law dissertation abstract

The Dissertation Abstract: 101

How to write a clear & concise abstract (with examples).

By:   Madeline Fink (MSc) Reviewed By: Derek Jansen (MBA)   | June 2020

So, you’ve (finally) finished your thesis or dissertation or thesis. Now it’s time to write up your abstract (sometimes also called the executive summary). If you’re here, chances are you’re not quite sure what you need to cover in this section, or how to go about writing it. Fear not – we’ll explain it all in plain language , step by step , with clear examples .

Overview: The Dissertation/Thesis Abstract

• What exactly is a dissertation (or thesis) abstract
• What’s the purpose and function of the abstract
• Why is the abstract so important
• How to write a high-quality dissertation abstract
• Example/sample of a quality abstract
• Quick tips to write a high-quality dissertation abstract

What is an abstract?

Simply put, the abstract in a dissertation or thesis is a short (but well structured) summary that outlines the most important points of your research (i.e. the key takeaways). The abstract is usually 1 paragraph or about 300-500 words long (about one page), but but this can vary between universities.

A quick note regarding terminology – strictly speaking, an abstract and an executive summary are two different things when it comes to academic publications. Typically, an abstract only states what the research will be about, but doesn’t explore the findings – whereas an executive summary covers both . However, in the context of a dissertation or thesis, the abstract usually covers both, providing a summary of the full project.

In terms of content, a good dissertation abstract usually covers the following points:

• The purpose of the research (what’s it about and why’s that important)
• The methodology (how you carried out the research)
• The key research findings (what answers you found)
• The implications of these findings (what these answers mean)

We’ll explain each of these in more detail a little later in this post. Buckle up.

What’s the purpose of the abstract?

A dissertation abstract has two main functions:

The first purpose is to  inform potential readers  of the main idea of your research without them having to read your entire piece of work. Specifically, it needs to communicate what your research is about (what were you trying to find out) and what your findings were . When readers are deciding whether to read your dissertation or thesis, the abstract is the first part they’ll consider. 

The second purpose of the abstract is to  inform search engines and dissertation databases  as they index your dissertation or thesis. The keywords and phrases in your abstract (as well as your keyword list) will often be used by these search engines to categorize your work and make it accessible to users. 

Simply put, your abstract is your shopfront display window – it’s what passers-by (both human and digital) will look at before deciding to step inside. 

Why’s it so important?

The short answer – because most people don’t have time to read your full dissertation or thesis! Time is money, after all…

If you think back to when you undertook your literature review , you’ll quickly realise just how important abstracts are! Researchers reviewing the literature on any given topic face a mountain of reading, so they need to optimise their approach. A good dissertation abstract gives the reader a “TLDR” version of your work – it helps them decide whether to continue to read it in its entirety. So, your abstract, as your shopfront display window, needs to “sell” your research to time-poor readers.

You might be thinking, “but I don’t plan to publish my dissertation”. Even so, you still need to provide an impactful abstract for your markers. Your ability to concisely summarise your work is one of the things they’re assessing, so it’s vital to invest time and effort into crafting an enticing shop window.  

A good abstract also has an added purpose for grad students . As a freshly minted graduate, your dissertation or thesis is often your most significant professional accomplishment and highlights where your unique expertise lies. Potential employers who want to know about this expertise are likely to only read the abstract (as opposed to reading your entire document) – so it needs to be good!

Think about it this way – if your thesis or dissertation were a book, then the abstract would be the blurb on the back cover. For better or worse, readers will absolutely judge your book by its cover .

How to write your abstract

As we touched on earlier, your abstract should cover four important aspects of your research: the purpose , methodology , findings , and implications . Therefore, the structure of your dissertation or thesis abstract needs to reflect these four essentials, in the same order.  Let’s take a closer look at each of them, step by step:

Step 1: Describe the purpose and value of your research

Here you need to concisely explain the purpose and value of your research. In other words, you need to explain what your research set out to discover and why that’s important. When stating the purpose of research, you need to clearly discuss the following:

• What were your research aims and research questions ?
• Why were these aims and questions important?

It’s essential to make this section extremely clear, concise and convincing . As the opening section, this is where you’ll “hook” your reader (marker) in and get them interested in your project. If you don’t put in the effort here, you’ll likely lose their interest.

Step 2: Briefly outline your study’s methodology

In this part of your abstract, you need to very briefly explain how you went about answering your research questions . In other words, what research design and methodology you adopted in your research. Some important questions to address here include:

• Did you take a qualitative or quantitative approach ?
• Who/what did your sample consist of?
• How did you collect your data?
• How did you analyse your data?

Simply put, this section needs to address the “ how ” of your research. It doesn’t need to be lengthy (this is just a summary, after all), but it should clearly address the four questions above.

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Step 3: Present your key findings

Next, you need to briefly highlight the key findings . Your research likely produced a wealth of data and findings, so there may be a temptation to ramble here. However, this section is just about the key findings – in other words, the answers to the original questions that you set out to address.

Again, brevity and clarity are important here. You need to concisely present the most important findings for your reader.

Step 4: Describe the implications of your research

Have you ever found yourself reading through a large report, struggling to figure out what all the findings mean in terms of the bigger picture? Well, that’s the purpose of the implications section – to highlight the “so what?” of your research. 

In this part of your abstract, you should address the following questions:

• What is the impact of your research findings on the industry /field investigated? In other words, what’s the impact on the “real world”. 
• What is the impact of your findings on the existing body of knowledge ? For example, do they support the existing research?
• What might your findings mean for future research conducted on your topic?

If you include these four essential ingredients in your dissertation abstract, you’ll be on headed in a good direction.

Example: Dissertation/thesis abstract

Here is an example of an abstract from a master’s thesis, with the purpose , methods , findings , and implications colour coded.

The U.S. citizenship application process is a legal and symbolic journey shaped by many cultural processes. This research project aims to bring to light the experiences of immigrants and citizenship applicants living in Dallas, Texas, to promote a better understanding of Dallas’ increasingly diverse population. Additionally, the purpose of this project is to provide insights to a specific client, the office of Dallas Welcoming Communities and Immigrant Affairs, about Dallas’ lawful permanent residents who are eligible for citizenship and their reasons for pursuing citizenship status . The data for this project was collected through observation at various citizenship workshops and community events, as well as through semi-structured interviews with 14 U.S. citizenship applicants . Reasons for applying for U.S. citizenship discussed in this project include a desire for membership in U.S. society, access to better educational and economic opportunities, improved ease of travel and the desire to vote. Barriers to the citizenship process discussed in this project include the amount of time one must dedicate to the application, lack of clear knowledge about the process and the financial cost of the application. Other themes include the effects of capital on applicant’s experience with the citizenship process, symbolic meanings of citizenship, transnationalism and ideas of deserving and undeserving surrounding the issues of residency and U.S. citizenship. These findings indicate the need for educational resources and mentorship for Dallas-area residents applying for U.S. citizenship, as well as a need for local government programs that foster a sense of community among citizenship applicants and their neighbours.

Practical tips for writing your abstract

When crafting the abstract for your dissertation or thesis, the most powerful technique you can use is to try and put yourself in the shoes of a potential reader. Assume the reader is not an expert in the field, but is interested in the research area. In other words, write for the intelligent layman, not for the seasoned topic expert. 

Start by trying to answer the question “why should I read this dissertation?”

Remember the WWHS.

Make sure you include the  what , why ,  how , and  so what  of your research in your abstract:

• What you studied (who and where are included in this part)
• Why the topic was important
• How you designed your study (i.e. your research methodology)
• So what were the big findings and implications of your research

Keep it simple.

Use terminology appropriate to your field of study, but don’t overload your abstract with big words and jargon that cloud the meaning and make your writing difficult to digest. A good abstract should appeal to all levels of potential readers and should be a (relatively) easy read. Remember, you need to write for the intelligent layman.

Be specific.

When writing your abstract, clearly outline your most important findings and insights and don’t worry about “giving away” too much about your research – there’s no need to withhold information. This is the one way your abstract is not like a blurb on the back of a book – the reader should be able to clearly understand the key takeaways of your thesis or dissertation after reading the abstract. Of course, if they then want more detail, they need to step into the restaurant and try out the menu.

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17 Comments

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Tips for Writing an Abstract

The abstract is a succinct description of your paper, and the first thing after your title that people read when they see your paper. Try to make it capture the reader's interest.

Outline of Abstract:

Paragraph 1

• Sentence 1: One short sentence, that uses active verbs and states the current state of things on your topic.
• Sentence 2: Describe the problem with the situation described in sentence one, possibly including a worst-case-scenario for what will happen if things continue in their current state.
• Sentence 3: In one sentence, describe your entire paper--what needs to be done to correct the problem from Sentence 1 and avoid the disaster from Sentence 2?
• Sentence 4: What has been written about this? If there is a common consensus among legal scholars, what is it? (Note any major scholars who espouse this vision).
• Sentence 5: What are those arguments missing?

Paragraph 2 :

• Sentence 1-3: How would you do it differently? Do you have a theoretical lens that you are applying in a new way? 
• Sentence 4: In one sentence, state the intellectual contribution that your paper makes, identifying the importance of your paper.

(from " How to Write a Good Abstract for a Law Review Article ," The Faculty Lounge, 2012).

Sample Student Abstracts

The following abstracts are from student-written articles published in Law Reviews and Journals. These abstracts are from articles that were awarded a Law-Review Award by Scribes: The American Society of Legal Writers . You can find more examples of student-written articles by searching the Law Journal Library in HeinOnline for the phrase "J.D. Candidate."

Mary E. Marshall, Miller v. Alabama and the Problem of Prediction, 119 Colum. L. Rev. 1633 (2019) .

Joseph DeMott, Rethinking Ashe v. Swenson from an Originalist Perspective, 71 Stan. L. Rev. 411 (2019)

Julie Lynn Rooney, Going Postal: Analyzing the Abuse of Mail Covers Under the Fourth Amendment, 70 Vand. L. Rev. 1627 (2017).

Michael Vincent, Computer-Managed Perpetual Trusts, 51 Jurimetrics J. 399 (2011).

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Law dissertations : a step-by-step guide.

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

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

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

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

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• How to Write an Abstract for a Dissertation or Thesis
• Doing a PhD

What is a Thesis or Dissertation Abstract?

