1st class dissertation examples

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Dissertation examples

Listed below are some of the best examples of research projects and dissertations from undergraduate and taught postgraduate students at the University of Leeds We have not been able to gather examples from all schools. The module requirements for research projects may have changed since these examples were written. Refer to your module guidelines to make sure that you address all of the current assessment criteria. Some of the examples below are only available to access on campus.

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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!

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How to Write a First Class Dissertation

How to get a first in your dissertation.

A dissertation paper has two main goals: to prove that the student has acquired extensive knowledge about a selected topic and to demonstrate the student's ability of using pertinent research methods. Knowing how to write a first class dissertation implies a level of knowledge and training fit for future academic endeavours, as well as for achieving professional or personal goals.

A first class dissertation is a research paper of the utmost quality, with a final grade of at least 70 percent. This implies that the paper will show signs of excellence when it comes to clarity, presentation, originality and understanding of the key issues; furthermore, a first class dissertation gives evidence for the student's independent manner of thinking and judgement. Furthermore, when learning how to write a first class dissertation, students need to acknowledge the importance of constant communication with their supervisors. The steady feedback offered this way would assure that any problems encountered during their research would be dealt with immediately. Avoiding one's supervisor is thus a costly mistake, often resulting in the student receiving a second or third class grade for his or her dissertation.

Writing the Dissertation Paper

A student who knows how to write a first class dissertation is able to understand and apply the knowledge offered by his bibliographical sources in a creative manner that demonstrates critical thinking and originality. Furthermore, a first class dissertation requires an excellent use of writing skills when constructing the arguments and bringing the evidence for a certain point of view. The chosen bibliographic materials need to be of the utmost relevance and recency, regardless of the where the student has acquired them from (Internet websites, libraries, etc.).

Generally, a dissertation consists of several separate sections:

• The introduction should provide a background of the chosen study. A well-written thesis needs to be introduced within this section. A student who knows how to write a first class dissertation needs to be able to attract and prepare his readers for the content of the paper. By emphasising on the goals and objectives the dissertation aims to achieve, the author makes the audience more perceptive to the arguments brought within the paper. A good hint would be to edit your introduction once the paper is finished, as this is one of the most difficult parts to write of an academic paper.
• The literature review is the second part of the paper; in it, the author underlines the problems that are going to be discussed, presenting every relevant piece of evidence. By analysing the theories presented by the specialised literature, you will prepare the grounds for the next section of the dissertation, the methodology.
• The methodology enlarges on every specific method of data analysis used in the thesis. Knowing how to write a first class dissertation implies using qualitative research methods, rather than quantitative ones. Furthermore, a research design needs to be specified, along with a timetable that identifies the number of days and weeks spent studying every aspect of the discussion. The methods of analysing the data also need to be specified. Overall, the better the author explains the methods and processes he used for bringing evidence to his thesis, the more credible his paper will be.

A good academic impression is built by offering arguments for all the pros and cons related to the subject of the thesis. Someone who knows how to write a first class dissertation will bring evidence both for and against the subject he aims to prove, and will not refrain from admitting the limitations of his study. Furthermore, every table, statistic, figure or chart needs to be thoroughly explained; failure to do so will result in losing valuable marks.

• The conclusion provides a recap of the whole discussion and brings it to a satisfactory end. Every current issue related to the chosen research topic is to be presented in this section, without adding any new information that asks for additional explanations. A student who knows how to write a first class dissertation will also present the limitations he or she has encountered during the research, and direct the reader to other recommended studies that can provide additional information about the subject. A good conclusion offers a sense of closure to the paper and reinforces the author's credibility at the same time; like the introduction, the conclusion is a section students find quite difficult to construct.
• Lastly, the works cited page and the appendix are added at the end of the dissertation. Pay attention to the formatting style you have chosen; any inadvertencies will automatically lead to the loss of valuable marks.

Use of Language, Style and Formatting

Aiming for a top mark requires paying proper attention to language and style. A first-class academic paper should be written in a formal style, using the appropriate terminology.

A student who knows how to write a first class dissertation will avoid colloquial and informal expressions; however, an excessive use of scientific terminology or technical language is undesirable. Clear, concise sentences are the most appropriate for making oneself understood. A pompous style employing lengthy sentences will probably diminish the interest of the reader.

Furthermore, avoid using the first person in your text; “the researcher/author” is commonly used in academic papers when referring to the person who has devised the thesis. Furthermore, words that express qualitative judgments (such as “bad”, “good”, “perfect”, etc) should be avoided, “correct” or “incorrect” being more fit for presenting your arguments or opinions.

The specifications of the formatting style needs to be respected at all times. Usually, academic papers employ the Harvard or APA style, but instructors may specify the use of other referencing standards.

Lastly, proofread and spell-check the text. If you can show the paper to a native English speaker, do so, asking him or her to tell you where you might improve on your use of language. If you know how to write a first class dissertation, then you know that incorrect use of language and grammar will lower your marks. For the best results, consider using our proofreading and editing section ; furthermore, the dissertation writing section can help you by offering well-written dissertation you can use as models during future academic endeavours.

[button url="http://www.academicsciences.co.uk/wp-content/uploads/2012/10/How-to-Write-a-First-Class-Dissertation.pdf" ]To download this guide for free, click here![/button]

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Students in the School of Economics at the University of Nottingham consistently produce work of a very high standard in the form of coursework essays, dissertations, research work and policy articles.

Below are some examples of the excellent work produced by some of our students. The authors have agreed for their work to be made available as examples of good practice.

Undergraduate dissertations

• The Causal Impact of Education on Crime Rates: A Recent US Analysis . Emily Taylor, BSc Hons Economics, 2022
• Does a joint income taxation system for married couples disincentivise the female labour supply? Jodie Gollop, BA Hons Economics with German, 2022
• Conditional cooperation between the young and old and the influence of work experience, charitable giving, and social identity . Rachel Moffat, BSc Hons Economics, 2021
• An Extended Literature Review on the Contribution of Economic Institutions to the Great Divergence in the 19th Century . Jessica Richens, BSc Hons Economics, 2021
• Does difference help make a difference? Examining whether young trustees and female trustees affect charities’ financial performance. Chris Hyland, BSc Hons Economics, 2021

Postgraduate dissertations

• The impact of Covid-19 on the public and health expenditure gradient in mortality in England . Alexander Waller, MSc Economic Development & Policy Analysis, 2022
• Impact of the Child Support Grant on Nutritional Outcomes in South Africa: Is there a ‘pregnancy support’ effect? . Claire Lynam, MSc Development Economics, 2022
• An Empirical Analysis of the Volatility Spillovers between Commodity Markets, Exchange Rates, and the Sovereign CDS Spreads of Commodity Exporters . Alfie Fox-Heaton, MSc Financial Economics, 2022
• The 2005 Atlantic Hurricane Season and Labour Market Transitions . Edward Allenby, MSc Economics, 2022
• The scope of international agreements . Sophia Vaaßen, MSc International Economics, 2022

Thank you to all those students who have agreed to have their work showcased in this way.

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How To Write The Discussion Chapter

A Simple Explainer With Examples + Free Template

By: Jenna Crossley (PhD) | Reviewed By: Dr. Eunice Rautenbach | August 2021

If you’re reading this, chances are you’ve reached the discussion chapter of your thesis or dissertation and are looking for a bit of guidance. Well, you’ve come to the right place ! In this post, we’ll unpack and demystify the typical discussion chapter in straightforward, easy to understand language, with loads of examples .

Overview: The Discussion Chapter

• What  the discussion chapter is
• What to include in your discussion
• How to write up your discussion
• A few tips and tricks to help you along the way
• Free discussion template

What (exactly) is the discussion chapter?

The discussion chapter is where you interpret and explain your results within your thesis or dissertation. This contrasts with the results chapter, where you merely present and describe the analysis findings (whether qualitative or quantitative ). In the discussion chapter, you elaborate on and evaluate your research findings, and discuss the significance and implications of your results .

In this chapter, you’ll situate your research findings in terms of your research questions or hypotheses and tie them back to previous studies and literature (which you would have covered in your literature review chapter). You’ll also have a look at how relevant and/or significant your findings are to your field of research, and you’ll argue for the conclusions that you draw from your analysis. Simply put, the discussion chapter is there for you to interact with and explain your research findings in a thorough and coherent manner.

What should I include in the discussion chapter?

First things first: in some studies, the results and discussion chapter are combined into one chapter .  This depends on the type of study you conducted (i.e., the nature of the study and methodology adopted), as well as the standards set by the university.  So, check in with your university regarding their norms and expectations before getting started. In this post, we’ll treat the two chapters as separate, as this is most common.

Basically, your discussion chapter should analyse , explore the meaning and identify the importance of the data you presented in your results chapter. In the discussion chapter, you’ll give your results some form of meaning by evaluating and interpreting them. This will help answer your research questions, achieve your research aims and support your overall conclusion (s). Therefore, you discussion chapter should focus on findings that are directly connected to your research aims and questions. Don’t waste precious time and word count on findings that are not central to the purpose of your research project.

As this chapter is a reflection of your results chapter, it’s vital that you don’t report any new findings . In other words, you can’t present claims here if you didn’t present the relevant data in the results chapter first.  So, make sure that for every discussion point you raise in this chapter, you’ve covered the respective data analysis in the results chapter. If you haven’t, you’ll need to go back and adjust your results chapter accordingly.

If you’re struggling to get started, try writing down a bullet point list everything you found in your results chapter. From this, you can make a list of everything you need to cover in your discussion chapter. Also, make sure you revisit your research questions or hypotheses and incorporate the relevant discussion to address these.  This will also help you to see how you can structure your chapter logically.

Need a helping hand?

How to write the discussion chapter

Now that you’ve got a clear idea of what the discussion chapter is and what it needs to include, let’s look at how you can go about structuring this critically important chapter. Broadly speaking, there are six core components that need to be included, and these can be treated as steps in the chapter writing process.

Step 1: Restate your research problem and research questions

The first step in writing up your discussion chapter is to remind your reader of your research problem , as well as your research aim(s) and research questions . If you have hypotheses, you can also briefly mention these. This “reminder” is very important because, after reading dozens of pages, the reader may have forgotten the original point of your research or been swayed in another direction. It’s also likely that some readers skip straight to your discussion chapter from the introduction chapter , so make sure that your research aims and research questions are clear.

Step 2: Summarise your key findings

Next, you’ll want to summarise your key findings from your results chapter. This may look different for qualitative and quantitative research , where qualitative research may report on themes and relationships, whereas quantitative research may touch on correlations and causal relationships. Regardless of the methodology, in this section you need to highlight the overall key findings in relation to your research questions.

Typically, this section only requires one or two paragraphs , depending on how many research questions you have. Aim to be concise here, as you will unpack these findings in more detail later in the chapter. For now, a few lines that directly address your research questions are all that you need.

Some examples of the kind of language you’d use here include:

• The data suggest that…
• The data support/oppose the theory that…
• The analysis identifies…

These are purely examples. What you present here will be completely dependent on your original research questions, so make sure that you are led by them .

Step 3: Interpret your results

Once you’ve restated your research problem and research question(s) and briefly presented your key findings, you can unpack your findings by interpreting your results. Remember: only include what you reported in your results section – don’t introduce new information.

