
Formulating a Research Question
Formulating a Research Question. The start of any research project lies with whatever it is you are interested in. It could be a specific topic, an event, a piece of legislation or any collection of facts and phenomena that puzzles you and triggers questions. The key is then to determine the research question that will guide your research.
Elektrostal
Elektrostal. Elektrostal ( Russian: Электроста́ль) is a city in Moscow Oblast, Russia. It is 58 kilometers (36 mi) east of Moscow. As of 2010, 155,196 people lived there.
Elektrostal Map
Elektrostal is a city in Moscow Oblast, Russia, located 58 kilometers east of Moscow. Elektrostal has about 158,000 residents. Mapcarta, the open map.
Dissertations
The Whistle Blowers Protection Act: Issues for Whistleblower Protection. Example dissertation. Last modified: 24th Aug 2021. This article juxtaposes the drawbacks of the Act with the positives of the third-party internet whistle blower platforms such as WikiLeaks, and contends that it is the combination of a lack of legitimacy that pervades our whistle blower protection law and the perception ...
Elektrostal
Law #130/2004-OZ of October 25, 2004 On the Status and the Border of Elektrostal Urban Okrug, as amended by the Law #82/2010-OZ of July 1, 2010 On Amending the Law of Moscow Oblast "On the Status and the Border of Elektrostal Urban Okrug" and the Law of Moscow Oblast "On the Status and Borders of Noginsky Municipal District and the Newly ...
Family Law Dissertation Topic Examples
3rd Oct 2019 Law Dissertation Topic Reference this In-house law team. 1. The decision of K v K and child relocation: how the law has changed following the decision when a parent wishes to move abroad with children. The decision of K v K (2011) is indeed a landmark case which seized upon the opportunity to undertake a much-needed modernised ...
Elektrostal
Elektrostal, city, Moscow oblast (province), western Russia.It lies 36 miles (58 km) east of Moscow city. The name, meaning "electric steel," derives from the high-quality-steel industry established there soon after the October Revolution in 1917. During World War II, parts of the heavy-machine-building industry were relocated there from Ukraine, and Elektrostal is now a centre for the ...
Writing a Law Dissertation
A dissertation is intended to involve the student in a sustained period of independent study. However, it is also expected that students will both use 'informants' (and other primary data sources) and the published literature (and other secondary data sources).

Useful Links

Law Dissertation Topics

2024 Law Dissertation Topics

Topic 2: Impact of Anti-Racism Employment Laws on Organisational Culture- A Comparative Study on the Anti-Racism Employment Laws in the US and Canada

Topic 3: Globalization, international business transactions, and commercial law- A perspective from literature.

Topic 4: Investigating the impact of competition law on the businesses in the UK- Post Brexit

Topic 5: A comparison between Islamic and contemporary laws against rape. Which law is the most effective in preventing this horrific crime?

Law Dissertation Topics For Covid Crisis

Topic 2: Effect of COVID-19 on the United States Immigration policies; an assessment of International Legal agreements governing pandemic disease control and the way forward.

Topic 3: Creating legal policies in preparedness for the global pandemic; lessons from COVID-19 on Canadian immigration policies.

Topic 4: The need for uniformity of competition law and policy in Gulf Cooperation Council Countries; An approach to the European Union standard.

Topic 5: The need for competition law and policy enforcement; An analysis of the Gulf Cooperation Council Countries.

Topic 6: Provisions of the law on rape, the need to expand its coverage on the misuse of its provisions, and false accusations.

Topic 7: Summary dismissal of workers during the COVID-19 pandemic, the legal implications under the labour law, and the way forward. The case study of Nigeria

Topic 8: A legal assessment of the settlement of international disputes through the peaceful process and its effectiveness

Topic 9: The protection of minority shareholders and the majority shareholders' power in Companies, a critical analysis of the Nigerian Companies and Allied Matters Act provisions.

More Law Dissertation Topics 2024

Topic 2: The right to bear arms: Rethinking the second amendment

Topic 3: Rethinking the international legal framework protecting journalists in war and conflict zones.

Topic 4: A critical analysis of employment law of disabled individuals in the UK and what new policies can be integrated to increase its efficiency.

Topic 5: A critical evaluation of racial discrimination laws in developed countries and how it impacts the workplace environment

Topic 6: A comparative analysis of legislation, policy, and guidelines of domestic abuse between UK and USA.

Topic 7: Analyzing the negative impact of technology in protecting the intellectual property rights of corporations.

Topic 8: A critical assessment of the terrorism act of 2010 and its impact on Muslims living around the globe.

Trust Law Dissertation Topics

How Can ResearchProspect Help?

European Law Dissertation Topics

Family Law Dissertation Topics

Employment Law Dissertation Topics

Order a Proposal

Commercial Law Dissertation Topics

Criminal and Evidence Law Dissertation Topics

Company Law Dissertation Topics

Hire an Expert Writer

Intellectual Property and Tort Law Dissertation topics

Human Rights and Immigration Law

Pandemic Law Dissertation Topics

More Law Dissertation Topics

Hire an Expert Plagiriasm Checker

How to Structure your Law Dissertation

About ResearchProspect Ltd

Free Dissertation Topic

Frequently Asked Questions

You May Also Like

Legal Dissertation: Research and Writing Guide

About This Page

Related Guides

Choosing a Topic

Research Methodology

Comparative

Drafting The Methodology Section

Literature Review

Research Guides

Secondary Sources

Citation and Writing Style

How to Write a First Class Law Dissertation – Complete Guide

How to write a first class legal dissertation: Content and Structure

Related Posts

Exciting News: Our Guide to AI for Law Firms Just Got Better!

Edinburgh Research Archive

Law thesis and dissertation collection

Recent Submissions

University of Warwick Publications service & WRAP

The Library

Available Versions of this Item

Repository staff actions (login required)

Law Dissertation Topics

Criminal Law Dissertation Topics

Family Law Dissertation Topics

You may also like

HLS Dissertations, Theses, and JD Papers

Prize Papers

Contact Us!

Stanford Law School's Theses and Dissertations Collection

Collection Description

Finding Aid prepared by

Outstanding Law Thesis Topics for Law Students

Why Scholars Should Choose the Best Law Dissertation Topics

Criminal Law Thesis Topics

International Law Research Topics