The Cambridge English Dictionary defines an abstract in academic writing as being “ a few sentences that give the main ideas in an article or a scientific paper ” and the Collins English Dictionary says “ an abstract of an article, document, or speech is a short piece of writing that gives the main points of it ”.

Whether you’re writing up your Master’s dissertation or PhD thesis, the abstract will be a key element of this document that you’ll want to make sure you give proper attention to.

What is the Purpose of an Abstract?

The aim of a thesis abstract is to give the reader a broad overview of what your research project was about and what you found that was novel, before he or she decides to read the entire thesis. The reality here though is that very few people will read the entire thesis, and not because they’re necessarily disinterested but because practically it’s too large a document for most people to have the time to read. The exception to this is your PhD examiner, however know that even they may not read the entire length of the document.

Some people may still skip to and read specific sections throughout your thesis such as the methodology, but the fact is that the abstract will be all that most read and will therefore be the section they base their opinions about your research on. In short, make sure you write a good, well-structured abstract.

How Long Should an Abstract Be?

If you’re a PhD student, having written your 100,000-word thesis, the abstract will be the 300 word summary included at the start of the thesis that succinctly explains the motivation for your study (i.e. why this research was needed), the main work you did (i.e. the focus of each chapter), what you found (the results) and concluding with how your research study contributed to new knowledge within your field.

Woodrow Wilson, the 28th President of the United States of America, once famously said:

The point here is that it’s easier to talk open-endedly about a subject that you know a lot about than it is to condense the key points into a 10-minute speech; the same applies for an abstract. Three hundred words is not a lot of words which makes it even more difficult to condense three (or more) years of research into a coherent, interesting story.

What Makes a Good PhD Thesis Abstract?

Whilst the abstract is one of the first sections in your PhD thesis, practically it’s probably the last aspect that you’ll ending up writing before sending the document to print. The reason being that you can’t write a summary about what you did, what you found and what it means until you’ve done the work.

A good abstract is one that can clearly explain to the reader in 300 words:

• What your research field actually is,
• What the gap in knowledge was in your field,
• The overarching aim and objectives of your PhD in response to these gaps,
• What methods you employed to achieve these,
• You key results and findings,
• How your work has added to further knowledge in your field of study.

Another way to think of this structure is:

• Introduction,
• Aims and objectives,
• Discussion,
• Conclusion.

Following this ‘formulaic’ approach to writing the abstract should hopefully make it a little easier to write but you can already see here that there’s a lot of information to convey in a very limited number of words.

How Do You Write a Good PhD Thesis Abstract?

The biggest challenge you’ll have is getting all the 6 points mentioned above across in your abstract within the limit of 300 words . Your particular university may give some leeway in going a few words over this but it’s good practice to keep within this; the art of succinctly getting your information across is an important skill for a researcher to have and one that you’ll be called on to use regularly as you write papers for peer review.

Keep It Concise

Every word in the abstract is important so make sure you focus on only the key elements of your research and the main outcomes and significance of your project that you want the reader to know about. You may have come across incidental findings during your research which could be interesting to discuss but this should not happen in the abstract as you simply don’t have enough words. Furthermore, make sure everything you talk about in your thesis is actually described in the main thesis.

Make a Unique Point Each Sentence

Keep the sentences short and to the point. Each sentence should give the reader new, useful information about your research so there’s no need to write out your project title again. Give yourself one or two sentences to introduce your subject area and set the context for your project. Then another sentence or two to explain the gap in the knowledge; there’s no need or expectation for you to include references in the abstract.

Explain Your Research

Some people prefer to write their overarching aim whilst others set out their research questions as they correspond to the structure of their thesis chapters; the approach you use is up to you, as long as the reader can understand what your dissertation or thesis had set out to achieve. Knowing this will help the reader better understand if your results help to answer the research questions or if further work is needed.

Keep It Factual

Keep the content of the abstract factual; that is to say that you should avoid bringing too much or any opinion into it, which inevitably can make the writing seem vague in the points you’re trying to get across and even lacking in structure.

Write, Edit and Then Rewrite

Spend suitable time editing your text, and if necessary, completely re-writing it. Show the abstract to others and ask them to explain what they understand about your research – are they able to explain back to you each of the 6 structure points, including why your project was needed, the research questions and results, and the impact it had on your research field? It’s important that you’re able to convey what new knowledge you contributed to your field but be mindful when writing your abstract that you don’t inadvertently overstate the conclusions, impact and significance of your work.

Thesis and Dissertation Abstract Examples

Perhaps the best way to understand how to write a thesis abstract is to look at examples of what makes a good and bad abstract.

Example of A Bad Abstract

Let’s start with an example of a bad thesis abstract:

In this project on “The Analysis of the Structural Integrity of 3D Printed Polymers for use in Aircraft”, my research looked at how 3D printing of materials can help the aviation industry in the manufacture of planes. Plane parts can be made at a lower cost using 3D printing and made lighter than traditional components. This project investigated the structural integrity of EBM manufactured components, which could revolutionise the aviation industry.

What Makes This a Bad Abstract

Hopefully you’ll have spotted some of the reasons this would be considered a poor abstract, not least because the author used up valuable words by repeating the lengthy title of the project in the abstract.

Working through our checklist of the 6 key points you want to convey to the reader:

• There has been an attempt to introduce the research area , albeit half-way through the abstract but it’s not clear if this is a materials science project about 3D printing or is it about aircraft design.
• There’s no explanation about where the gap in the knowledge is that this project attempted to address.
• We can see that this project was focussed on the topic of structural integrity of materials in aircraft but the actual research aims or objectives haven’t been defined.
• There’s no mention at all of what the author actually did to investigate structural integrity. For example was this an experimental study involving real aircraft, or something in the lab, computer simulations etc.
• The author also doesn’t tell us a single result of his research, let alone the key findings !
• There’s a bold claim in the last sentence of the abstract that this project could revolutionise the aviation industry, and this may well be the case, but based on the abstract alone there is no evidence to support this as it’s not even clear what the author did .

This is an extreme example but is a good way to illustrate just how unhelpful a poorly written abstract can be. At only 71 words long, it definitely hasn’t maximised the amount of information that could be presented and the what they have presented has lacked clarity and structure.

A final point to note is the use of the EBM acronym, which stands for Electron Beam Melting in the context of 3D printing; this is a niche acronym for the author to assume that the reader would know the meaning of. It’s best to avoid acronyms in your abstract all together even if it’s something that you might expect most people to know about, unless you specifically define the meaning first.

Example of A Good Abstract

Having seen an example of a bad thesis abstract, now lets look at an example of a good PhD thesis abstract written about the same (fictional) project:

Additive manufacturing (AM) of titanium alloys has the potential to enable cheaper and lighter components to be produced with customised designs for use in aircraft engines. Whilst the proof-of-concept of these have been promising, the structural integrity of AM engine parts in response to full thrust and temperature variations is not clear.

The primary aim of this project was to determine the fracture modes and mechanisms of AM components designed for use in Boeing 747 engines. To achieve this an explicit finite element (FE) model was developed to simulate the environment and parameters that the engine is exposed to during flight. The FE model was validated using experimental data replicating the environmental parameters in a laboratory setting using ten AM engine components provided by the industry sponsor. The validated FE model was then used to investigate the extent of crack initiation and propagation as the environment parameters were adjusted.

This project was the first to investigate fracture patterns in AM titanium components used in aircraft engines; the key finding was that the presence of cavities within the structures due to errors in the printing process, significantly increased the risk of fracture. Secondly, the simulations showed that cracks formed within AM parts were more likely to worsen and lead to component failure at subzero temperatures when compared to conventionally manufactured parts. This has demonstrated an important safety concern which needs to be addressed before AM parts can be used in commercial aircraft.

What Makes This a Good Abstract

Having read this ‘good abstract’ you should have a much better understand about what the subject area is about, where the gap in the knowledge was, the aim of the project, the methods that were used, key results and finally the significance of these results. To break these points down further, from this good abstract we now know that:

• The research area is around additive manufacturing (i.e. 3D printing) of materials for use in aircraft.
• The gap in knowledge was how these materials will behave structural when used in aircraft engines.
• The aim was specifically to investigate how the components can fracture.
• The methods used to investigate this were a combination of computational and lab based experimental modelling.
• The key findings were the increased risk of fracture of these components due to the way they are manufactured.
• The significance of these findings were that it showed a potential risk of component failure that could comprise the safety of passengers and crew on the aircraft.

The abstract text has a much clearer flow through these different points in how it’s written and has made much better use of the available word count. Acronyms have even been used twice in this good abstract but they were clearly defined the first time they were introduced in the text so that there was no confusion about their meaning.

The abstract you write for your dissertation or thesis should succinctly explain to the reader why the work of your research was needed, what you did, what you found and what it means. Most people that come across your thesis, including any future employers, are likely to read only your abstract. Even just for this reason alone, it’s so important that you write the best abstract you can; this will not only convey your research effectively but also put you in the best light possible as a researcher.

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• How to Write an Abstract | Steps & Examples

How to Write an Abstract | Steps & Examples

Published on 1 March 2019 by Shona McCombes . Revised on 10 October 2022 by Eoghan Ryan.

An abstract is a short summary of a longer work (such as a dissertation or research paper ). The abstract concisely reports the aims and outcomes of your research, so that readers know exactly what your paper is about.

Although the structure may vary slightly depending on your discipline, your abstract should describe the purpose of your work, the methods you’ve used, and the conclusions you’ve drawn.

One common way to structure your abstract is to use the IMRaD structure. This stands for:

• Introduction

Abstracts are usually around 100–300 words, but there’s often a strict word limit, so make sure to check the relevant requirements.

In a dissertation or thesis , include the abstract on a separate page, after the title page and acknowledgements but before the table of contents .

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Table of contents

Abstract example, when to write an abstract, step 1: introduction, step 2: methods, step 3: results, step 4: discussion, tips for writing an abstract, frequently asked questions about abstracts.

Hover over the different parts of the abstract to see how it is constructed.

This paper examines the role of silent movies as a mode of shared experience in the UK during the early twentieth century. At this time, high immigration rates resulted in a significant percentage of non-English-speaking citizens. These immigrants faced numerous economic and social obstacles, including exclusion from public entertainment and modes of discourse (newspapers, theater, radio).