From a structural perspective, it can be a wise approach to follow a similar structure in this chapter as you did in your results chapter. This would help improve readability and make it easier for your reader to follow your arguments. For example, if you structured you results discussion by qualitative themes, it may make sense to do the same here.

Alternatively, you may structure this chapter by research questions, or based on an overarching theoretical framework that your study revolved around. Every study is different, so you’ll need to assess what structure works best for you.

When interpreting your results, you’ll want to assess how your findings compare to those of the existing research (from your literature review chapter). Even if your findings contrast with the existing research, you need to include these in your discussion. In fact, those contrasts are often the most interesting findings . In this case, you’d want to think about why you didn’t find what you were expecting in your data and what the significance of this contrast is.

Here are a few questions to help guide your discussion:

• How do your results relate with those of previous studies ?
• If you get results that differ from those of previous studies, why may this be the case?
• What do your results contribute to your field of research?
• What other explanations could there be for your findings?

When interpreting your findings, be careful not to draw conclusions that aren’t substantiated . Every claim you make needs to be backed up with evidence or findings from the data (and that data needs to be presented in the previous chapter – results). This can look different for different studies; qualitative data may require quotes as evidence, whereas quantitative data would use statistical methods and tests. Whatever the case, every claim you make needs to be strongly backed up.

Step 4: Acknowledge the limitations of your study

The fourth step in writing up your discussion chapter is to acknowledge the limitations of the study. These limitations can cover any part of your study , from the scope or theoretical basis to the analysis method(s) or sample. For example, you may find that you collected data from a very small sample with unique characteristics, which would mean that you are unable to generalise your results to the broader population.

For some students, discussing the limitations of their work can feel a little bit self-defeating . This is a misconception, as a core indicator of high-quality research is its ability to accurately identify its weaknesses. In other words, accurately stating the limitations of your work is a strength, not a weakness . All that said, be careful not to undermine your own research. Tell the reader what limitations exist and what improvements could be made, but also remind them of the value of your study despite its limitations.

Step 5: Make recommendations for implementation and future research

Now that you’ve unpacked your findings and acknowledge the limitations thereof, the next thing you’ll need to do is reflect on your study in terms of two factors:

• The practical application of your findings
• Suggestions for future research

The first thing to discuss is how your findings can be used in the real world – in other words, what contribution can they make to the field or industry? Where are these contributions applicable, how and why? For example, if your research is on communication in health settings, in what ways can your findings be applied to the context of a hospital or medical clinic? Make sure that you spell this out for your reader in practical terms, but also be realistic and make sure that any applications are feasible.

The next discussion point is the opportunity for future research . In other words, how can other studies build on what you’ve found and also improve the findings by overcoming some of the limitations in your study (which you discussed a little earlier). In doing this, you’ll want to investigate whether your results fit in with findings of previous research, and if not, why this may be the case. For example, are there any factors that you didn’t consider in your study? What future research can be done to remedy this? When you write up your suggestions, make sure that you don’t just say that more research is needed on the topic, also comment on how the research can build on your study.

Step 6: Provide a concluding summary

Finally, you’ve reached your final stretch. In this section, you’ll want to provide a brief recap of the key findings – in other words, the findings that directly address your research questions . Basically, your conclusion should tell the reader what your study has found, and what they need to take away from reading your report.

When writing up your concluding summary, bear in mind that some readers may skip straight to this section from the beginning of the chapter.  So, make sure that this section flows well from and has a strong connection to the opening section of the chapter.

Tips and tricks for an A-grade discussion chapter

Now that you know what the discussion chapter is , what to include and exclude , and how to structure it , here are some tips and suggestions to help you craft a quality discussion chapter.

• When you write up your discussion chapter, make sure that you keep it consistent with your introduction chapter , as some readers will skip from the introduction chapter directly to the discussion chapter. Your discussion should use the same tense as your introduction, and it should also make use of the same key terms.
• Don’t make assumptions about your readers. As a writer, you have hands-on experience with the data and so it can be easy to present it in an over-simplified manner. Make sure that you spell out your findings and interpretations for the intelligent layman.
• Have a look at other theses and dissertations from your institution, especially the discussion sections. This will help you to understand the standards and conventions of your university, and you’ll also get a good idea of how others have structured their discussion chapters. You can also check out our chapter template .
• Avoid using absolute terms such as “These results prove that…”, rather make use of terms such as “suggest” or “indicate”, where you could say, “These results suggest that…” or “These results indicate…”. It is highly unlikely that a dissertation or thesis will scientifically prove something (due to a variety of resource constraints), so be humble in your language.
• Use well-structured and consistently formatted headings to ensure that your reader can easily navigate between sections, and so that your chapter flows logically and coherently.

If you have any questions or thoughts regarding this post, feel free to leave a comment below. Also, if you’re looking for one-on-one help with your discussion chapter (or thesis in general), consider booking a free consultation with one of our highly experienced Grad Coaches to discuss how we can help you.

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36 Comments

Thank you this is helpful!

This is very helpful to me… Thanks a lot for sharing this with us 😊

This has been very helpful indeed. Thank you.

This is actually really helpful, I just stumbled upon it. Very happy that I found it, thank you.

Me too! I was kinda lost on how to approach my discussion chapter. How helpful! Thanks a lot!

This is really good and explicit. Thanks

Thank you, this blog has been such a help.

Thank you. This is very helpful.

Dear sir/madame

Thanks a lot for this helpful blog. Really, it supported me in writing my discussion chapter while I was totally unaware about its structure and method of writing.

With regards

Syed Firoz Ahmad PhD, Research Scholar

I agree so much. This blog was god sent. It assisted me so much while I was totally clueless about the context and the know-how. Now I am fully aware of what I am to do and how I am to do it.

Thanks! This is helpful!

thanks alot for this informative website

Dear Sir/Madam,

Truly, your article was much benefited when i structured my discussion chapter.

Thank you very much!!!

This is helpful for me in writing my research discussion component. I have to copy this text on Microsoft word cause of my weakness that I cannot be able to read the text on screen a long time. So many thanks for this articles.

This was helpful

Thanks Jenna, well explained.

Thank you! This is super helpful.

Thanks very much. I have appreciated the six steps on writing the Discussion chapter which are (i) Restating the research problem and questions (ii) Summarising the key findings (iii) Interpreting the results linked to relating to previous results in positive and negative ways; explaining whay different or same and contribution to field of research and expalnation of findings (iv) Acknowledgeing limitations (v) Recommendations for implementation and future resaerch and finally (vi) Providing a conscluding summary

My two questions are: 1. On step 1 and 2 can it be the overall or you restate and sumamrise on each findings based on the reaerch question? 2. On 4 and 5 do you do the acknowlledgement , recommendations on each research finding or overall. This is not clear from your expalanattion.

Please respond.

This post is very useful. I’m wondering whether practical implications must be introduced in the Discussion section or in the Conclusion section?

Sigh, I never knew a 20 min video could have literally save my life like this. I found this at the right time!!!! Everything I need to know in one video thanks a mil ! OMGG and that 6 step!!!!!! was the cherry on top the cake!!!!!!!!!

Thanks alot.., I have gained much

This piece is very helpful on how to go about my discussion section. I can always recommend GradCoach research guides for colleagues.

Many thanks for this resource. It has been very helpful to me. I was finding it hard to even write the first sentence. Much appreciated.

Thanks so much. Very helpful to know what is included in the discussion section

this was a very helpful and useful information

This is very helpful. Very very helpful. Thanks for sharing this online!

it is very helpfull article, and i will recommend it to my fellow students. Thank you.

Superlative! More grease to your elbows.

Powerful, thank you for sharing.

Wow! Just wow! God bless the day I stumbled upon you guys’ YouTube videos! It’s been truly life changing and anxiety about my report that is due in less than a month has subsided significantly!

Simplified explanation. Well done.

The presentation is enlightening. Thank you very much.

Thanks for the support and guidance

This has been a great help to me and thank you do much

I second that “it is highly unlikely that a dissertation or thesis will scientifically prove something”; although, could you enlighten us on that comment and elaborate more please?

Sure, no problem.

Scientific proof is generally considered a very strong assertion that something is definitively and universally true. In most scientific disciplines, especially within the realms of natural and social sciences, absolute proof is very rare. Instead, researchers aim to provide evidence that supports or rejects hypotheses. This evidence increases or decreases the likelihood that a particular theory is correct, but it rarely proves something in the absolute sense.

Dissertations and theses, as substantial as they are, typically focus on exploring a specific question or problem within a larger field of study. They contribute to a broader conversation and body of knowledge. The aim is often to provide detailed insight, extend understanding, and suggest directions for further research rather than to offer definitive proof. These academic works are part of a cumulative process of knowledge building where each piece of research connects with others to gradually enhance our understanding of complex phenomena.

Furthermore, the rigorous nature of scientific inquiry involves continuous testing, validation, and potential refutation of ideas. What might be considered a “proof” at one point can later be challenged by new evidence or alternative interpretations. Therefore, the language of “proof” is cautiously used in academic circles to maintain scientific integrity and humility.

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PPLS Library holds undergraduate Psychology dissertations submitted from 1947 to 2019. These are available on request from the librarian.  If you are unable to visit the library, the librarian can make a search on your behalf.  Since 2006 dissertations were submitted online to the Edinburgh Research Archive.  EASE login is required to see full-text.

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Prize-Winning Thesis and Dissertation Examples

Published on 9 September 2022 by Tegan George . Revised on 6 April 2023.

It can be difficult to know where to start when writing your thesis or dissertation . One way to come up with some ideas or maybe even combat writer’s block is to check out previous work done by other students.

This article collects a list of undergraduate, master’s, and PhD theses and dissertations that have won prizes for their high-quality research.

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Table of contents

Award-winning undergraduate theses, award-winning master’s theses, award-winning ph.d. dissertations.