Incorporating evidence from reviews, personal correspondence, and diaries, this study demonstrates that silent films were an affordable and inclusive source of entertainment. It argues for the accessible economic and representational nature of early cinema. These concerns are particularly evident in the low price of admission and in the democratic nature of the actors’ exaggerated gestures, which allowed the plots and action to be easily grasped by a diverse audience despite language barriers.

Keywords: silent movies, immigration, public discourse, entertainment, early cinema, language barriers.

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You will almost always have to include an abstract when:

• Completing a thesis or dissertation
• Submitting a research paper to an academic journal
• Writing a book proposal
• Applying for research grants

It’s easiest to write your abstract last, because it’s a summary of the work you’ve already done. Your abstract should:

• Be a self-contained text, not an excerpt from your paper
• Be fully understandable on its own
• Reflect the structure of your larger work

Start by clearly defining the purpose of your research. What practical or theoretical problem does the research respond to, or what research question did you aim to answer?

You can include some brief context on the social or academic relevance of your topic, but don’t go into detailed background information. If your abstract uses specialised terms that would be unfamiliar to the average academic reader or that have various different meanings, give a concise definition.

After identifying the problem, state the objective of your research. Use verbs like “investigate,” “test,” “analyse,” or “evaluate” to describe exactly what you set out to do.

This part of the abstract can be written in the present or past simple tense  but should never refer to the future, as the research is already complete.

• This study will investigate the relationship between coffee consumption and productivity.
• This study investigates the relationship between coffee consumption and productivity.

Next, indicate the research methods that you used to answer your question. This part should be a straightforward description of what you did in one or two sentences. It is usually written in the past simple tense, as it refers to completed actions.

• Structured interviews will be conducted with 25 participants.
• Structured interviews were conducted with 25 participants.

Don’t evaluate validity or obstacles here — the goal is not to give an account of the methodology’s strengths and weaknesses, but to give the reader a quick insight into the overall approach and procedures you used.

Next, summarise the main research results . This part of the abstract can be in the present or past simple tense.

• Our analysis has shown a strong correlation between coffee consumption and productivity.
• Our analysis shows a strong correlation between coffee consumption and productivity.
• Our analysis showed a strong correlation between coffee consumption and productivity.

Depending on how long and complex your research is, you may not be able to include all results here. Try to highlight only the most important findings that will allow the reader to understand your conclusions.

Finally, you should discuss the main conclusions of your research : what is your answer to the problem or question? The reader should finish with a clear understanding of the central point that your research has proved or argued. Conclusions are usually written in the present simple tense.

• We concluded that coffee consumption increases productivity.
• We conclude that coffee consumption increases productivity.

If there are important limitations to your research (for example, related to your sample size or methods), you should mention them briefly in the abstract. This allows the reader to accurately assess the credibility and generalisability of your research.

If your aim was to solve a practical problem, your discussion might include recommendations for implementation. If relevant, you can briefly make suggestions for further research.

If your paper will be published, you might have to add a list of keywords at the end of the abstract. These keywords should reference the most important elements of the research to help potential readers find your paper during their own literature searches.

Be aware that some publication manuals, such as APA Style , have specific formatting requirements for these keywords.

It can be a real challenge to condense your whole work into just a couple of hundred words, but the abstract will be the first (and sometimes only) part that people read, so it’s important to get it right. These strategies can help you get started.

Read other abstracts

The best way to learn the conventions of writing an abstract in your discipline is to read other people’s. You probably already read lots of journal article abstracts while conducting your literature review —try using them as a framework for structure and style.

You can also find lots of dissertation abstract examples in thesis and dissertation databases .

Reverse outline

Not all abstracts will contain precisely the same elements. For longer works, you can write your abstract through a process of reverse outlining.

For each chapter or section, list keywords and draft one to two sentences that summarise the central point or argument. This will give you a framework of your abstract’s structure. Next, revise the sentences to make connections and show how the argument develops.

Write clearly and concisely

A good abstract is short but impactful, so make sure every word counts. Each sentence should clearly communicate one main point.

To keep your abstract or summary short and clear:

• Avoid passive sentences: Passive constructions are often unnecessarily long. You can easily make them shorter and clearer by using the active voice.
• Avoid long sentences: Substitute longer expressions for concise expressions or single words (e.g., “In order to” for “To”).
• Avoid obscure jargon: The abstract should be understandable to readers who are not familiar with your topic.
• Avoid repetition and filler words: Replace nouns with pronouns when possible and eliminate unnecessary words.
• Avoid detailed descriptions: An abstract is not expected to provide detailed definitions, background information, or discussions of other scholars’ work. Instead, include this information in the body of your thesis or paper.

If you’re struggling to edit down to the required length, you can get help from expert editors with Scribbr’s professional proofreading services .

Check your formatting

If you are writing a thesis or dissertation or submitting to a journal, there are often specific formatting requirements for the abstract—make sure to check the guidelines and format your work correctly. For APA research papers you can follow the APA abstract format .

Checklist: Abstract

The word count is within the required length, or a maximum of one page.

The abstract appears after the title page and acknowledgements and before the table of contents .

I have clearly stated my research problem and objectives.

I have briefly described my methodology .

I have summarized the most important results .

I have stated my main conclusions .

I have mentioned any important limitations and recommendations.

The abstract can be understood by someone without prior knowledge of the topic.

You've written a great abstract! Use the other checklists to continue improving your thesis or dissertation.

An abstract is a concise summary of an academic text (such as a journal article or dissertation ). It serves two main purposes:

• To help potential readers determine the relevance of your paper for their own research.
• To communicate your key findings to those who don’t have time to read the whole paper.

Abstracts are often indexed along with keywords on academic databases, so they make your work more easily findable. Since the abstract is the first thing any reader sees, it’s important that it clearly and accurately summarises the contents of your paper.

An abstract for a thesis or dissertation is usually around 150–300 words. There’s often a strict word limit, so make sure to check your university’s requirements.

The abstract is the very last thing you write. You should only write it after your research is complete, so that you can accurately summarize the entirety of your thesis or paper.

Avoid citing sources in your abstract . There are two reasons for this:

• The abstract should focus on your original research, not on the work of others.
• The abstract should be self-contained and fully understandable without reference to other sources.

There are some circumstances where you might need to mention other sources in an abstract: for example, if your research responds directly to another study or focuses on the work of a single theorist. In general, though, don’t include citations unless absolutely necessary.

The abstract appears on its own page, after the title page and acknowledgements but before the table of contents .

Cite this Scribbr article

If you want to cite this source, you can copy and paste the citation or click the ‘Cite this Scribbr article’ button to automatically add the citation to our free Reference Generator.

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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

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Allard School of Law Theses and Dissertations Abstracts & Full Text

To search for Peter A. Allard School of Law theses, please click on this Open Collections Search . Sample search strategy: change Search type from “Full Text” to “Abstract/Summary” and enter search terms in “Search for” box. Use quotation marks for phrases e.g. “aboriginal law”.

Print copies of most of these Allard School of Law theses are available in the Law Library level 3 at LE3.B7, arranged by year. For additional information about theses, see Theses Resources and Theses & Dissertations

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Fitzpatrick , Jacqueline Hope (LL.M.) Deciding on ESG : the business judgment rule in Canada, Germany, and Delaware and its impact on corporate adoption of ESG ABSTRACT | FULL TEXT

Abaya-Habibullah , Ritchelle Aubrey (LL.M.) Trapped by a record : how information sharing between schools and police agencies perpetuate the school to prison pipeline ABSTRACT | FULL TEXT

Ellison , Hannah (LL.M.) Empowering autonomy : a novel approach to the right to accessible abortion : exploring realities from the perspective of abortion seekers in Canada and England and Wales ABSTRACT | FULL TEXT

Gilmour , Thomas (LL.M.) “Revitalizing” environmental assessment : interpreting the Environmental Assessment Act in light of the United Nations Declaration on the Rights of Indigenous Peoples ABSTRACT | FULL TEXT

Kim , Hyojung (LL.M.) A balance between flexibility and certainty in fair use : analysis of the compatibility of US fair use and Canadian fair dealing with Korean copyright law ABSTRACT | FULL TEXT

Muftau , Ismail (LL.M.) Overview of the African continental free trade area (AfCFTA) and challenges of implementation : Nigeria and South Africa’s implementation as case studies ABSTRACT | FULL TEXT

Nosek , Grace (Ph.D.) Climate discourse polluted : a cumulative effects analysis of the fossil fuel industry’s tactics to influence public discourse ABSTRACT | FULL TEXT

Peterson , Ryan (LL.M.) Applying context theory : the narrative of homelessness and law ABSTRACT | FULL TEXT

Vohra , Apurva (LL.M.) Social order in the age of artificial intelligence : the use of technology in migration governance and decision-making ABSTRACT | FULL TEXT

Yule , Alison Mary (LL.M.) Examining the judicial imposition of indeterminate sentences for dangerous offenders in Canada ABSTRACT | FULL TEXT

Aikenhead , Moira (Ph.D.) Canada’s criminal justice response to technology-facilitated intimate partner violence ABSTRACT | FULL TEXT

Bateman , C.G. (Ph.D.) Bishops on the bench : why Constantine legislated Christian bishops into the role of judges ABSTRACT | FULL TEXT

Eze , Chinenye Helen (LL.M.) Beyond finders keepers : bioprospecting, patents and human genetic materials ABSTRACT | FULL TEXT

Huberman , Magal (LL.M.) Between court and context : relocation cases in British Columbia ABSTRACT | FULL TEXT

Kucukali , Berna Tugce (LL.M.) The protection of AI-generated works under European copyright law : toward adoption of a neighbouring rights approach ABSTRACT | FULL TEXT

Leslie , Jason Stuart (Ph.D.) The financialization of housing in Canada and federally-backed mortgage securitization : public risks, private benefits ABSTRACT | FULL TEXT

Omotor , Stanley Oghenevwairhe (LL.M.) Sustaining the corporate income tax rates of small businesses in developing economies : lessons for Nigeria from Canada, South Africa, and the UK ABSTRACT | FULL TEXT

Ponomarenko , Iryna (Ph.D.) Towards a theory of deference in Canadian proportionality jurisprudence ABSTRACT | FULL TEXT