University : University of Pennsylvania Faculty : History Author : Suchait Kahlon Award : 2021 Hilary Conroy Prize for Best Honors Thesis in World History Title : “Abolition, Africans, and Abstraction: the Influence of the “Noble Savage” on British and French Antislavery Thought, 1787-1807”

University : Columbia University Faculty : History Author : Julien Saint Reiman Award : 2018 Charles A. Beard Senior Thesis Prize Title : “A Starving Man Helping Another Starving Man”: UNRRA, India, and the Genesis of Global Relief, 1943-1947

University: University College London Faculty: Geography Author: Anna Knowles-Smith Award:  2017 Royal Geographical Society Undergraduate Dissertation Prize Title:  Refugees and theatre: an exploration of the basis of self-representation

University: University of Washington Faculty:  Computer Science & Engineering Author: Nick J. Martindell Award: 2014 Best Senior Thesis Award Title:  DCDN: Distributed content delivery for the modern web

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University:  University of Edinburgh Faculty:  Informatics Author:  Christopher Sipola Award:  2018 Social Responsibility & Sustainability Dissertation Prize Title:  Summarizing electricity usage with a neural network

University:  University of Ottawa Faculty:  Education Author:  Matthew Brillinger Award:  2017 Commission on Graduate Studies in the Humanities Prize Title:  Educational Park Planning in Berkeley, California, 1965-1968

University:  University of Ottawa Faculty: Social Sciences Author:  Heather Martin Award:  2015 Joseph De Koninck Prize Title:  An Analysis of Sexual Assault Support Services for Women who have a Developmental Disability

University : University of Ottawa Faculty : Physics Author : Guillaume Thekkadath Award : 2017 Commission on Graduate Studies in the Sciences Prize Title : Joint measurements of complementary properties of quantum systems

University:  London School of Economics Faculty: International Development Author: Lajos Kossuth Award:  2016 Winner of the Prize for Best Overall Performance Title:  Shiny Happy People: A study of the effects income relative to a reference group exerts on life satisfaction

University : Stanford University Faculty : English Author : Nathan Wainstein Award : 2021 Alden Prize Title : “Unformed Art: Bad Writing in the Modernist Novel”

University : University of Massachusetts at Amherst Faculty : Molecular and Cellular Biology Author : Nils Pilotte Award : 2021 Byron Prize for Best Ph.D. Dissertation Title : “Improved Molecular Diagnostics for Soil-Transmitted Molecular Diagnostics for Soil-Transmitted Helminths”

University:  Utrecht University Faculty:  Linguistics Author:  Hans Rutger Bosker Award: 2014 AVT/Anéla Dissertation Prize Title:  The processing and evaluation of fluency in native and non-native speech

University: California Institute of Technology Faculty: Physics Author: Michael P. Mendenhall Award: 2015 Dissertation Award in Nuclear Physics Title: Measurement of the neutron beta decay asymmetry using ultracold neutrons

University:  Stanford University Faculty: Management Science and Engineering Author:  Shayan O. Gharan Award:  Doctoral Dissertation Award 2013 Title:   New Rounding Techniques for the Design and Analysis of Approximation Algorithms

University: University of Minnesota Faculty: Chemical Engineering Author: Eric A. Vandre Award:  2014 Andreas Acrivos Dissertation Award in Fluid Dynamics Title: Onset of Dynamics Wetting Failure: The Mechanics of High-speed Fluid Displacement

University: Erasmus University Rotterdam Faculty: Marketing Author: Ezgi Akpinar Award: McKinsey Marketing Dissertation Award 2014 Title: Consumer Information Sharing: Understanding Psychological Drivers of Social Transmission

University: University of Washington Faculty: Computer Science & Engineering Author: Keith N. Snavely Award:  2009 Doctoral Dissertation Award Title: Scene Reconstruction and Visualization from Internet Photo Collections

University:  University of Ottawa Faculty:  Social Work Author:  Susannah Taylor Award: 2018 Joseph De Koninck Prize Title:  Effacing and Obscuring Autonomy: the Effects of Structural Violence on the Transition to Adulthood of Street Involved Youth

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Other students also liked, how to choose a dissertation topic | 8 steps to follow, how to write a thesis or dissertation conclusion, dissertation & thesis outline | example & free templates.

How to Write a First Class Dissertation

A dissertation paper is composed of 2 primary aims: first is to prove the student has taken a widespread know, how about a chosen theme to show of the pupil’s capacity to use important study approaches. The other one is to know how to write a first class dissertation that conveys the level of know how & training suited for all your academic goals in the next years to come, along with reaching your personal and professional aims.  A first class dissertation is a type of research paper of the highest quality; you can achieve around 70% of your final marking by the end of the school years. This indicates that the essay might show off some symbols of quality, in terms of lucidity, demonstration, uniqueness & comprehension of some important concerns,

Moreover, a first class type of dissertation provides pupils a proof in a liberated way of thinking and decision making at the same time. More, so when you learn how to write a first class dissertation , pupils must learn how to recognize the essence of endless communication with the superiors. The stable reaction obtainable this way will make sure that any kind of problem met with during the research should be dealt with right away. It is wrong to escape your superior and it will result in the pupils getting a 2 nd or 3 rd class grade for the dissertation.

Writing the dissertation paper

  Pupils who are familiar with the ways of how to write a first class dissertation can comprehend and apply the facts obtainable by his/her bibliographical foundations in an imaginative manner that shows some crucial thinking & innovation. More so, a first class type of dissertation mandates you to write the paper in an outstanding manner and be able to impose good writing skills when composing advises & taking the proof for a particular viewpoint. The selected bibliographic resources must be very much related, regardless of the location the pupil has taken from the web or libraries. Normally, a dissertation contains different separate parts:

• The introduction must give a background of the selected theme. A well written paper must be presented in the right part. A pupil who is familiar with the ways to compose a first class dissertation must know how to invite and make his readers well prepared for the paper’s content. The right indication may be to change the introduction as soon as you are done with the paper, since this is one of the hardest parts to write in an academic paper.
• The literature review is the 2 nd part of the essay; the author highlights the problems that will be discussed, showing some related pieces of proofs in it. By understanding the theories shown by the literature, you will prepare the basis for the succeeding part of the dissertation, this is the method.
• The method expands in every particular technique of the data analysis used in the paper. Learning the ways to work on a first class dissertation suggests the use of qualitative research techniques, more than the quantitative ones. Moreover, a research design must be very specific, with a timetable that classifies the number of days & weeks you have spent in learning every part of the argument. The method of checking the data must also be defined. As a whole, the paper will be more credible if the writer can explain the techniques used in processing for the proof of this paper.

A decent academic impression is created by presenting some opinions for the advantages and disadvantages linked to the subject of the paper. A person who knows the ways to compose a first class dissertation will provide a proof for and in contradiction with the subject he/she wish to justify, and will not abstain from accepting the restrictions of his/her study. Moreover, every table, statistic figures & charts must be well elaborated, if you will fail to do that, the paper will lose its value.

• The conclusion gives a summary of the entire argument & it brings it to a satisfying end. Each present problem linked to select a term must also be shown in this part, without additional new detail that asks for extra clarifications. A pupil who is familiar with the ways to compose a first class dissertation may also show some restrictions he/she has bumped into while working on the research; this must lead the reader to other optional studies that can give extra information about the topic.

A good type of conclusion must have a closer to the thesis & it must also support the credibility of the writer as well, close to the introduction, the conclusion is also a part that some pupils have a hard time composing. Lastly, the cited page along with the appendix is added at the latter part of the dissertation. The writer must give enough attention to the formatting style, because any carelessness will lead to loss of value of the paper.

Using of language, style and formatting

If you wish to get a high score, you need to pay close attention to the language & style of writing. A first class thesis must be well written in a formal style of writing with the use of the right terms. A pupil who is familiar with the ways to compose a first class dissertation will certainly prevent informal languages, on the other hand too much use of scientific terms or technical language is unwanted. Clear, accurate sentences are suitable for making your paper easy to understand. An arrogant type of writing will only indicate long sentences and it will later on loss the interest of the readers.

Moreover, do not use first person in the text, the words researcher and author are often used in an academic paper when it is about a person who has planned the thesis. Moreover, the words are expressed qualitative decisions like bad, good & perfect must not be used, while incorrect & correct will be more fit when it comes to presenting the advices or your thoughts. The stipulations of the formatting style must be well respected all the time. Normally, thesis uses Harvard & APA writing style, but some lecturers want a particular use of other referencing standards.

Lastly, you need to recheck your work for typos and grammar error. If you have the time, it will be better to show your paper in a native English speaker, you can ask where you went wrong in the paper and what may be changed in terms of the language used.

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Newspaper coverage of refugees from Mainland China between 1937 and 1941 in Hong Kong: A content analysis of the portrayal of refugees by Tai Kung Pao and The China Mail

This dissertation examines how two newspapers in Hong Kong – Tai Kung Pao and The China Mail – framed the refugee wave from Mainland China to Hong Kong between 1937 and 1941. The aim of this research is to fill the gap in an area of study which has not been inspected much by scholars and researchers and to provide a basic foundation for future studies to build on.

A quantitative content analysis was used as the research method and the research questions were looked at from three perspectives: the tone of the article (coded as hostile, neutral/factual and sympathetic), the content of the article (coded as human interest, responsibility, conflict, negative impact, positive impact, refugee management, refugee life and circumstance, traffic of refugees and morality) and the typology of the article (coded as news, feature, opinion and other).

A total of 155 articles were reviewed, in which 114 articles were from Ta Kung Pao , and 41 were from The China Mail . The research found that the two papers were generally compassionate to refugees, judging from the tone and content of the articles examined. The coverage of the two newspapers were similar in terms of their tone and type of articles (news articles were most detected) used when reporting stories related to the refugees. However, The China Mail ’s coverage was more comprehensive than that of Tai Kung Pao , as the paper employed a wider range of frames in its content.

Keywords : refugees, Hong Kong, newspapers, content analysis, framing, the Second Sino-Japanese War

Introduction

Situated on the southeast coast of China with only a river between the city and the Mainland, Hong Kong is widely considered a society of immigrants, the majority of whom come from Mainland China (Law and Lee, 2006). According to the most recent Hong Kong census which took place in 2011, 93.6% of the population in the city were of Chinese descent, and 31% were born in Mainland China (C&SD, 2012).

Historically, a large number of immigrants who moved to Hong Kong from the Mainland were, in reality, refugees who sought to run away from conflicts or to seek economic opportunities (Zhang, 2005). Multiple waves of Chinese refugees turned Hong Kong from a small fishing village with less than 10,000 inhabitants into a metropolitan with over 7 million citizens (C&SD, 2012; Fan, 1974).

Many of such refugee waves, like the one during the Cultural Revolution from 1967 to 1977, have already been studied extensively, but a number of them remain less examined by researchers, including the wave prior to the Japanese occupation of Hong Kong in 1941.

At the same time, even though the population of Hong Kong has always been dominated by ethnic Chinese people, it is also a former colony of the British Empire, meaning that it was governed and ruled by British elites between 1841 and 1997, excluding when it was occupied by the Empire of Japan for 44 months from 1941 to 1945 (Snow, 2003).

This distinctive fusion of the East and the West resulted in a booming newspaper industry in which both Chinese-owned newspapers and foreign- owned newspapers (mainly by British and American businessmen) flourished with substantial amounts of readers following the press (Ding, 2014).

In this sense, it is a good idea to study how newspapers in Hong Kong, no matter if they were owned by Chinese or foreign business people, would cover a Chinese refugee wave, given that Hong Kong was essentially a British-ruled society while the refugee waves generally had a heavy Chinese-oriented background. The fact that the one prior to the Japanese occupation of Hong Kong has not been studied from the angle of newspaper coverage before makes it a worthy topic to focus on, as this research has the potential to introduce a new area of study and provide a foundation for further research to build on.

This research is an attempt to study how Chinese-owned and foreign-owned newspapers in Hong Kong covered the refugee wave which spanned from 1937 to 1941, before the Empire of Japan occupied the city. This dissertation will start by examining the framing theory which serves as a foundation for the research. It will then provide a succinct overview of Chinese refugee waves in Hong Kong, particularly focusing on the one before the Japanese occupation.

The methodology chapter explains the rational behind the use of the quantitative content analysis method, in addition to how this particular research is developed and designed. The last chapter covers the findings and discussion, as well as a brief account of the limitations of this research.

Literature Review

As it has been mentioned in the previous chapter, this chapter will start by looking at Goffman’s framing theory and its application in news analysis, in order to present the theoretical framework of the research. It is then followed by an explanation of the background of refugees seeking asylum in Hong Kong during the Second Sino- Japanese War and the newspaper industry in Hong Kong during the time. Previous studies done on the issue and the gap this research aims to fill are also addressed in the chapter.

The Framing Theory

In the field of sociology, the concept of framing was first presented by Goffman (1974, p21), who defined frames as “schemata of interpretation” that individuals use to “locate, perceive, identify and label” events and occurrences so that they are able to understand them. Gitlin (1980) applied Goffman’s theory in his study exploring how the news media reported the Student New Movement that took place in the United States in the 1960s.

By comparing news media’s reportage of the events and the personal experience of activists who engaged in them directly, Gitlin found that the media ignored the movement’s message and its effective developments and trivialised it by emphasising on aspects that would make it look deleterious, such as its militancy and conspicuousness.

He defined frames as “persistent patterns of… presentation, selection, emphasis and exclusion” and concluded that they allow journalists to “process large amounts of information quickly and routinely” and “package it for efficient relay to their audiences” (Gitlin, 1980, p7). In order to work out a clear idea of how framing functions, Entman (1993) proposed that it fundamentally involves selection and salience. To frame an item, he established, is “to select aspects of a perceived reality and make them more salient in a communicating text” to highlight certain ways to define, interpret, evaluate and treat the item (Entman, 1993, p52).

However, Scheufele believed that framing influences the audience’s opinions, not by making certain features more salient, but “by invoking interpretive schemas that influence the interpretation of incoming information” (2000, p309). Though there are different ideas about how framing operates in practice, its purpose persists to be to manipulate how information could be received and interpreted.

Gitlin’s news analysis was the first time the framing theory was ever applied on communication research, and subsequently on news research (Ardèvol-Abreu, 2015). However, even before the publication of his study, Tuchman had already identified news frames as “an essential feature of news” (1978, p193), as the author believed they were necessary in transforming meaningless episodes into palpable issues. Along the same lines, D’Angelo and Kyupers (2010, p1) noted that “journalists cannot not frame topics[,] because they need sources’ frames to make news, inevitably adding or even superimposing their own frames in the process”.

In communication research, approaches to study the framing theory can generally be grouped into two: one that deals with “frame-building” and another that works on “frame-setting” (Scheufele and Tewksbury, 2007). Frame-building refers to how frames are formed and in what ways journalists adopt them in discourse – Scheufele and Tewksbury (2007) identified a number of ways journalists could be influenced to frame a certain issue, including societal norms, pressures from their organisations, interest groups and policy makers, professional routines of their occupations as well as the ideological or political beliefs of the journalists themselves.

On the other hand, frame-setting is concerned with how media frames influence audiences’ opinions on issues – for instance, by showing respondents the same news stories framed in different ways, Valkenburg, Semetko and de Vreese (1999) found that how an event is framed can have significant effect on how people envisage it and what they recall of it after consuming the information.

News frames can essentially be classified into two categories: issue-specific and generic frames. Issue-specific frames can only be applied on specific topics or events and they vary based on the content and context being analysed (de Vreese, 2005). For example, in Terkildsen and Schnell (1997), in order to study weekly print media’s coverage of the Women’s Movement from the 1950s to the 1990s in the United States, the authors used five unique frames in the research, including ‘sex roles’, ‘feminism’ and ‘anti-feminism’, which are almost impossible to be used on other topics such as war or government policies.

On the other hand, generic frames are not limited by the themes of the research. They typically outline particular features of news stories and can be applied across different topics (de Vreese, 2005). Semetko and Valkenburg (2000) identified five news frames that were prevalent in press and television news (‘attribution of responsibility’, ‘conflict’, ‘human interest’, ‘economic consequences’ and ‘morality’), and found, within their research, that they were suitable for both types of stories about European integration and crime, though the frequency of certain frames being used did vary according to different topics.

Background of Mainland Immigrants and Refugees in Hong Kong

Hong Kong had been a part of Imperial China ever since 214 BC, and was governed as a part of Xin’an County in the Guangdong Province during the Qing dynasty before it was colonised by the United Kingdom (Bolton, 2003). As Hong Kong was originally a fishing village and salt production site, the indigenous inhabitants who were already living in the region before the colonisation were mostly farmers and fishermen (Bolton, 2003).

After it was occupied by Britain, in 1841, the first population figure of Hong Kong Island showed that there were 7,450 persons residing in and around the island, including those who lived in boats and labourers who came to work on the island from Kowloon (Fan, 1974). The first mass influx of Chinese refugees into Hong Kong happened in the 1850s when the Taiping Rebellion broke out in Southern China and by 1859, the total population of Hong Kong Island had already surged to 86,941 (Fan, 1974; Ceoi, 2016).

Constant conflicts and turmoil on the Mainland thereafter quickly boosted the population of Hong Kong, and most of the new residents in the city had been migrants from Mainland China who moved there (crossing the border without application and supporting documents and thus, “illegally”) due to reasons that could be grouped into two categories: to look for survival and to seek economic opportunities (Zhang, 2005).

On the one hand, conflicts without end and frequent natural disasters prompted people to scramble to socially and economically stable areas – the relentless turmoil caused by the Xinhai Revolution in 1911 forced a mass number of people from the Guangdong Province to rush into Hong Kong to take refuge over the decade that followed (Zhang, 2005), and the Great Chinese Famine between 1959 and 1961 which was partially caused by unusual weathers such as floods and droughts also provoked a huge influx of refugees from all over Mainland to flood into Hong Kong (Mizuoka, 2017).

On the other hand, after Britain took control of Hong Kong, the region was established as a free port and it subsequently developed into an important trading centre. The prosperous growth of Hong Kong’s business industry and the employment and investment opportunities that came with it attracted a great number of Mainland migrants – it is said that, before the Canton-Hong Kong strike which paralysed the economy in 1925, Hong Kong was known as a place where “it [was] safe to make investment… and [was] extremely appealing to nearby markets” (Sinn, 1994, p27).

So many refugees rushed into Hong Kong after the establishment of the People’s Republic of China that the British Hong Kong Government implemented the Touch Base Policy in 1974 (in which refugees who managed to get to the urban areas could stay, whereas those did not had to be repatriated immediately) as an attempt to block them from entering the territory (Wong, Ma and Lam, 2016).

However, the policy failed, and it was subsequently abolished in 1980. Up until today, any illegal Chinese immigrants detected in Hong Kong would be repatriated back to Mainland immediately according to a tougher policy on immigration control established later in 1980 (Wong, Ma and Lam, 2016). After Hong Kong was handed over to China, nowadays, a daily quota of 150 Mainland immigrants has been implemented, in which the majority are those who move to Hong Kong to reunite with their families (Ngo and Li, 2016).

Additionally, the Government of Hong Kong has also carried out a number of migration schemes, such as the Quality Migrant Admission Scheme and the Admission Scheme for Mainland Talents and Professionals, to attract high-end professionals and talents from Mainland to stay in the city (Ngo and Li, 2016).

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Chinese Refugees in Hong Kong between 1937 and 1941

As one of the main events leading up to World War II, Japan began the full-scale invasion of China in the Second Sino-Japanese War in July 1937, with a battle later known as the Marco Polo Bridge Incident. Beginning from the northeast part of China, the Japanese forces quickly made their way down south, capturing big cities such as Shanghai, Nanking and Wuhan along the way (Snow, 2003).

In October 1938, the Japanese troops captured the city of Canton in the Guangdong Province, about 175 kilometres away from Hong Kong (Fung, 2005). Four months later, the Japanese marched further down and occupied Hainan Island, an island in the South China Sea 470 kilometres away from Hong Kong which was then a part of Guangdong (Phillips, 1980).

Even though the fall of Canton and Hainan isolated Hong Kong, as a British colony which was declared to be a neutral zone at that time, it was still safe from being attacked then (Snow, 2003). As a result, as the Japanese built up more power, more and more refugees from the Mainland rushed into Hong Kong to seek asylum. There were only about 800,000 inhabitants in Hong Kong before 1937, but the estimated number of the total population in 1941 doubled the figure, skyrocketing to 1,640,000 (Sinn, 1997; Fan, 1974).

According to rough calculations by the Ministry of Transport, within a year after the war broke out in China, the population of Hong Kong increased by almost 250,000 persons (Qi, Zheng and Yan, 2015). Even more refugees fled to Hong Kong after the Japanese controlled Canton and its surrounding Pearl River Delta in mid-October 1938, with 90,000 more people entering the region than leaving in the last two months of the year (Deng and Lu, 1996). Of all of those residing in Hong Kong before the Japanese occupation at the end of 1941, more than 600,000, about 37% of the population, were refugees seeking haven in the city after the war erupted in Mainland China (Ting, 1997).

All kinds of people from different sectors and levels of the society became refugees during the war – there were wealthy merchants and capitalists who continued to live a luxurious life after fleeing to Hong Kong, as well as scholars and culturati who established newspapers and produced literature to actively develop cultural undertakings (Tsai, 2001; Zhang, 1994).

However, most of them were ordinary civilians scrambling for their lives. Life was tough for them, as it was extremely difficult to even find a place to live. Those who were unable to find a shelter had no choice but to live on the streets – in the summer of 1938, there were 13,000 and 17,000 homeless people respectively on Hong Kong Island and in Kowloon (Zhang, 1994).

Those who did find a place were in arduous circumstances, as well. According to a survey done in July 1941, in one case, there were 497 refugees living in just 14 flats (Endacott, 1978, p12). As the population was too densely concentrated, the sanitary conditions quickly worsened and led to the outbreak of smallpox and cholera. The difficult living conditions of the refugees never got solved before the fall of Hong Kong (Zhang, 1994).

Hong Kong was originally a region where Chinese people could enter and leave without restrictions, which was one of the reasons why mass influx of refugees entered the region over time. As the battles in Guangdong intensified in 1938, fearing that there would not be enough food supplies and the condition of public hygiene would worsen if refugees continued to enter Hong Kong without constraint, Sir Northcote, the Governor of Hong Kong at the time, issued an emergency decree to limit refugees from entering by sea by asking for an entrance fee of 20 Hong Kong Dollars per person (which was later risen to 100 HKD) (Zhang, 1994).

The Government of British Hong Kong, on the one hand, limited the number of refugees from entering the region, on the other hand, built several refugee camps to succour those who were already in Hong Kong. By March 1939, more than ten refugee camps which took in 12,299 persons had been built all over the main districts of Hong Kong (Zhang, 1994).

Plenty of individuals and different organisations also took part in aiding those who needed support. According to Mak Sik-bong, who was a primary school student in Kowloon during the refugee wave, many schools initiated refugee relief movements and appealed to citizens to donate money and old clothes to refugees (Lau and Zhou, 2009).

Feng Kei-coeng, who lived in New Territories during the time, also recalled that local communities and trade unions would get together to give away food and duvets to refugees to help them survive. He added that these support groups would also help remove bodies when some of the refugees died (Lau and Zhou, 2009).

In addition, a great number of charities, such as the Tung Wah Group of Hospitals and the Salvation Army, and aid societies which were founded specifically to help refugees caused by the war, such as the Chinese Women’s Club and the Wartime Child Welfare Association, also did their best in relieving refugees who were in need of support (Qin, 2003). In 1938, the Hong Kong Government reported that “one of the most prominent features of this year’s refugee problem is the immediate response from all parts of the society to the call for succouring the refugees” (Zhang, 1994, p138-189).