Rabbi , Nahid (LL.M.) Development-induced forcible displacement as a crime against humanity of forcible transfer of population under the Rome Statute ABSTRACT | FULL TEXT

Williams-Davidson , Terri-Lynn (LL.M.) Ts’uu JaasG̲alang hlG̲aajuu : cedar sisters framework ABSTRACT | FULL TEXT

Ajaja , Oluwaseun Oluwasegun (LL.M.) Deliberative democracy and problems of democratic governance in Nigeria ABSTRACT | FULL TEXT

Bolger , Ellen (LL.M.) Habeas corpus after Khela : dynamics attenuating prisoners’ rights ABSTRACT | FULL TEXT

Cornejo , Sofia (LL.M.) No parents left behind : a feminist and intersectional perspective on Canadian and Argentine parental leave laws ABSTRACT | FULL TEXT

Dzah , Godwin Eli Kwadzo (Ph.D.) Sustainable development : Africa’s hidden and not-so-hidden contribution to its law, politics, and history ABSTRACT | FULL TEXT

Edwards , Maxwell (LL.M.) Regulatory capture in Canadian environmental decision-making ABSTRACT | FULL TEXT

Martin , Thomas (LL.M.) Is global convergence of competition law the answer? How East Asian challenges demonstrate the limitations of the convergence strategy ABSTRACT | FULL TEXT

Oke , Oluwakemi Oluwafunmilayo (LL.M.) Implementing global norms in local contexts : evaluating the effectiveness of transparency and accountability in the Nigerian extractive sector ABSTRACT | FULL TEXT

Omotosho , Mariam Ololade (LL.M.) Impact of regulatory frameworks on informal cross border trade in Nigeria : a case study of the rice import restriction and border closure of 2019 ABSTRACT | FULL TEXT

Sankey , Jennifer M. (Ph.D.) Using Indigenous legal processes to strengthen Indigenous jurisdiction : Squamish Nation land use planning and the Squamish Nation assessment of the Woodfibre liquefied natural gas projects ABSTRACT | FULL TEXT

Ziyi , Yang (LL.M.) Family planning and gender discrimination in the workplace : an assessment of China’s two-child policy on women’s equality at work ABSTRACT | FULL TEXT

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Chapman , Alexandra (LL.M.) Walking the talk? Examining the EU and China’s claims to climate leadership in the negotiation and implementation of the Paris Agreement ABSTRACT | FULL TEXT

Caunt , Lachlan (Ph.D.) Deterrence in the law of negligence ABSTRACT | FULL TEXT

Cumming , Kaitlyn (LL.M.) Current trends in Canadian civil justice system reform : manufactured simplicity or equitable access to justice? ABSTRACT | FULL TEXT

Chizik , Natali Daiana (LL.M.) The implementation of trial by jury in Argentina : the analysis of a legal transplant as a method of reform ABSTRACT | FULL TEXT

Itamunoala , Sarah Tamunonengioforie (LL.M.) Plugging the drain : promoting environmental justice in the Niger Delta through judicial independence ABSTRACT | FULL TEXT

Maharaj , Krishneel (Ph.D.) An equitable approach to mitigation in contract ABSTRACT | FULL TEXT

Nickason , Millicent Frances (Ph.D.) Nation-building in 21st century Canada: the role of legitimacy in the transformation of Crown-First Nations relations ABSTRACT | FULL TEXT

Rainforth , George (LL.M.) How do the jurisdictions of India, Canada and the United Kingdom interpret the inventive step requirement for follow-on pharmaceutical innovation? ABSTRACT | FULL TEXT

Pilliar , Andrew (Ph.D.) Understanding the market for personal legal services to improve access to civil justice in Canada ABSTRACT | FULL TEXT

Russell , Shannon (LL.M.) Exploring the role of penetration in sexual offences in Canada ABSTRACT | FULL TEXT

Yorgun , Siobhan L. (Ph.D.) “Other” women in flight : sexual minority and polygynous refugee women ABSTRACT | FULL TEXT

Anika , Ijeamaka Elizabeth (LL.M.) New technology for old crimes? the role of cryptocurrencies in circumventing the global anti-money laundering regime and facilitating transnational crime ABSTRACT | FULL TEXT

Bazilli , Susan Margaret (Ph.D.) Exploring the route from Nairobi to Beijing plus twenty : feminist activist reflections on rights advocacy ABSTRACT | FULL TEXT

Bingyu , Liu. (Ph.D.) China’s state-centric approach to corporate social responsibility (CSR) abroad : a case study in Africa ABSTRACT | FULL TEXT

Dieleman , Carmelle (LL.M.) Preserving the Charter in administrative law : a critique of the Supreme Court of Canada’s decision in Law Society of British Columbia v. Trinity Western University ABSTRACT | FULL TEXT Gunn , Kathryn (LL.M.) Voices in the wilderness : Treaty 3 & the dissent of the supreme court in St. Catherine’s ABSTRACT | FULL TEXT

Makinde , Oludolapo ‘Toyosi (LL.M.) Developing corporate governance in Nigeria : lessons from a comparative analysis of Nigerian and Canadian corporate governance frameworks ABSTRACT | FULL TEXT

McCleery , Kyle Andrew (LL.M.) The paramount consideration : decision-making by the British Columbia Review Board in initial disposition decisions ABSTRACT | FULL TEXT

Mundorff , Kurt (Ph.D.) A cultural interpretation of the Genocide Convention ABSTRACT | FULL TEXT

Naef , Brendan (Ph.D.) The responsibility of home states for violations of international obligations by their corporate citizens in fragile states ABSTRACT | FULL TEXT

Neun , Heather (LL.M.) Law’s meanings for equality in the Americas : less impoverished visions for Canada ABSTRACT | FULL TEXT

Pauer , Stefan U. (Ph.D.) Border carbon adjustments in support of domestic climate policies : explaining the gap between theory and practice ABSTRACT | FULL TEXT

Rei-Anderson , Cody (LL.M.) What role for copyright in podcasting? : a study of crowdfunding and advertising models in an emerging medium ABSTRACT | FULL TEXT

Barta , Winston Victor (LL.M.) An analysis of the proposed regulatory reforms for derivatives trading in Canada ABSTRACT | FULL TEXT

Duruike , Princess (LL.M.) Climate change litigation and corporate accountability in Nigeria : the pathway to climate justice? ABSTRACT | FULL TEXT

Garcia , Regiane Alves (Ph.D.) Advancing citizen participation in health governance and the right to health in Brazil: the role of the national health council ABSTRACT | FULL TEXT

Hall , Margaret Isabel (Ph.D.) Rethinking the adult guardianship response : mental capacity and vulnerability in the context of dementia in old age ABSTRACT | FULL TEXT

Higham , Catherine (LL.M.) Reimagining responsibility : how human rights due diligence practices could inform judicial responses to climate accountability litigation ABSTRACT | FULL TEXT

Hrymak , Haley (L.L.M) The opioid crisis as health crisis, not criminal crisis : implications for the criminal justice system ABSTRACT | FULL TEXT

Joeck , Molly Emilia Esbenshader (LL.M.) Refugee protection at the edges : exclusion for serious criminality in Canada since Febles ABSTRACT | FULL TEXT

Lai , Amy T. Y. (Ph.D.) The right to parody : copyright and free speech in selected jurisdictions ABSTRACT | FULL TEXT

MacDonald , Susan D. (LL.M.) Sport slavery. The exploitation of teenagers by ‘mock-amateur’ for-profit sport cartels : a study of the National Collegiate Athletic Association (NCAA) & the Canadian Hockey League (CHL) : can law obtain compensation for these monetized young stars? ABSTRACT | FULL TEXT

Okeowo , Ademola Oladimeji (Ph.D.) The Nansen Initiative and the development of an international protection norm for cross-border disaster-displaced persons ABSTRACT | FULL TEXT

Olyaei , Shiva (Ph.D.) A critical analysis of the role of law and feminist legal approaches in women’s life advancement : a case study of the one million signatures campaign ABSTRACT | FULL TEXT

Pike , Sarah P. (LL.M.) Gilbert Malcolm Sproat, British Columbia Indian reserve commissioner (1876-1880), and the “humanitarian civilizing” of indigenous peoples ABSTRACT | FULL TEXT

Prebble , Zoë Margaret (Ph.D.) Overlapping criminal offences and gendered violence : what is overlap and when is it part of the problem of overcriminalisation? ABSTRACT | FULL TEXT

Alani , Aniz (LL.M.) In search of a marriage counsellor : a proposal for strengthening the enforcement of Canadian constitutional conventions as legal rules of political behaviour ABSTRACT | FULL TEXT

Cedillo Corral , Erika Marcela (Ph.D.) Arbitration and the public policy exception in Mexico : local exceptions to global standards ABSTRACT | FULL TEXT

Hassan , Maira (LL.M.) Making ‘space’ for women in Canadian peacekeeping : the battle of closing the gap ABSTRACT | FULL TEXT

Ledger , Matthew (LL.M.) The best interests of the child and the potential of collaborative family law : a critical analysis of collaborative lawyers’ perspectives on important issues in collaborative practice ABSTRACT | FULL TEXT

Li , Juan (Ph.D.) Legal culture of migrant construction workers in China ABSTRACT | FULL TEXT

Liang , Wenqin (Ph.D.) Governing China’s domestic carbon market ABSTRACT | FULL TEXT

Luesley , Andrew John Arthur (LL.M.) Playing the race card : racial bias in judicial decision-making ABSTRACT | FULL TEXT

Munnariz , Gerardo J. (Ph.D.) Indigenous peoples and international human rights law : mining, multinational corporations and the struggles of indigenous peoples in Peru ABSTRACT | FULL TEXT

Muquim , Naimul (LL.M.) Strangers to citizenship : an analysis of the deplorable conditions of the Urdu-speaking community in Bangladesh ABSTRACT | FULL TEXT

Nosek , Grace (LL.M.) Climate change litigation and narrative : how to use litigation to tell compelling climate stories ABSTRACT | FULL TEXT

Olarewaju , Temitayo (LL.M.) The quest for development in chaos : what crisis events reveal about Nigeria’s legal system ABSTRACT | FULL TEXT

Tepre , Paul (LL.M.) Liability deficit problem of multinational corporate groups : a proposal for legislative and judicial reform ABSTRACT | FULL TEXT