As the Chinese refugees in Hong Kong came from all levels of social classes, the impact the refugee wave brought to Hong Kong was multifaceted. The influx of refugees resulted in the shortage of goods and materials and frenzied inflation of prices. People who could not afford meat and vegetables could only depend on limited amounts of coarse cereals to survive, which led to many cases of people dying of malnutrition (Qin, 2003).

The refugee wave also led to a surfeit of cheap labour, making the already gloomy job market even harsher. The number of unemployed people hiked dramatically, and hunger, poverty and diseases drove people to commit crimes and suicide (Qin, 2003; Yu, 2009). However, on the other hand, the cheap labour force also improved the productivity of the manufacturing industry, stimulating the development of Hong Kong’s economy (Zhang,1994).

In addition, the industrialists and businessmen who fled to Hong Kong brought in capital and technology, establishing a solid foundation for the city’s economic recovery after the war (Yan, 2008). The culturati and activists who moved to Hong Kong during the same period of time founded more than a hundred newspapers and magazines to advocate fighting against aggression and saving the nation, which significantly helped in awakening the patriotic spirit among the general public (Zhang, 1994).

The Newspaper Industry in Hong Kong During the Time

According to Kobayashi and Shibata (2016), 39 newspapers were published in Hong Kong between the start of the Second Sino-Japanese War and the fall of Hong Kong, including 31 in Chinese and eight in English. Some of them were already founded before the period, such as the Universal Circulating Herald , which was founded in 1874; some were founded within the time period, such as the Sing Tao Daily , which began its publication in 1938 and is still publishing today.

There were also a number of papers that were first published in Mainland, but then had to move to Hong Kong due to the war, such as Shun Pao , which was first published in Shanghai and moved the issuance to Hong Kong in December 1937 after having been forced to halt their publication for four months (Chan, 2018).

The Department of Chinese Affairs founded the Office of News Inspection to supervise the content published in newspapers in 1928 (Joeng, 2013). All newspapers had to send their articles to the office to be examined, and the materials could only be published if the inspectors approved them (Chen, 1987, p217).

After the war broke out in the Mainland, according to the Department, since Hong Kong was a neutral zone, Chinese newspapers in Hong Kong should not prejudice in favour of either side nor should they use “insulting” words to address nations the British Empire was friendly with, such as “enemy” or “massacre” (Sa, 1946).

The policy was met with waves of dissatisfaction. As a way to express their disapproval, journalists would use “x”, squares or circles in place of the prohibited words. In more extreme cases, the entire position originally planned for the article would be left blank except for “full text inspected” written on it – however, this practice would also be banned later as the war approached closer to Hong Kong (Chan, 2018).

It is important to note that the inspection was a lot stricter on Chinese-language newspapers than on English- language ones, to the extent that some news pieces that were permitted to be published on English newspapers were not allowed on Chinese newspapers, which further reduced Chinese newspapers’ status (Chan, 2018).

Previous Research and Gap in Study

Even though not many, some research and studies have been done on the refugee wave in question. Zhang (1994) gave an overview of the general situation of the refugees’ lives in Hong Kong, the measures the government undertook to deal with the situation and the influences the refugees brought to Hong Kong; Yan (2008) focused specifically on the economic aspect of the refugees’ impact on the society; Deng (2018) introduced a number of relief organisations that helped in aiding the refugees; Vrzic (2013), as a postgraduate dissertation, examined the policies the Hong Kong Government used to handle the mass influx of refugees.

A number of newspaper materials were used in Vrzic (2013) to explore the reality of refugees’ lives during the period, however, these newspapers were only used as supporting materials and were not critically studied. Similarly, in Ding (2014), which examined the interlacing relationship of the Overseas Chinese Daily News and the development of the Chinese society in Hong Kong, briefly mentioned that the newspaper devotedly advocated helping Mainland refugees during multiple refugee waves over the past century. There have not been any studies that focus on the newspaper coverage of the refugee wave between 1937 and 1941. As a result, this research seeks to fill in the gap in the area of study and hopes to provide a basic foundation for further studies on the topic.

Methodology

This study aims to examine how newspapers in Hong Kong framed the refugee wave from Mainland China to Hong Kong during the Second Sino-Japanese War which took place between July 1937 and December 1941. While the previous chapter looked at the theory and background this research was built on, this chapter introduces the data collecting method as well as the design, the selected sample and the coding of the research.

Research Questions

This research focuses on the media’s approach to frame the refugee wave in question, instead of examining the possible effects the news articles selected could have had on their readers. By applying the framing theory to analyse the news articles selected, this study aims to answer the main research question: how were refugees from Mainland China portrayed by newspapers in Hong Kong between 1937 and 1941? In order to better answer the question, three sub-questions were also proposed:

RQ1: What types of stories were most reported about the refugees?

RQ2: What were the papers’ stances on the refugees, judging from the way they covered the situation?

RQ3: What were the differences, if there were any, between the way Chinese-owned newspapers and foreign-owned newspapers reported the situation?

Content analysis

Quantitative content analysis was selected to be the best method to answer the research questions. This method is defined as a technique for “making inferences by systematically and objectively identifying special characteristics of messages” (Holsti, 1968, p608). According to Hesse-Biber and Leavy, content analysis is appropriate for studying “mass-mediated representation of historical events” (2011, p228) and a great number of studies have used this method to examine such occurrences.

In addition, Lutz and Collins noted that, as content analysis is suitable for conducting research that works with a large amount of data, it allows researchers to “identify and compare the patterns of representation that are regularly unnoticed and elusive to detect” (1993, p89). Furthermore, Berelson suggested five main purposes of conducting a content analysis, including “to describe substance and form characteristics of message content” and “to make inferences to producers of content” (1952, p18). The aims of the research method worked well with the research at hand, as the three sub-questions all tried to find out either the characteristics of the news articles or what opinions the newspapers produced.

Moreover, though content analysis, in its earlier stage, was classified to be only a quantitative method, as it became more employed by studies, it now can work as either a quantitative or a qualitative method (Lasswell, 1948; Berelson, 1952; Shoemaker and Reese, 1996). However, as Macnamara (2005) summarised, while quantitative content analysis can produce reliable findings by conducting statistical research, qualitative content analysis is less scientifically reliable, as it relies heavily on the researcher’s subjective interpretation on the text’s likely meaning to audiences. Therefore, all aspects considered, it can be concluded that quantitative content analysis was a suitable method to use for this research.

The most prominent feature of conducting content analysis is that the researchers must construct content categories to classify the texts being studied. Content analysis is fundamentally a “coding operation”, which is the process of “transforming raw data into a [standardised] form” (Babbie, 2013, p300) by placing units of analysis into content categories (Wimmer and Dominick, 2011).

According to Wimmer and Dominick, for content categories to work, they must be “mutually exclusive, exhaustive and reliable” (2011, p169), meaning that one unit can only be placed in one category, that there must be a category for every unit to be placed into, and that different coders should, most of the time, agree with the placement of the units. An intercoder reliability test would usually be utilised during the research, in which independent coders would code the units into categories by using the same coding scheme as the main researcher, to make sure the coding of units is consistent and reliable (Neuendorf, 2002).

Content analysis is an adaptable research method, as it can be used to study a wide range of texts and materials (Rose, Spinks and Canhoto, 2014). It is also an unobtrusive research method, because the findings would be less likely to be disrupted by subject reactivity (Webb et al., 1968). However, bias could potentially emerge during the process of sampling and coding, as the coding process inevitably requires the researcher’s own interpretation of materials, even if the content seemed clear and straightforward (Insch, Moore and Murphy, 1997). Furthermore, when conducting content analysis, there is a certain level of risk for researchers to overlook what is hidden or is not being said in the texts, which could lead to inaccurate judgments (Rose, Spinks and Canhoto, 2014).

The Old Hong Kong Newspapers Collection, a database which provides digitised images of a selection of old Hong Kong newspapers, was used to retrieve newspaper articles needed for the research. The research studied articles that talked about or were related to Chinese refugees in Hong Kong between October 13, 1938 and December 13, 1938.

As it was mentioned in the literature review, after the Japanese Army attacked the city of Canton, a large number of refugees rushed into Hong Kong (Deng and Lu, 1996). The start date was designated as the attack began in October 12, 1938 and newspapers usually report on events that happen on the previous day (Ta Kung Pao, 1938), and the specific two-month period was selected so as to focus on a limited time frame representative of the entire refugee wave. After a close examination of all editions of Ta Kung Pao and The China Mail in the database that were within the time frame, a total of 155 articles were identified, and each article was used as a primary unit of analysis. Out of the entire sample, 114 articles were identified from Ta Kung Pao , and 41 from The China Mail .

Ta Kung Pao (大公報) is a Chinese-language newspaper which was first founded in 1902 in the city of Tianjin (Chan, 2018). In 1926, it was bought by a company set up by Wu Dingchang, Zhang Jiluan and Hu Zhengzhi, a famous entrepreneur and two influential journalists in China, and its main office was later moved to Hong Kong during the Second Sino-Japanese War (Zhao and Sun, 2018). A paper known to be accurate, timely and highly involved in social and political discourse, in 1941, Ta

Kung Pao was awarded the Missouri Honor Medal, a prestigious journalism award presented by the Missouri School of Journalism, for its “rich and essential domestic and international reports” and “brave and sharp social commentaries [that] had a huge impact on public opinions” during the war (Zhao and Sun, 2018, p62).

On the other hand, The China Mail was founded in 1845 by a Scottish publisher named Andrew Shortrede and received the support of Jardine, Matheson & Co., a trading company originally from Scotland (Lee, 2000; Ding, 2014). It developed into one of the most influential English-language newspapers in Hong Kong and the longest-running newspaper in the city until its closure in 1974 (Lee, 2000). Since RQ3 aims to observe the differences between the reportage of Chinese-owned newspapers and foreign- owned newspapers on the refugee wave, it could be assumed that these two newspapers were suitable to act as representations of Chinese and foreign publications.

In order to answer the research questions, three groups, which could also be addressed as variables, were used to code the units. The variables, namely the tone of addressing refugees, the content and the typology of the article, were chosen guided by a deductive approach, as an inductive approach in which the researcher groups the variables after they are observed could cause “major biases and invalidity in a study”

(Macnamara, 2005, p9). The categories were constructed after the researcher conducted prior examinations on existing literature on media content analysis and a review on a sub-sample of 10% (16 articles) of this research’s entire sample collected through simple random sampling. A coding manual (see Appendix 1) was developed to ensure the systematic coding of data. The categories are defined and explained as follows.

•   Tone of Article (Specifically towards the refugees):

The articles’ tones when discussing the refugees were measured as hostile, neutral/factual and sympathetic. The hostile tone referred to an attitude clearly negative towards the refugees, especially if words such as dirty and awful in The

China Mail and 惡劣_ ( odious ) 1 and 不逞 ( troublesome ) in Ta Kung Pao were used on the refugees. Correspondingly, the sympathetic tone referred to an attitude clearly supportive of the refugees, especially if words such as pitiful and

distressed in The China Mail and 淒慘 ( wretched ) and 辛酸 ( miserable ) in Ta Kung Pao were used. The neutral/factual tone was selected when the issue in the article was explained in an objective way or when it was presented by solely facts that elicited no hostile or sympathetic connections.

•   Content of Article

As it has been noted in the literature review, there are five prominent news frames (‘attribution of responsibility’, ‘conflict’, ‘human interest’, ‘economic consequences’ and ‘morality’) which could be used to discuss a wide range of topics (Semetko and Valkenburg, 2000). The theory has been used by a considerable number of researchers, such as d’Haenens and de Lange (2001) and Coman and Cmeciu (2014), to study news coverage of different issues and has been proven to be a reliable framework. The coding of this category was predominately based on Semetko and Valkenburg’s idea, and after the sub-sample was reviewed, slight changes were made to the established news frames and more specific frames were identified to better reflect topics existed in the sample. In the end, nine frames were identified and were coded as follows.

• Human interest
• Responsibility
• Negative impact
• Positive impact
• Refugee management
• Refugee life and circumstance
• Traffic of refugees

When more than one frame was displayed in an article, the principal one would be selected. The importance of the frames was measured by a list of yes/no framing questions developed by Semetko and Valkenburg (2000) and revised questions the researcher generated on the basis of Semetko and Valkenburg’s design which accommodated to specific frames developed for this research. The frame with the highest number of questions answered positively would be considered to be of the greatest importance and hence, the principal frame. When more than one frame were answered positively with the same amount of questions, the title of the article would be taken into account as to which topic was the most essential part of the piece. The questions are presented in the coding manual.

•   Type of article

The typology of the news pieces was categorised as news article, feature, opinion and other. News articles are defined as “straightforward reporting” which does not usually contain analysis or comments by the journalist (Keeble, 2001, p95).

Features, which have been described as “factual short stories”, are usually written with a more narrative approach than straightforward news articles and tend to be less objective, as well, as they offer particular perceptions and attitudes (Garrison, 1999, p89). Opinion pieces, such as editorials, commentaries and columns, were grouped together regardless of who the authors were, as they all fell into the category of opinion journalism. Articles that could not be fitted into any of the mentioned categories were sorted into the “other” group.

Findings and Discussion

This chapter presents the findings of the research, discusses its outcomes and answers the research questions presented in the previous chapter. Its limitations are addressed, and suggestions for future research are offered, as well.

Research Question 1

The first research question asked what types of stories were most reported about the refugees. The question was examined from two perspectives – one was the typology of the coded articles, the other was the content of the articles related to refugees.

It can be interpreted from Graph 1 that the newspapers, by far, used news articles the most to report about the refugees. From Graph 2, it can be noted that the refugee management frame was employed the most by the newspapers – especially Tai Kung Pao – whereas the conflict frame and the positive impact frame were not used at all in the sample.

Research Question 2

The second research question aimed to identify what the papers’ stances were on the refugees. Judging from Graph 3, most of the articles in both newspapers were neutral or factual in terms of how they addressed the refugees, while a handful of articles could be interpreted as having sympathetic undertones when talking about them.

For example, in a feature published in Tai Kung Pao on November 17, 1938, it was written that, “as I think back on the miserable condition faced by the old man who was too sorrowful to cry, I cannot help but shed tears of sympathy for them”. 2 Similarly, The China Mail published a news piece on November 25, 1938 in which the paper used “pitiful” and “unfortunate” to describe the scene of refugees pouring into Hong Kong. Three articles in Tai Kung Pao were hostile towards the refugees, whereas there were none in The China Mail . On the whole, it could be assumed that both Tai Kung Pao and The China Mail were mostly compassionate about the refugees seeking asylum in the city.

Research Question 3

The third research question wished to find out if there were any differences between how Chinese-owned newspapers and foreign-owned newspapers reported the refugee wave. The question was examined from three perspectives in which the typologies of articles, the tones used in the stories and the content written in the pieces were compared between the two newspapers.

As it is shown in Graph 4 and 5, both Tai Kung Pao and The China Mail primarily used news articles to write about the refugees. Comparatively, opinion pieces, in which most of them advocated helping the refugees, were used in Tai Kung Pao more, whereas features, in which the writers talked to refugees on-site at the border or the refugee camps and got to know how they managed to cross the border or what their lives were like at the camps, were used more in The China Mail, but the proportions were both fairly small.

Both Tai Kung Pao and The China Mail were mostly neutral or factual when they were writing about the refugees, though a modest number of articles did talk about them in a sympathetic tone. It is interesting to note that, while the refugees came from Mainland China, none of the articles in The China Mail – the foreign-owned newspaper – were found to have addressed the refugees in a hostile way, yet a limited amount of them did in Tai Kung Pao – the Chinese-owned newspaper.

Taken from Graph 8, it is clear that, when talking about the refugees, Tai Kung Pao predominately documented activities related to refugee management. For example, on October 23, 1938, the paper reported about the St. John Ambulance Brigade registering refugees who were sleeping rough on the streets and sending them to refugee camps.

The traffic of refugees, the negative impacts of refugees (for example, probable robberies committed by refugees, as it was covered on December 8, 1938, and the increase in alcohol and cigarette imports that came with the growing number of population, as it was reported on November 3, 1938), the way refugees lived and the circumstances they faced were also covered occasionally, whereas conflicts in regard to the refugees and the positive impacts they had were not touched on at all.

As for the coverage in The China Mail (Graph 9), refugee management (e.g. how organisations provided support for refugees) and the traffic of refugees (e.g. the number of refugees entering Hong Kong) were the two most prominent topics, while the frames of morality, conflict and positive impact could not be identified from the articles. The rest of the frames were employed for around the same number of times in the sample.

From the articles examined, it can be argued that the two newspapers did use multiple and different frames to report the refugee wave. Overall, the newspapers mainly used news articles to talk about the refugees in a neutral or factual way. It was foreseeable that news pieces would be the type of article that was used the most, as the research’s subject matter was, after all, newspapers. On the other hand, the fact that they mostly used the neutral or factual tone to cover stories suggests that they upheld the journalistic value of objectivity well.

In terms of the typology and the tone of articles, the differences between Tai Kung Pao and The China Mail were slim. However, when it came to how they chose to frame the topic, there was a noticeable difference. Though the frames of refugee management and the traffic of refugees were both the most dominate frames in both newspapers, the refugee management frame in Tai Kung Pao was used significantly more (63.2%) than the traffic of refugees frame (15.8%), whereas in The China Mail , perhaps due to the small sample size, there was not an apparently difference between how much the traffic of refugees frame (36.6%, or 15 pieces of articles) and the refugee management frame (24.4%, or 10 pieces of articles) were used.

In fact, except for the refugee management frame, the traffic of refugees frame and the frames that were not used, none of the frames were used considerably more than the others in The China Mail , which implies that the paper covered the refugee wave in a comprehensive manner, referring to different topics to give the readers a broader understanding of the situation.

It could be observed during the research that a lot of articles which employed the refugee management frame in the two newspapers were about groups, organisations or the government holding meetings on how to relieve the refugees or exercising relief measures, which indicates that, even though the newspapers’ tone when talking about the refugees was mostly neutral, they were still sympathetic towards the refugees and was in support of them seeking safety in Hong Kong.

The traffic of refugees frame employed by the newspapers mainly referred to the scene of refugees crossing the border between Mainland and Hong Kong. The reason for its regular usage could be that describing the scene of refugees running away from danger would be the most direct way of reporting the crisis, and that the entry of refugees was considered to be important information for the city’s people.

It is worth noting that the frames of conflict and positive impact were not detected from either of the newspapers, while the morality frame was only used once by Tai Kung Pao . The lack of usage of the conflict frame could be because that it was a common attitude among the people of Hong Kong at that time that they should help and support the refugees, thus there was no disagreement between whether relief measures should be taken or not.

As the editorial published in The China Mail on November 29, 1938 wrote, “humane feeling will prevail over all other considerations”. However, the large number of refugees rushing into Hong Kong did bring about a number of economic and social problems to the city, which is possibly a reason that the positive impact frame could not be found within the articles, as the writers could not envisage any positive influence the refugees could bring to Hong Kong.

In addition, Semetko and Valkenburg explained that the morality frame is something that puts an issue “in the context of religious tenets or moral prescriptions” (2000, p96). As it has already been looked at, the two newspapers were careful with maintaining journalistic objectivity, which could be why they took care of leaving religious tenets out of the articles – the frame was only used once in an editorial.

As it was explained in the literature review, Entman (1993) and Scheufele (2000) had different ideas in regard to the practical function of framing. Entman (1993) believed that framing an item is to make selected aspects of an event more salient in order to highlight certain ways to evaluate the item, whereas Scheufele (2000) argued that framing invokes interpretive schemas on the audience to influence how they interpret information.

From the articles inspected in the sample, it could be suggested that both views are, in a way, reasonable. For example, on November 26, 1938, in order to encourage citizens to donate food and clothing to the refugees, it was highlighted in The Chine Mail that “thousands… spent bitterly cold hours in open fields, cowering in ditches to shield themselves from the wind”, which supports Entman’s idea.

In another article published in Tai Kung Pao on November 2, 1938, it 3 was written that all refugees that were bailed out from the refugee camps by their families and friends were prohibited from leaving the New Territories. The regulation could be considered to be the government restricting the refugees’ freedom of movement.

However, in the article, its purpose was said to be “to maintain Hong Kong’s security and sanitation”, and that too many refugees in the city would lead to the citizens of Hong Kong being agitated by the prospect of not having enough space to live in. In this case, limiting the refugees’ right to travel was framed as a way to protect Hong Kong’s native citizens, which, according to Scheufele’s argument, had the possibility of influencing the readers’ opinion on the regulation.

Another matter that is worth discussing is the difference in the sample sizes between the two newspapers. Out of all the editions published within the two-month period, there were 114 articles in Tai Kung Pao that were related to the refugees, no matter if they were focused on them or only mentioned them. In The China Mail , there were only 41 articles.

It would be tempting to argue that it could be because the Chinese community was more concerned about the refugees’ circumstances, whereas English- speaking foreigners in Hong Kong were less likely to be affected by the refugees due to their economic status and social position. However, it must be taken into account that many pieces in The China Mail were long, usually compiling all related information together in one article, whereas more pieces relevant to the refugees would usually be contained in each edition of Tai Kung Pao , with each of them being relatively shorter and only encompassing limited information.

Limitations

The most prominent limitation of this research is that the intercoder reliability test was not employed to test the coding system’s objectivity and validity. Due to the small size of the research, the coding was solely done by the researcher alone without the examination of external coders, thus there is a possibility of the codes being inconsistent and biased.

Furthermore, though as it has been stated in the methodology chapter that the two newspapers selected for this research were reasonable representations of Chinese- owned and foreign-owned newspapers in Hong Kong during the sample period, in no way can it be concluded that research done on other newspapers would generate the same results as this particular research.

Other Chinese-owned newspapers or foreign- owned newspapers could have reported the refugee wave or addressed the refugees in a different manner. Hence, further research on more newspapers need to be conducted before a more general conclusion on how refugees were portrayed by newspapers could be established.