Villaseñor Rodriguez , Fernando (Ph.D.) The constitutionalization of the right to social security : a comparative analysis between Japan and Mexico ABSTRACT | FULL TEXT

Zegrean , Ivona-Elena (LL.M.) Consumer welfare and private actions for damages in European Union competition law ABSTRACT | FULL TEXT

Bassett,  Andrea (LL.M.) A more nuanced approach to environmental hazards? : a critical review of the existence, priorities and scope of the Minamata Convention on Mercury ABSTRACT | FULL TEXT

Cloutier de Repentingny , Pierre (LL.M.) The sustainability of biofuels : a principled lifecycle assessment of the 2009 European Union Renewable Energy Directive and its framework ABSTRACT | FULL TEXT

Hammond,  Ama Fowa (Ph.D.) Towards an inclusive vision of law reform and legal pluralism in Ghana ABSTRACT | FULL TEXT

Hao,  Si (Ph.D.) Alleviating the corporate social responsibility reporting-performance inconsistency : a tentative proposal of the “reflexive law plus” model ABSTRACT | FULL TEXT

Kerluke , Michelle (LL.M.) Canadian trademarks and keyword advertising : the unsettled debate over trademark keywords ABSTRACT | FULL TEXT

Kiyani , Asad Ghaffar (Ph.D.) International crime and the politics of international criminal theory ABSTRACT | FULL TEXT

Liao,  Carol (Ph.D.) For-profit, non-profit, and hybrid : the global emergence of legally ‘good’ corporations and the Canadian experiment ABSTRACT | FULL TEXT

Liu , Yue (Ph.D.) Autonomy of Chinese judges : dynamics of people’s courts, the CPP and the public in contemporary judicial reform ABSTRACT | FULL TEXT

Levesque , Jordan (LL.M.) The right to be forgotten : no solution to the challenges of the digital environment ABSTRACT | FULL TEXT

Manley-Casimir,  Kirsten (Ph.D.) Reconceiving the duty to consult and accommodate Aboriginal peoples : a relational approach ABSTRACT | FULL TEXT

Nash , Brett Jason (LL.M.) Confluence of the law of fresh water resources and international trade : do Canada’s international trade obligations apply to Canada’s fresh water resources? ABSTRACT | FULL TEXT

Vogl , Anthea Fay (Ph.D.) Refugee status determination, narrative and the oral hearing in Australia and Canada ABSTRACT | FULL TEXT

Zhang,  Yulin (Ph.D.) Impartial resolution of disputes in China : an intellectual property perspective ABSTRACT | FULL TEXT

Adamski , Olivia-Nathale (LL.M.) Convertible preferred stock : testing the legal framework of the U.S. venture capital model in China ABSTRACT | FULL TEXT

Braun , Joy Anne Fay (L.L.M) An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants} ABSTRACT | FULL TEXT

Bolton , Tessa (LL.M.) Potential and peril : incapacitation in the new age of international criminal law ABSTRACT | FULL TEXT

Caunt,  Lachlan (LL.M.) Hows, whys, and but-fors : theorizing, comparing and solution finding within the principle of material contribution to risk in the law of negligence ABSTRACT | FULL TEXT

Gibb-Carsley , John (L.L.M) Dealing with the dragon : what safeguards are required to make an extradition treaty between Canada and the People’s Republic of China conform to Canadian extradition law? ABSTRACT | FULL TEXT

Hawa , Husam Eddin (Ph.D.) Towards a higher standard for international disability rights and social justice : an Islamic perspective on the universal right to social welfare for people with special challenges ABSTRACT | FULL TEXT

Ifeonu , Eberechi (Ph.D.) An imperial beast of different species or international justice? : universal jurisdiction and the African Union’s opposition ABSTRACT | FULL TEXT

Johnston , Natalie (LL.M.) Interwoven legal traditions. The extent to which state based decision makers are engaging with indigenous legal traditions and the extent to which this is feasible : a celebration of an exceptional outcome ABSTRACT | FULL TEXT

Leslie , Jason (LL.M.) Pluralist moral theory in the philosophy and the legal form of the condominium ABSTRACT | FULL TEXT

Lund , Anna Jane Samis (Ph.D.) Discretionary decision-making by trustees in Canada’s personal bankruptcy system ABSTRACT | FULL TEXT

Luo , Jiajun (LL.M.) China toward Constitutionalism? Institutional development under the Socialist Rule of Law system ABSTRACT | FULL TEXT

Wojda , Magdalena A. (L.L.M) A focus on the risk of harm : applying a risk-centered purposive approach to the interpretation of “personal information” under Canadian data protection laws ABSTRACT | FULL TEXT

Abogado , Andrés (LL.M.) Mexican refugee claimants : cheating the system? ABSTRACT | FULL TEXT

Aikenhead , Moira (LL.M.) Revisions to Canada’s sentencing regime as a remedy to the over-incarceration of persons with mental disabilities ABSTRACT | FULL TEXT

Burnett , Tamara Ashley Margaret (LL.M.) Subtle expressions of gender inequality : exploring the application of aggravating and mitigating factors in sentencing decisions for sexual assault offences ABSTRACT | FULL TEXT

Clarkson , Alexander Ross (LL.M.) The jurisdiction to regulate aquaculture in Canada ABSTRACT | FULL TEXT

Cody , Michael (Ph.D.) Dialogic regulation : the talking cure for corporations ABSTRACT | FULL TEXT

Eluromma , Charles Onyehinim (LL.M.) Majority rule and minority protection in private corporations : a comparative appraisal of the problems and remedies under the Canadian and Nigerian jurisdiction ABSTRACT | FULL TEXT

Hawkshaw , Robert Stephen (LL.M.) Tax information exchange and the erosion of taxpayer privacy rights ABSTRACT | FULL TEXT

Jessiman,  Stacey Rae (LL.M.) Understanding and resolving cultural heritage repatriation disputes between indigenous peoples and museums ABSTRACT | FULL TEXT

Johnson , Michael Leonard (LL.M.) Guardianship law : doctrine, theory, objective ABSTRACT | FULL TEXT

Min , Jeewon (Ph.D.) Transnational law and borders in the Korean peninsula and beyond. ABSTRACT | FULL TEXT

Mosimann , Michael Peter (LL.M.) Corporate legal aspects of impact investments in British Columbia ABSTRACT | FULL TEXT

Ouatu , Marcela (LL.M.) Modified universalism for cross-border insolvencies : does it work in practice? ABSTRACT | FULL TEXT

Peihani , Maziar (Ph.D.) Basel committee on banking supervision : a post-crisis analysis of governance and accountability ABSTRACT | FULL TEXT

Ramirez-Espinosa , Naayeli Esperanza (Ph.D.) Indigenous struggles for land rights in Canada, Japan and Mexico : Delgamuukw, Nibutani Dam and Zirahuén ABSTRACT | FULL TEXT

Steenkamp , Tania (LL.M.) South Africa’s new bilateral investment treaty policy : a reasonable response to a flawed regime? ABSTRACT | FULL TEXT

Welch , Elizabeth Ann (LL.M.) Succumbing to the siren song : rape myths in sexual offender sentencing in B.C. ABSTRACT | FULL TEXT

Boardman , Charlotte Mary (LL.M.) Considering consideration : a critical and comparative analysis of the doctrine of consideration in the Anglo-Canadian common law ABSTRACT | FULL TEXT

Bowbrick , Graeme (LL.M.) Judicial compensation in Canada : an examination of the judicial compensation experience in selected Canadian jurisdictions 1990-2010 ABSTRACT | FULL TEXT

Cochran , Patricia (Ph.D.) “Common sense” and legal judgment : community knowledge, political power and rhetorical practice ABSTRACT | FULL TEXT

Djordjevic , Aleksandra (LL.M.) Has the international human rights paradigm failed lesbian, gay, bisexual and transgender people? If so, what can be done to fix it? ABSTRACT | FULL TEXT

Dyck , Jennifer (LL.M.) Stories from the front : realities of the over-incarceration of Aboriginal women in Canada ABSTRACT | FULL TEXT

Freckelton , Alan (LL.M.) The concept of deference in substantive review of administrative decisions in four common law countries ABSTRACT | FULL TEXT

Hilland , Andrea (LL.M.) Extinguishment by extirpation : the Nuxalk eulachon crisis ABSTRACT | FULL TEXT

Ilumoka , Adetoun Olabisi (Ph.D.) Legal imperialism and the democratisation of law: towards an African feminist jurisprudence on the development of land law and rights in Nigeria 1861-2011 ABSTRACT | FULL TEXT

Kaushal , Asha Pearl (Ph.D.) The jurisdiction of difference : groups and law ABSTRACT | FULL TEXT

Mackenzie , Ian Alan (LL.M.) Catching the fox : restricting the right to pre-trial silence in Canada ABSTRACT | FULL TEXT

Marsden , Sarah Grayce (Ph.D.) Law’s permissions, law’s exclusions : precarious migration status in Canada ABSTRACT | FULL TEXT

Parker , Sarah R. H. (LL.M.) Discretionary administrative decisions and the Charter of Rights : Doré and determining the “proportionate” balance ABSTRACT | FULL TEXT

Ponomarenko , Iryna (LL.M.) Proper proportions of law : justifying democratic credentials of proportionality analysis in constitutional adjudication ABSTRACT | FULL TEXT

Pudovskis , Matthew Stephen (LL.M.) Traditional ecological knowledge and environmental governance in Canada : the role of law and comprehensive agreements in facilitating incorporation ABSTRACT | FULL TEXT

Reayat , Irfan (LL.M.) Reconciling rhetoric and reality : putting “development” at the centre of the game ABSTRACT | FULL TEXT

Svanberg , Annika (LL.M.) “A unique approach to the liability of P2P intermediaries” : a comparative study of copyright liability of providers of peer-to-peer file sharing services in Canada and Sweden ABSTRACT | FULL TEXT

Wriley , Jennifer Lee (LL.M.) The evolution of credit bidding : its recent journey and logical next step ABSTRACT | FULL TEXT

Archer , Jennifer Lynne (LL.M.) Transcending sovereignty : locating Indigenous peoples in transboundary water law ABSTRACT | FULL TEXT

Au , Matthew Kingcheong (Ph.D.) Chinese socialism : an iterative perspective of the legal framework of market economies of the People’s Republic of China ABSTRACT | FULL TEXT

Dempsey , Alison Louise (Ph.D.) Principles, process, responsibility : exploring ethics as a meta-regulatory framework for evolving governance discourse ABSTRACT | FULL TEXT

Diab , Robert (Ph.D.), Imagined fears : from mass terror to authoritarian legality, and the future of liberal reform ABSTRACT | FULL TEXT

Donegá , Raul Pinheiro (LL.M.) Patterns of international financial regulation : a case study of sovereign wealth funds ABSTRACT | FULL TEXT

Ferguson , John A. (Ph.D.) International human trafficking in Canada : why so few prosecutions? ABSTRACT | FULL TEXT

Fixter , Brian L. (LL.M.) An ounce of prevention : the legal and business case for the implementation of workplace wellness programs ABSTRACT | FULL TEXT

Godwin- A Hart , Sotonye (LL.M.) Achieving synergy between international trade and human rights : a proposal for mainstreaming human rights in the WTO ABSTRACT | FULL TEXT

Howey , Kirsty (LL.M.) ‘Normalising’ what? Aboriginal land tenure reform in the Northern Territory of Australia ABSTRACT | FULL TEXT

Kaiser-Derrick , Elspeth (LL.M.) Listening to what the criminal justice system hears and the stories it tells : judicial sentencing discourses about the victimization and criminalization of Aboriginal women ABSTRACT | FULL TEXT

Kleefstra , Zelius (LL.M.) Correlation between break fee and asset purchase option regulation in Canada and its empirical effects ABSTRACT | FULL TEXT

Labman , Shauna Erin (Ph.D.) At law’s border : unsettling refugee resettlement ABSTRACT | FULL TEXT

Maharaj , Krishneel (LL.M.) The availability of gain-based damages for breach of contract ABSTRACT | FULL TEXT

McDonald , Morgan (LL.M.) The US federal courts’ deliberate approach : shaping their role in climate reform through procedural tools ABSTRACT | FULL TEXT

Nwapi , Chilenye (Ph.D.) Litigating extraterritorial corporate crimes in Canadian courts ABSTRACT | FULL TEXT

Parmar , Pooja (Ph.D.) Claims, histories, meanings : indigeneity and legal pluralism in India ABSTRACT | FULL TEXT

Pilliar , Andrew (LL.M.) Exploring a law firm business model to improve access to justice and decrease lawyer dissatisfaction ABSTRACT | FULL TEXT

Russo , Robert Marc (Ph.D.) Solidarity forever, Canadians never : SAWP workers in Canada ABSTRACT | FULL TEXT

Walter , Kerstin (LL.M.) Mind the gap : exposing the protection gaps in international law for environmentally displaced citizens of small island states ABSTRACT | FULL TEXT

Woolias , David (LL.M.) “To the advantage of all concerned” : practical and principle-based arguments for a revised remedy regime for unfair dismissal in Australia ABSTRACT | FULL TEXT

Allen , William Graham (LL.M.) Can we end the death penalty? The role of NGOs in the world-wide campaign ABSTRACT | FULL TEXT

de Freitas , Bruno Osmar Vergini (LL.M.) Restorative justice, intersectionality theory and domestic violence : epistemic problems in indigenous settings ABSTRACT | FULL TEXT

Eze , Nicholas Chinedu (LL.M.) Rethinking maritime delimitation and promoting joint development of petroleum: the Nigeria-Sao-Tome and Principe joint development model ABSTRACT | FULL TEXT

Kangave , Jalia (Ph.D.) Reconstituting the role of law in development-induced displacement and resettlement : lessons from Uganda’s Bujagali hydroelectric project ABSTRACT | FULL TEXT

Love , Helene (LL.M.) Age and ageism in the sentencing of older adults ABSTRACT | FULL TEXT

Trerise , Vicki Margaret (LL.M.) Aboriginal children and the dishonour of the Crown : human rights, ‘best interests’ and customary adoption ABSTRACT | FULL TEXT

David , Lisa (LL.M.) Wrongful Convictions : A Review and Assessment of Miscarriage of Justice in Canada ABSTRACT | FULL TEXT

Doelker , Andreas (LL.M.) Self-Regulation and Co-Regulation : Prospects and Boundaries in an Online Environment ABSTRACT | FULL TEXT

Eggen , Mirjam (LL.M.) Transparency Rules for Derivatives, Mutual Funds and Bonds : A Comparative Analysis of Canadian, Swiss and German Laws ABSTRACT | FULL TEXT

Fagbongbe , Mosope Doris (Ph.D.) Reconstructing Women’s Rights in Africa Using the African Regional Human Rights Regime : Problems and Possibilities ABSTRACT | FULL TEXT

Garbett , Tom (LL.M.) “Speak the speech, I pray you” : theatre, law and rights – a study ABSTRACT | FULL TEXT

Iyioha , Irehobhude Otibhor (LL.M.) Health governance, medical pluralism and the politics of integration : a legal theory for increasing access to healthcare ABSTRACT | FULL TEXT

Ji , Jianfeng (LL.M.) Protecting Minority Shareholders in Private Corporations : A Comparative Study From Canadian and Chinese Perspectives ABSTRACT | FULL TEXT

Kirchen Abegg , Ladina (LL.M.) Sex, Policies and Payroll ABSTRACT | FULL TEXT

Liao , Carol (LL.M.) Rethinking U.S. Corporate Governance Reform in the Wake of the Global Financial Crisis ABSTRACT | FULL TEXT

Mohan , Arun (LL.M.) Balancing the Other ‘Scale’ of Justice : Nurturing Work-Life Balance in the Legal Profession ABSTRACT | FULL TEXT

Mohs , Anne (LL.M.) Choice v. Equality : The Legal Recognition of Unmarried Cohabitation in Canada ABSTRACT | FULL TEXT

Niu , Jinhui (LL.M.) Recent Developments in Business Method Patents in the U.S. and the Implication to the People’s Republic of China : A Comparative Perspective ABSTRACT | FULL TEXT

Odumosu , Ibironke Tinuola (Ph.D.) ICSID, Third World Peoples and the Re-Construction of the Investment Dispute Settlement System ABSTRACT | FULL TEXT

Owen , Simon Matthew (LL.M.) The Ground Beneath our Speech : Moral Ordering in Plea-Based Criminal Justice ABSTRACT | FULL TEXT

Sevenoaks , Helen Mary Emma (LL.M.) The Remedy of Substantive Consolidation Under the Companies’ Creditors Arrangement Act : A Closer Examination of Domestic and Cross-Border Issues ABSTRACT | FULL TEXT

Sidsworth , Robin (LL.M.) Aboriginal Participation in the Vancouver/Whistler 2010 Olympic Games : Consultation, Reconciliation and the New Relationship ABSTRACT | FULL TEXT

Wang , Chao (Ph.D.) Redefining and Regulating Public Contracting in China : Comparative and International Perspectives ABSTRACT | FULL TEXT

Adams , Erik (LL.M.) A Critical Look at Determinate Theories of Causation in Law ABSTRACT | FULL TEXT

Bateman , Craig Garfield (LL.M.) Nicaea and Sovereignty : Constantine’s Council of Nicaea as an Important Crossroad in the Development of European State Sovereignty ABSTRACT | FULL TEXT

Guan , Wenwei (Ph.D.) Selective Adaptation and Legitimacy : Public-Private Dynamics in China’s TRIPS Compliance ABSTRACT | FULL TEXT

Milward , David leo (Ph.D.) Raven Grows New Feathers : Realizing Contemporary Indigenous Visions of Justice in Canada Through the Culturally Sensitive Interpretations of Legal Rights ABSTRACT | FULL TEXT

Schofield , Clive Howard (LL.M.) The Trouble with Islands ABSTRACT | FULL TEXT

Telesetsky , Anastasia M. (LL.M.) Insuring Against Future Climate Change : The Use of Mandatory Catastrophe Risk Insurance and Microinsurance to Promote Mitigation and Adaptation ABSTRACT | FULL TEXT

Alton , Louise Elizabeth (LL.M.) Creating Choices in the UK : Re-Imagining the Female Criminal Justice System ABSTRACT | FULL TEXT

Druzin , Bryan Howard (LL.M.) Norm Evolution Without the State : An Examination of the Unique Nature of Commercial Law ABSTRACT | FULL TEXT

Grewal , Rajbir Singh (LL.M.) Towards Integrity in Tax Law : The Problem of Form and Substance in Canadian Tax Jurisprudence ABSTRACT | FULL TEXT

Haggerty , Bernard P.(Ph.D.) Hate Crime Law & Social Contention : A Comparison of Nongovernmental Knowledge Practices in Canada & the United States ABSTRACT | FULL TEXT

Hauschildt , Jordan William Derek (LL.M.) Redefining Disrepute : Acknowledging Social Injustice and Judicial Subjectivity in the Critical Reform of Section 24(2) of the Charter ABSTRACT | FULL TEXT

Hodge , Fraser Douglas (LL.M.) Legal, Economic, and Industrial Relations Considerations in Workforce Integrations Following Corporate Mergers ABSTRACT | FULL TEXT

Ilg , Michael Peter (Ph.D.) The Diversity and Evolution of Competition : An Ideal Proposed for Regulatory Design ABSTRACT | FULL TEXT

Kolb , Andreas Stephan (LL.M.) The Responsibility to Protect : Legal Rights and Obligations to Save Humans from Mass Murder and Ethnic Cleansing ABSTRACT | FULL TEXT

McIntyre, Donald D.  (LL.M.) Two Roads – No Exit : An In-Camera Discourse on Negotiations in North America Today ABSTRACT | FULL TEXT

Barrios , Paula (Ph.D.) Liberal Environmentalism and the International Law of Hazardous Chemicals ABSTRACT | FULL TEXT

Chow , Catherine W. (LL.M.) Chinatown geographies and the politics of race, space and the law ABSTRACT | FULL TEXT

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Horwitz , Nicole J. (LL.M.) Primary Caregiving and “Mothers with a Difference” : A Feminist Analysis of Developments in Custody Law ABSTRACT | FULL TEXT

Kremzner , Mark Thaddeus (LL.M.) Property Concepts and Institutions in China : Does Tradition Abide? ABSTRACT | FULL TEXT