Similarly, another limitation of this research is that the sample period is, though representative, too short to be conclusive. Studies done on other periods of time or a longer period of time during the refugee wave could generate different results. This research can serve as an indication of what the two newspapers generally covered about the refugees and how they did it, but there is no guarantee that the patterns remained the same throughout the entire period of the sample universe.

In addition, as content analysis is simply a descriptive research method, the results generated can only reveal what is in the sample, but cannot provide information on why they were produced (Neuendorf, 2002). As a result, by adopting the content analysis method, this research was capable of examining what tones and content were included in the articles, but it was not able to give reasons for why the authors used such tones or frames or in what ways could they potentially influence the readers.

Therefore, this research can only act as a foundation for further studies to build on.

Suggestions for future research

Due to its small scale, this research was only capable of studying two newspapers in a two-month period by using a basic form of the content analysis method. However, though preliminary, it can serve as a basis for future studies that focus on news coverage of the Chinese refugee wave to Hong Kong between 1937 and 1941, which is a topic of research that has not been given much attention to by academics. Ideally, future research should aim to diminish limitations that exist in this study and establish a better understanding of the issue. Research of larger scales should examine longer time frames and more newspapers to generate a more comprehensive conclusion of the questions.

In addition to newspapers, if it is possible to collect enough old radio recordings to conduct a study, research can also be done on how news programmes on radio talked about the refugees, as radio was just starting to gain popularity during the 1930s and the 1940s in Hong Kong (Clayton, 2004). A broader study on how different kinds of media talked about the refugee issue and if there were differences between their coverage would be able to produce new insights on the media industry in Hong Kong.

In regard to the question of which newspaper covered more about the refugees, an alternative research in which the unit of analysis is each word in the sample would be a good option to examine the issue. However, the differences between the English language and the Chinese language must be taken into consideration when conducting the research, as they are completely different in terms of syntax and lexicons, and a way to scientifically measure and compare their word counts should be developed first.

Furthermore, as it has been recognised in the limitations, this research has not been able to discover why the writers employ the tones and frames they used in the articles or how the articles could influence the readers. Further research could be done to investigate such issues by using other research methods such as qualitative content analysis and discourse analysis.

According to Macnamara (2005, p5), media texts are “polysemic”, meaning that they are open to interpretation and carry different meanings for different people. Therefore, as a research method which is often used to study meanings and contextual codes (Shoemaker and Reese, 1996), qualitative content analysis can potentially offer deeper insights into how the articles would be received by the readers during the refugee wave.

Also paying close attention to the context the topic of research is in, discourse analysis looks at how structures and patterns of a language used in texts contribute to the presentation of facts and ideologies (Fairclough, 1995). Therefore, it can be expected that the method can be used to propose ideas about why certain frames were employed and develop a broader understanding of the papers’ stances on the refugees.

In this study, a quantitative content analysis was done on how two newspapers in Hong Kong, namely Tai Kung Pao and The China Mail , covered the Chinese refugee wave to Hong Kong from October 13, 1938 to December 13, 1938. It can be concluded from the findings that, judging from the tone and content the articles examined carried, the papers were generally compassionate to the refugees.

The two newspapers were similar in terms of their tone and type of articles used when reporting stories related to the refugees, however, the content in the articles in The China Mail were more comprehensive than that in Tai Kung Pao . Even though, unfortunately, this research was only able to identify the existence of such patterns and not why such patterns existed, it provides information that no previous studies have looked at before and leaves room for further and more thorough research on the topic.

Nowadays, 80 years later, if incoming refugees and asylum-seekers should be allowed to stay in Hong Kong and how people should treat them remain disputed issues in the city, and the local press continues to use different frames to write stories about them – for example, HK01, an online-based news organisation, earlier this year, published a series of features focusing on individuals who had been seeking asylum in Hong Kong for more than a decade 4 .

By showing the readers the hardship they endured, HK01 campaigned for granting humanitarian visas to asylum-seekers in the city. In an age in which millions of people in the world have been forced to leave their homes, research on how the news media, an influential platform that plays a part in shaping public opinions, talk about refugee crises and the community has never been more needed. Hopefully, more intensive research projects on the topic will be carried out, and more can be known about news coverage on refugees in the future.

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Tuchman, G. (1978). Making News: A Study in the Construction of Reality . New York: Free Press, p193.

Yan, L. (2008). Lun Zhanshi Qiangang Nanmin dui Xianggang Jingji de Tuidong (论战时迁港难民对香港经济的推动/A Discussion of the Role of Wartime Refugees in Boosting Hong Kong’s Economy). Inheritance , October, 2008, 94-95.

Yu, J. L. (2009). Kangzhan Shiqi Guangdong Nanmin Ru Gang Jingkuang ji Gangying Zhengfu de Yingdui (抗战时期广东难民入港境况及港英政府的应对

/The Situation of Refugees from Guangdong Entering Hong Kong during the Resistance War and Measures Undertook by the British Hong Kong Government).

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Valkenburg, P. M., Semetko, H. A. and de Vreese, C. H. (1999). The Effects of News Frames on Readers’ Thoughts and Recall. Communication Research , 26(5), 550-569.

Vrzic, I. (2013). Hong Kong Government’s Policies toward War Refugees, 1937-1941 (香港政府處理抵港難民的對策 (1937-1941)). Master’s thesis, National Chi Nan University.

Webb, E. J., Campbell, D. T., Schwartz, R. D. and Sechrest, L. (1968). Unobtrusive Measures: Nonreactive Research in the Social Sciences . Chicago: Rand McNally.

Wimmer, R. D. and Dominick, J. R. (2011). Mass Media Research: An Introduction , 9th ed. Boston: Wadsworth, Cengage Learning. Available from: https://saleemabbas2008.files.wordpress.com/2013/02/1353087914- wimmer_dominick_mass_media_research_2011.pdf [Accessed 16 March 2019].

Wong, S. H. W., Ma, N. and Lam, W. M. (2016). Migrants and Democratization: The Political Economy of Chinese Immigrants in Hong Kong. Contemporary Chinese Political Economy and Strategic Relations: An International Journal , 2(2), 909-940.

Zhang, L. (1994). Kangrizhanzheng Shiqi Xianggang de Neidi Nanmin Wenti (抗日战争时期香港的内地难民问题/The Mainland Refugee Problem in Hong Kong During the War of Resistance Against Japan). War of Resistance Against Japan Research , 4(1), 132-141.

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Coding Manual

Unit of Analysis: Each article

Name of newspaper:

1 = Tai Kung Pao

2 = The China Mail

Date of publication (Enter actual date as yymmdd, e.g. October 23, 1938 = 381023):            

Number of article (Enter as date of publication dash number of article on the day, e.g. 381023-1):                                                   

Tone of article (Specifically towards the refugees):

1 = Hostile (Clearly negative) 2 = Neutral/Factual

3 = Sympathetic (Clearly supportive)

Content of article:

1 = Human interest

• Does the story provide a human example or “human face” on the issue?
• Does the story employ adjectives or personal vignettes that generate feelings of outrage, empathy-caring, sympathy, or compassion?
• Does the story emphasize how individuals and groups are affected by the issue/problem?
• Does the story go into the private or personal lives of the refugees?
• Does the story contain visual information that might generate feelings of outrage, empathy-caring, sympathy, or compassion?

2 = Responsibility

• Does the story suggest that some level of government has the ability to alleviate the problem?
• Does the story suggest that some level of the government is responsible for the issue/problem?
• Does the story suggest solution(s) to the problem/issue?
• Does the story suggest that an individual (or group of people in society) is responsible for the issue/problem?
• Does the story suggest the problem requires urgent action?

3 = Conflict

• Does the story reflect disagreement between parties-individuals-groups- countries?
• Does one party-individual-group-country reproach another?
• Does the story refer to two sides or to more than two sides of the problem or issue?
• Does the story refer to winners and losers?

4 = Negative impact

• Is there a mention of costs, degree of expense or financial losses now or in the future?
• Is there a reference to negative consequences of relieving the refugees?
• Is there a mention of refugees damaging or having the potential to damage the society, such as by committing crimes, polluting the environment or causing illness?

5 = Positive impact

• Is there a mention of financial gains now or in the future?
• Is there a reference to positive outcomes of relieving the refugees?
• Is there a mention of refugees contributing to or having the potential to contribute to the society, such as by increasing labour productivity, boosting intercultural communications or decreasing the price of food?

6 = Refugee management

• Is there a mention of how persons, groups, organisations or the government provide support and/or relief services to the refugees?
• Is there a mention of protection, overall management and/or coordination of the refugees?
• Is there a mention of the overall management of the refugee camps?

7 = Refugee life and circumstance

• Is there a mention of the circumstances refugees encounter?
• Is there a mention of how refugees live their lives?
• Is there a mention of the environment refugees settle in?

8 = Traffic of refugees

• Does the story describe the scene of refugees entering or leaving Hong Kong?
• Is there a mention of the number of refugees crossing the border, either entering or leaving Hong Kong?
• Is there a mention of refugees crossing the border, either entering or leaving Hong Kong?
• Is there a mention of the government restricting refugees from entering or leaving Hong Kong?

9 = Morality

• Does the story contain any moral message?
• Does the story make reference to morality, God, and other religious tenets?
• Does the story offer specific social prescriptions about how to behave?

Type of article:

2 = Feature (e.g. human interest stories or reportage) 3 = Opinion (e.g. editorial, commentary, or column) 4 = Other

Frequently Asked Questions

How much time it takes to write an undergraduate full dissertation.

The time to write an undergraduate full dissertation varies, but it typically takes several months, including research, drafting, and revisions.

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Home > HFA > ENGLISH > ENG_DISS

English Department Dissertations Collection

Current students, please follow this link to submit your dissertation.