Mikus , Rudolf Alexander (LL.M.) The Reasonable Person in Substantive Canadian Criminal Law ABSTRACT | FULL TEXT

Mueller , Holger (LL.M.) The Adoption of the UNCITRAL Model Law by the Federal Republic of Germany in the Light of British Columbia’s Experiences ABSTRACT | FULL TEXT

Okafor , Obiora Chinedu (LL.M.) The Concept of Legitimate Governance in the Contemporary Municipal and International Legal Systems : An Interdisciplinary Analysis ABSTRACT | FULL TEXT

Rajan , Cindy L. (LL.M.) International Trade and Taxation : The GATT and Domestic Tax Policy ABSTRACT | FULL TEXT

Reynolds , Larry A. (LL.M.) New Directions for Environmental Impairment Insurance in Canada ABSTRACT | FULL TEXT

Rose  Gregory John (LL.M.) Forfeiting Legal Fees with Proceeds of Crime : The Ability of Accused Persons to Pay ‘Reasonable Legal Fees’ out of Alleged Proceeds of Crime ABSTRACT | FULL TEXT

Tong , Dawna (LL.M.) Gatekeeping in Canadian Law Schools : A History of Exclusion, the Rule of “Merit”, and a Challenge to Contemporary Practices ABSTRACT | FULL TEXT

Willenbrock , Christel (LL.M.) Policy Analysis of Waste Management Legislation in Canada and Germany with a Focus on the Polluter Pays Principle ABSTRACT | FULL TEXT

Ziegelwanger , Vera (LL.M.) Plea Bargaining : A Comparative Study of Austrian and Canadian Law ABSTRACT | FULL TEXT

Amos , Jude Thaddeus (LL.M.) The Regulation of Direct Foreign Investment Under the Canada-United States Free Trade Agreement ABSTRACT | FULL TEXT

Barnes , Nana Kojo (LL.M.) The Legitimacy of the United Nations’ Use of Armed Force in Defence of the Fundamental Human Rights of Nationals ABSTRACT | FULL TEXT

Beveridge , Anne Elizabeth (LL.M.) The Body as Excuse; Biology, Sex and Crime : Intersection of Science, Gender and Law ABSTRACT | FULL TEXT

Bodie , J. Scott (LL.M.) The NAFTA’S Institutions and Dispute Resolution Mechanisms : A Case for Public Participation ABSTRACT | FULL TEXT

Fegan , Eileen Veronica (LL.M.) Abortion, Law and the Ideology of Motherhood : New Perspectives on Old Problems ABSTRACT | FULL TEXT

Glynos , Leonidas Jason (LL.M.) Psychoanalytic Theory in the Context of a Transformative Politics ABSTRACT | FULL TEXT

Henderson , Emma Marilyn (LL.M.) Ideology, Social Control, and the Private Facts Tort ABSTRACT | FULL TEXT

Hosking , David Leigh (LL.M.) Accessibility Rights for Disabled People ABSTRACT | FULL TEXT

Kelly , Katrina Robertson (LL.M.) Public and Private Information : The Access Dichotomy ABSTRACT | FULL TEXT

Kirk , Elizabeth Agnes (LL.M.) The Changing Shape of Sovereignty in International Environmental Law ABSTRACT | FULL TEXT

Li , Yuguo (LL.M.) China and GATT : A Comparative Study on the Issues of Mainland China, Hong Kong and Taiwan in International Organizations ABSTRACT | FULL TEXT

Middleton , Kirsty Giselle (LL.M.) A Reappraisal of Humanitarian Intervention ABSTRACT | FULL TEXT

Millbank , Jenni (LL.M.) What Do Lesbians Do? : Motherhood Ideology, Lesbian Mothers and Family Law ABSTRACT | FULL TEXT

Mosoff , Judith (LL.M.) Motherhood, Madness, and the Role of the State ABSTRACT | FULL TEXT

Sidebothom , Naomi Elizabeth (LL.M.) Jurisidictional Review : An Error of Jurisdiction or Jurisprudence? ABSTRACT | FULL TEXT

Terrett , Andrew J. (LL.M.) Neural Networks for Legal Quantum Prediction ABSTRACT | FULL TEXT

Yamauchi , Keith Dennis (LL.M.) The Reorganization of Insolvent Businesses : A Functional Comparison of the Canadian and American Models ABSTRACT | FULL TEXT

Zhang , Yulin (LL.M.) International Arbitral Jurisdiction ABSTRACT | FULL TEXT

Aucoin , Louise (LL.M.) Environmental Audits : A Multi-Stakeholder Perspective ABSTRACT | FULL TEXT

Beteta , Armando F. (LL.M.) International Trade and Legal Modernization : Effects of Mexico’s Membership on the North America Free Trade Agreement ABSTRACT | FULL TEXT

Braithwaite , Murray James (LL.M.) Prolegomena to a Postmodern Theory of Law ABSTRACT | FULL TEXT

Cai , Tong (LL.M.) Control of Land-Based Marine Pollution in Southeast Asia : A Legal Perspective ABSTRACT | FULL TEXT

Colvin , Craig Grierson (LL.M.) Prometheus Unbound : Towards the More Precise Proscription of the Socially Undesirable Market Conduct Associated with Dominance ABSTRACT | FULL TEXT

Edwards , Richard Charles Edwards (LL.M.) The Legal Fact as a Work of Art : Artificial Intelligence and the Pragmatics of Legal Interpretation ABSTRACT | FULL TEXT

Findlay , Caroline K.H. (LL.M.) Pollution Control, Administrative Discretion, and Science : A Journey Through the Maze of Environmental Law ABSTRACT | FULL TEXT

Horner , Jessie Joyce (LL.M.) Sexual Assault : Public Debate and Criminal Law Reform ABSTRACT | FULL TEXT

Nowlin , Christopher Jon (LL.M.) Sexist Implications of Law’s Fidelity to Science and Reason ABSTRACT | FULL TEXT

Oyama , Kuniko (LL.M.) Legal Controls on Corporate Management in Japan : Comparison with Common Law Jurisdictions ABSTRACT | FULL TEXT

Qi , Xiaodong (LL.M.) A Comparative Study of the Ownership Control vs. Management Right Issue Between the Chinese Enterprise Laws and Canadian Corporate Laws< ABSTRACT | FULL TEXT

Reindel , Florian (LL.M.) Inter-American Human Rights Protection : How Methods and Rules of Interpretation are Being Framed ABSTRACT | FULL TEXT

Smallwood , Kate Penelope (LL.M.) Coming out of Hibernation : The Canadian Public Trust Doctrine ABSTRACT | FULL TEXT

Xin , Kelei (LL.M.) The Role of Law and Policy in the Offshore Petroleum Development of China ABSTRACT | FULL TEXT

Yan , Yibing (LL.M.) A Non-Market Economy’s Admission to the General Agreement on Tariffs and Trade – China’s Unique Situation ABSTRACT | FULL TEXT

Yin , Li (LL.M.) A Comparative Study of the Contract Remedy Systems Between Anglo-American and Chinese Law ABSTRACT | FULL TEXT

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Leane , Geoffrey W.G. (LL.M.) “Environmental Law” or “Development Law” : Deconstructing Liberal Guilt ABSTRACT | FULL TEXT

Michie , Jane Heddle (LL.M.) Tax Avoidance : The Canadian Experience ABSTRACT | FULL TEXT

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Walker , Patrick (LL.M.) Crown-Aboriginal Fiduciary Relationships : False Optimism or Realistic Expectations? ABSTRACT | FULL TEXT

Al Sheddi , Abdullah (LL.M.) The legal regime of international straits : a case study of the legal and political implications for the Strait of Hormuz ABSTRACT | FULL TEXT

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Kimber , Cliona Janet Marie (LL.M.) Self-Determination for Women ABSTRACT | FULL TEXT

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Sheddi , Abdullah Al (LL.M.) The Legal Regime of International Straits : A Case Study of the Legal and Political Implications for the Strait of Hormuz ABSTRACT | FULL TEXT

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Wright , David Malcolm (LL.M.) Fiduciaries in a Commercial Context ABSTRACT | FULL TEXT

Zafar , Yasmeen (LL.M.) Feminism, Psychoanalysis and Postmodernism : Bridgin the Discourses ABSTRACT | FULL TEXT

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Aqorau , Transform (LL.M.) Tuna Management and UNCLOS : Implementation of UNCLOS throught the Forum Fisheries Agency ABSTRACT | FULL TEXT

Carver , Peter John (LL.M.) Millar v. Taylor (1769) and the New Property of the Eighteenth Century ABSTRACT | FULL TEXT

German , Peter Maurice (LL.M.) Confiscating the Proceeds of Crime : The Amendments of Canada’s Criminal Code, their Force and Effect ABSTRACT | FULL TEXT

Kowalski , Andrzej (LL.M.) Beyond rule-based legal expert systems : using frames and case-based reasoning to analyze the tort of malicious prosecution ABSTRACT | FULL TEXT

Paton , Elizabeth Katrine (LL.M.) Privacy Law and the Media ABSTRACT | FULL TEXT

Pawluk , Lorna A. (LL.M.) Variable Compensation in British Columbia ABSTRACT | FULL TEXT

Sigrist , Pierre (LL.M.) Standby Letters of Credit and Fraud ABSTRACT | FULL TEXT

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Candelaria , Sedfrey Martinez (LL.M.) State Responsibility and International Financial Obligations : A Case Study of the International Monetary Fund Stand-By Arrangements with Developing Country Members ABSTRACT | FULL TEXT

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Moorman , David Guy (LL.M.) Vertical Restraints in the Distribution Process Under New Zealand Competition Law ABSTRACT | FULL TEXT

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Osborne , Judith Anne (LL.M.) The Legal Status of Lottery Schemes in Canada : Changing the Rules of the Game ABSTRACT | FULL TEXT

Simpson , Gerry J. (LL.M.) The Right of Secession in International Law : A New Theory of Legitimacy ABSTRACT | FULL TEXT

Amighetti , Leopold (LL.M.) Testamentary Freedom Against Provisions for Families; The Evolution of Dependents’ Relief Legislation, with Particular Emphasis on the Province of British Columbia, as a Flexible Restraint on Testamentary Freedom ABSTRACT | FULL TEXT

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Hughes , Elaine Lois (LL.M.) The Development of Ocean Incineration Law in Canada ABSTRACT | FULL TEXT