Dissertations from 2023 2023

In Search of Middle Paths: Buddhism, Fiction, and the Secular in Twentieth-Century South Asia , Crystal Baines, English

Save Our Children: Discourses of Queer Futurity in the United States and South Africa, 1977-2010 , Jude Hayward-Jansen, English

Epistemologies of the Unknowable in Nineteenth-Century U.S. Literature , Maria Ishikawa, English

Revenge of the Nerds: Tech Masculinity and Digital Hegemony , Benjamin M. Latini, English

The Diasporic Mindset and Narrative Intersections of British Identity in Transnational Fiction , Joseph A. Mason, English

A 19TH CENTURY ETHNOGRAPHIC EXHIBIT UN/CAGED: NARRATIVES OF INFORMAL EMPIRE, AFROLATINIDAD, AND CONTEMPORARY ARTISTIC (RE)FRAMINGS , Celine G. Nader, English

Dissertations from 2022 2022

Writing the Aftermath: Uncanny Spaces of the Postcolonial , Sohini Banerjee, English

Science Fiction’s Enactment of the Encouragement, Process, and End Result of Revolutionary Transformation , Katharine Blanchard, English

LITERARY NEGATION AND MATERIALISM IN CHAUCER , Michelle Brooks, English

TRANSNATIONAL POLITICAL AND LITERARY ENCOUNTERS: THE IDEA OF AMERÍKA IN ICELANDIC FICTION, 1920–1990 , Jodie Childers, English

When Choices Aren't Choices: Academic Literacy Normativities in the Age of Neoliberalism , Robin K. Garabedian, English

Redefining Gender Violence: Radical Feminist Visions in Contemporary Ethnic American Women’s Fiction and Women of Color Activism 1990-2010 , Hazel Gedikli, English

Stories Women Carry: Labor and Reproductive Imaginaries of South Asia and the Caribbean , Subhalakshmi Gooptu, English

The Critical Workshop: Writing Revision and Critical Pedagogy in the Middle School Classroom , Andrea R. Griswold, English

Racial Poetics: Early Modern Race and the Form of Comedy , Yunah Kae, English

At the Limits of Empathy: Political Conflict and its Aftermath in Postcolonial Fiction , Saumya Lal, English

The Burdens and Blessings of Responsibility: Duty and Community in Nineteenth- Century America , Leslie Leonard, English

No There There: New Jersey in Multiethnic Writing and Popular Culture Since 1990 , Shannon Mooney, English

Ownership and Writer Agency in Web 2.0 , Thomas Pickering, English

Combating Narratives: Soldiering in Twentieth-Century African American and Latinx Literature , Stacy Reardon, English

“IT DON’T ‘MEAN’ A THING”: TIME AND THE READER IN JAZZ FICTIONAL NARRATIVE , Damien C. Weaver, English

SATURNINE ECOLOGIES: ENVIRONMENTAL CATASTROPHE IN THE EARLY MODERN WORLD, 1542-1688 , John Yargo, English

Dissertations from 2021 2021

"On Neptunes Watry Realmes": Maritime Law and English Renaissance Literature , Hayley Cotter, English

Theater of Exchange: The Cosmopolitan Stage of Jacobean London , Liz Fox, English

“The Badge of All Our Tribe”: Contradictions of Jewish Representation on the English Renaissance Stage , Becky S. Friedman, English

On Being Dispersed: The Poetics of Dehiscence from "We the People" to Abolition , Sean A. Gordon, English

Echoing + Resistant Imagining: Filipino Student Writing Under American Colonial Rule , Florianne Jimenez, English

When Your Words Are Someone Else's Money: Rhetorical Circulation, Affect, and Late Capitalism , Kelin E. Loe, English

Indigenous Impositions in Contemporary Culture: Knotting Ontologies, Beading Aesthetics, and Braiding Temporalities , Darren Lone Fight, English

NEGRITUDE FEMINISMS: FRANCOPHONE BLACK WOMEN WRITERS AND ACTIVISTS IN FRANCE, MARTINIQUE, AND SENEGAL FROM THE 1920S TO THE 1980S , Korka Sall, English

Negotiating Space: Spatial Violation on the Early Modern Stage, 1587-1638 , Gregory W. Sargent, English

Stranger Compass of the Stage: Difference and Desire in Early Modern City Comedy , Catherine Tisdale, English

Dissertations from 2020 2020

AFFECTIVE HISTORIES OF SOUTHERN TRAUMA: SHAME, HEALING, AND VULNERABILITY IN US SOUTHERN WOMEN’S WRITING, 1975–2006 , Faune Albert, English

Materially Queer: Identity and Agency in Academic Writing , Joshua Barsczewski, English

ANGELS WHO STEPPED OUTSIDE THEIR HOUSES: “AMERICAN TRUE WOMANHOOD” AND NINETEENTH-CENTURY (TRANS)NATIONALISMS , Gayathri M. Hewagama, English

WRITING AGAINST HISTORY: FEMINIST BAROQUE NARRATIVES IN INTERWAR ATLANTIC MODERNISM , Annaliese Hoehling, English

Passing Literacies: Soviet Immigrant Elders and Intergenerational Language Practice , Jenny Krichevsky, English

Lisa Ben and Queer Rhetorical Reeducation in Post-war Los Angeles , Katelyn S. Litterer, English

Daring Depictions: An Analysis of Risks and Their Mediation in Representations of Black Suffering , Russell Nurick, English

From Page to Program: A Study of Stakeholders in Multimodal First-Year Composition Curriculum and Program Design , Rebecca Petitti, English

Forms of the Future: Indigeneity, Blackness, and the Visioning Work of Aesthetics in U.S. Poetry, 1822-1863 , Magdalena Zapędowska, English

Dissertations from 2019 2019

Black Men Who Betray Their Race: 20TH Century Literary Representations of the Black Male Race Traitor , Gregory Coleman, English

“The Worlding Game”: Queer Ecological Perspectives in Modern Fiction , Sarah D'Stair, English

Afrasian Imaginaries: Global Capitalism and Labor Migration in Indian Ocean Fictions, 1990 – 2015 , Neelofer Qadir, English

Divided Tongues: The Politics and Poetics of Food in Modern Anglophone Indian Fiction , Shakuntala Ray, English

Globalizing Nature on the Shakespearean Stage , William Steffen, English

Gilded Chains: Global Economies and Gendered Arts in US Fiction, 1865-1930 , Heather Wayne, English

“ÆTHELTHRYTH”: SHAPING A RELIGIOUS WOMAN IN TENTH-CENTURY WINCHESTER , Victoria Kent Worth, English

Dissertations from 2018 2018

Sex and Difference in the Jewish American Family: Incest Narratives in 1990s Literary and Pop Culture , Eli W. Bromberg, English

Rhetorical Investments: Writing, Technology, and the Emerging Logics of the Public Sphere , Dan Ehrenfeld, English

Kiskeyanas Valientes en Este Espacio: Dominican Women Writers and the Spaces of Contemporary American Literature , Isabel R. Espinal, English

“TO WEIGH THE WORLD ANEW”: POETICS, RHETORIC, AND SOCIAL STRUGGLE, FROM SIDNEY’S ARCADIA TO SHAKESPEARE’S THEATER , David Katz, English

CIVIC DOMESTICITY: RHETORIC, WOMEN, AND SPACE AT HULL HOUSE, 1889-1910 , Liane Malinowski, English

Charting the Terrain of Latina/o/x Theater in Chicago , Priscilla M. Page, English

The Politics of Feeling and the Work of Belonging in US Immigrant Fiction 1990 - 2015 , Lauren Silber, English

Turning Inside Out: Reading and Writing Godly Identity in Seventeenth-Century Narratives of Spiritual Experience , Meghan Conine Swavely, English

Dissertations from 2017 2017

Tragicomic Transpositions: The Influence of Spanish Prose Romance on the Development of Early Modern English Tragicomedy , Josefina Hardman, English

“The Blackness of Blackness”: Meta-Black Identity in 20th/21st Century African American Culture , Casey Hayman, English

Waiting for Now: Postcolonial Fiction and Colonial Time , Amanda Ruth Waugh Lagji, English

Latina Identities, Critical Literacies, and Academic Achievement in Community College , Morgan Lynn, English

Demanding Spaces: 1970s U.S. Women's Novels as Sites of Struggle , Kate Marantz, English

Novel Buildings: Architectural and Narrative Form in Victorian Fiction , Ashley R. Nadeau, English

CATCH FEELINGS: CLASS AFFECT AND PERFORMATIVITY IN TEACHING ASSOCIATES' NARRATIVES , Anna Rita Napoleone, English

Dialogue and "Dialect": Character Speech in American Fiction , Carly Overfelt, English

Materializing Transfer: Writing Dispositions in a Culture of Standardized Testing , Lisha Daniels Storey, English

Theatres of War: Performing Queer Nationalism in Modernist Narratives , Elise Swinford, English

Dissertations from 2016 2016

Multimodal Assessment in Action: What We Really Value in New Media Texts , Kathleen M. Baldwin, English

Addictive Reading: Nineteenth-Century Drug Literature's Possible Worlds , Adam Colman, English

"The Book Can't Teach You That": A Case Study of Place, Writing, and Tutors' Constructions of Writing Center Work , Christopher Joseph DiBiase, English

Protest Lyrics at Work: Labor Resistance Poetry of Depression-Era Autoworkers , Rebecca S. Griffin, English

From What Remains: The Politics of Aesthetic Mourning and the Poetics of Loss in Contemporary African American Culture , Kajsa K. Henry, English

Minor Subjects in America: Everyday Childhoods of the Long Nineteenth Century , Gina M. Ocasion, English

Enduring Affective Rhetorics: Transnational Feminist Action in Digital Spaces , Jessica Ouellette, English

The School Desk and the Writing Body , Marni M. Presnall, English

Sustainable Public Intellectualism: The Rhetorics of Student Scientist-Activists , Jesse Priest, English

Prosthetizing the Soul: Reading, Seeing, and Feeling in Seventeenth-Century Devotion , Katey E. Roden, English

Dissertations from 2015 2015

“As Child in Time”: Childhood, Temporality, and 19th Century U.S. Literary Imaginings of Democracy , Marissa Carrere, English

A National Style: A Critical Historiography of the Irish Short Story , Andrew Fox, English

Homosexuality is a Poem: How Gay Poets Remodeled the Lyric, Community and the Ideology of Sex to Theorize a Gay Poetic , Christopher M. Hennessy, English

Affecting Manhood: Masculinity, Effeminacy, and the Fop Figure in Early Modern English Drama , Jessica Landis, English

Who Do You Think You Are?: Recovering the Self in the Working Class Escape Narrative , Christine M. Maksimowicz, English

Metabolizing Capital: Writing, Information, and the Biophysical World , Christian J. Pulver, English

Audible Voice in Context , Airlie S. Rose, English

The Role of Online Reading and Writing in the Literacy Practices of First-Year Writing Students , Casey Burton Soto, English

Dissertations from 2014 2014

RESURRECTION: REPRESENTATIONS OF THE BLACK CHURCH IN CONTEMPORARY POPULAR CULTURE , Rachel J. Daniel, English

Seeing Blindness: The Visual and the Great War in Literary Modernism , Rachael Dworsky, English

HERE, THERE, AND IN BETWEEN: TRAVEL AS METAPHOR IN MIXED RACE NARRATIVES OF THE HARLEM RENAISSANCE , Colin Enriquez, English

Interactive Audience and the Internet , John R. Gallagher, English

Down from the Mountain and into the Mill: Literacy Sponsorship and Southern Appalachian Women in the New South , Emma M. Howes, English

Transnational Gestures: Rethinking Trauma in U.S. War Fiction , Ruth A.H. Lahti, English

"A More Natural Mother": Concepts of Maternity and Queenship in Early Modern England , Anne-Marie Kathleen Strohman, English

Dissertations from 2013 2013

Letters to a Dictionary: Competing Views of Language in the Reception of Webster's Third New International Dictionary , Anne Pence Bello, English

Staging the Depression: The Federal Theatre Project's Dramas of Poverty, 1935-1939 , Amy Brady, English

Our Story Has Not Been Told in any Moment: Radical Black Feminist Theatre From The Old Left to Black Power , Julie M Burrell, English

Writing for Social Action: Affect, Activism, and the Composition Classroom , Sarah Finn, English

Surviving Domestic Tensions: Existential Uncertainty in New World African Diasporic Women's Literature , Denia M Fraser, English

From Feathers to Fur: Theatrical Representations of Skin in the Medieval English Cycle Plays , Valerie Anne Gramling, English

The Reflexive Scaffold: Metatheatricality, Genre, and Cultural Performance in English Renaissance Drama , Nathaniel C. Leonard, English

The World Inscribed: Literary Form, Travel, and the Book in England, 1580-1660 , Philip S Palmer, English

Shakespearean Signifiers , Marie H Roche, English

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