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Deedman , G.C. (LL.M.) Building Rule-Based Expert Systems in Case-Based Law ABSTRACT | FULL TEXT

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Hutchings , Patricia Margaret (LL.M.) The Argument for the Application of the Royal Proclamation of 1763 to British Columbia : Its Force and Effect ABSTRACT | FULL TEXT

Kaufmann , Manfred Max (LL.M.) Unjust Enrichment and the Recovery of Money Mistakenly Paid ABSTRACT | FULL TEXT

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Nakayama , Kiyoshi (LL.M.) Transfer Pricing Taxation – Canadian Perspective and Japanese Perspective ABSTRACT | FULL TEXT

Reuter , Michael F.M. (LL.M.) Some Implications of the Canadian Tax Law on Foreign Investments in Canada – A German Perspective ABSTRACT | FULL TEXT

Rowntree , Lenore Ruth (LL.M.) Innovations in the Law of Lending : A Study of the Participation Mortgage and a Proposal for Reform of the Law of Commercial Mortgages ABSTRACT | FULL TEXT

Urapeepatanapong , Kitipong (LL.M.) Legal Aspects of Countertrade under the General Agreement on Tariffs and Trade and the National Laws of Canada and Thailand ABSTRACT | FULL TEXT

Ishikawa , Shoichiro (LL.M.) Electronic Surveillance and the Police : A Comparative Study of the Canadian and Japanese Systems ABSTRACT | FULL TEXT

Orr , Stewart Douglas (LL.M.) An Analysis of Heritage Property Legislation : Balancing the Public Interest with Protection for the Property Owner ABSTRACT | FULL TEXT

Sharma , Kavita A. (LL.M.) Ownership and Control of Foreign Direct Investment : India and Canada ABSTRACT | FULL TEXT

Dent , Douglas Edward (LL.M.) The Small Business deduction and a Canadian Tax on Unreasonable Accumulations ABSTRACT | FULL TEXT

Johnson , Patricia Anne (LL.M.) The Taxation of Trust Income : Some Inherent Problems and Comparative Perspectives ABSTRACT | FULL TEXT

Jones-Desjarlais , Jennifer Lynn (LL.M.) The Scales of Justice or the Native Claim to the Management of Reserve Fisheries ABSTRACT | FULL TEXT

Rozefort , Wallace (LL.M.) Criminal Prosecution, the Defence of Religious Freedom and the Canadian Charter ABSTRACT | FULL TEXT

Smeltzer , Gerald Gilbert (LL.M.) Legal Rights to Information and Skilled Employees in the Computer Industry ABSTRACT | FULL TEXT

Ward , Ian Robert (LL.M.) Misleading Government Information : An Analysis of the Legal Remedies Available to the Affected Citizens ABSTRACT | FULL TEXT

Barton , Barry John (LL.M.) Surface Rights Under the Mineral Act of British Columbia ABSTRACT | FULL TEXT

Sarpong , George Agyemang (LL.M.) The Impact of the Law of the Sea Convention on Vessel-Source Pollution Enforcement in the Exclusive Economic Zone ABSTRACT | FULL TEXT

Sutherland , Elaine Elizabeth (LL.M.) The Development of the Implied Terms on Quality and Fitness in Sale of Goods in Britain and Canada ABSTRACT | FULL TEXT

Umaru , Juliet Lami (LL.M.) Choice of Law in International Commercial Arbitration ABSTRACT | FULL TEXT

Zafer , Muhammad Masoud Uz (LL.M.) Strikes in Essential Services in British Columbia ABSTRACT | FULL TEXT

Dennis , Sally (LL.M.) Gifts to Unincorporated Associations ABSTRACT | FULL TEXT

Hand , Mary (LL.M.) Divisible Assets in Common Law Canada ABSTRACT | FULL TEXT

Imai , Hiroshi (LL.M.) The Role of Case Law in Japan : A Comparative Study of Japanese and Canadian Company Law ABSTRACT | FULL TEXT

Jessiman , John Lewis Jon (LL.M.) A Second Look at the Mareva Injuction ABSTRACT | FULL TEXT

Joseph , Philip Austin (LL.M.) The Policies Underlying Interest Dispute Settlement in British Columbia and New Zealand ABSTRACT | FULL TEXT

Toriumi , Tetsuro (LL.M.) Directors’ Duty of Care, Diligence and Skill : A Comparative Study of Japanese and Canadian Law ABSTRACT | FULL TEXT

Tremblay , Luc (LL.M.) From Substantive Due Process to Substantive Principles of Fundamental Justice ABSTRACT | FULL TEXT

Brockman , Joan (LL.M.) Subjecting the Corporation to Criminal Sanctions : A Review of the Issues ABSTRACT | FULL TEXT

Reid , Nichola Jane Williams (LL.M.) Conflicts in Divorce Jurisdiction and Recognition ABSTRACT | FULL TEXT

Choong , Thung-Cheong (LL.M.) The Protection of Absentee Owners of Public Corporations in Canada – a Realistic Analysis of the Problems and Some Thoughts on Solutions ABSTRACT | FULL TEXT

Rowland-Rouse , Jacqueline (LL.M.) The Strategic Use of Intellectual and Industrial Property Laws to Maintain and Extend a Dominant Position in the Pharmaceutical Industry ABSTRACT | FULL TEXT

Salvatori , Peter E. (LL.M.) Capital Gains and Surplus Stripping ABSTRACT | FULL TEXT

Bankes , Nigel David (LL.M.) The International Law of Shared Natural Resources : A Case Study of an International Wildlife Range Between Alaska and the Yukon ABSTRACT | FULL TEXT

Kimuli , Moses Aldrin (LL.M.) Legal Aspects of Public or Crown Corporations in Canada ABSTRACT | FULL TEXT

Kroft , Edwin Grant (LL.M.) The “Going Private” Transaction : A Genre of Minority Shareholder Squeezeout ABSTRACT | FULL TEXT

Zaharko , Janice (LL.M.) Procedures for Transferring to British Columbia the Federal Government’s Interest in Offshore Oil and Gas ABSTRACT | FULL TEXT

Exner , Heidi Maria (LL.M.) Trade Practices Legislation : The British Columbia Experience ABSTRACT | FULL TEXT

MacLean , Murdo (LL.M.) A Study of the Legal Aspects of Abortive Contract Negotiations ABSTRACT | FULL TEXT

McPhillips , David C. (LL.M.) Employer Free Speech During Organization Drives and Decertification Campaigns ABSTRACT | FULL TEXT

Strickland , Steven Andrew (LL.M.) Increasing the Emphasis on the Child in the Resolution of Custody Disputes ABSTRACT | FULL TEXT

Twinomukunzi , Charles Mureisya (LL.M.) The Social Responsibility of Corporations in East Africa ABSTRACT | FULL TEXT

Jordan , Donald James (LL.M.) Unit Determination under the Labour Code ABSTRACT | FULL TEXT

Parup , Mats Stefan (LL.M.) Procedural Safeguards in the Administrative Process ABSTRACT | FULL TEXT

Boettcher , Jens (LL.M.) The International Joint Commission – with Special Emphasis on the Great Lakes Water Quality Agreement. A View from the Canadian Side ABSTRACT | FULL TEXT

Marshall , Joan Snape (LL.M.) The Reception of English Law as a Modern Legal Problem ABSTRACT | FULL TEXT

Simcock , David Keith (LL.M.) Shareholder’s Personal Actions – A Comparative Study ABSTRACT | FULL TEXT

Ashton , Ronald Shaw (LL.M.) The Insurance of Environmental Risks ABSTRACT | FULL TEXT

Mackenzie , James M.(LL.M.) Environmental Management of Coastal Forests in British Columbia : An Ecolegal Analysis ABSTRACT | FULL TEXT

Wolfson , Lorne Howard (LL.M.) Juvenile Delinquents, Young Offenders and Young Persons in Conflict with the Law : A Study of Juvenile Delinquency Law Reform in Canada ABSTRACT | FULL TEXT

Young , Charles A. (LL.M.) Liability for Marine Pollution ABSTRACT | FULL TEXT

Curwood , James Arthur (LL.M.) The Law of Annual General Meetings Examined from a Perspective of Certain Economic Theories ABSTRACT | FULL TEXT

Crommelin , Michael (Ph.D.) Studies in Government Management of Oil and Gas Resources in Canada ABSTRACT | FULL TEXT

McCallum , Sandra Kathleen (LL.M.) Environmental Impact Assessment : A Comparative Study of the Effect of Federal Institutional Arrangements Upon Environmental Impact Assessment Procedures in Canada and the United States ABSTRACT | FULL TEXT

Waldron , Mary Anne (LL.M.) The Process of Law Reform : Focus on the New B.C. Companies Act ABSTRACT | FULL TEXT

Attewell , Nicholas Charles (LL.M.) The Capital Gains Taxation of Corporations and Shareholders in the United Kingdom and Canada ABSTRACT | FULL TEXT

Weibel , Rolando (LL.M.) The Quest for a New Management Structure in European Company Law ABSTRACT | FULL TEXT

Bonzanigo , Rocco (LL.M.) Canadian Taxation of Business and Investment Income of Non-Residents ABSTRACT | FULL TEXT

Crommelin , Michael (LL.M.) Allocation of Rights Over Offshore Oil and Gas Resources ABSTRACT | FULL TEXT

Switzer , James G. (LL.M.) The Legal Standing of Canadian Environmental Control Organizations ABSTRACT | FULL TEXT

Tremblay , Guy (LL.M.) Canadian Citizenship Laws : Two Facets ABSTRACT | FULL TEXT

Wade , John Harington (LL.M.) Morals and the Enforcement of Values : An Analysis of the Hart-Devlin Debate ABSTRACT | FULL TEXT

Bennett , James Harry (LL.M.) Some Aspects of the Legal Control of Take-Over Bids : A Comparative Study of English and British Columbia Law ABSTRACT | FULL TEXT

Bhavnani , Narain G. (LL.M.) Sexual Offences in Canada ABSTRACT | FULL TEXT

Chen , Charng-Ven (LL.M.) The Problems of Micro-States in International Law ABSTRACT | FULL TEXT

Foster , William F. (LL.M.) Fact Finding and the World Court ABSTRACT | FULL TEXT

Knight , William Harwood (LL.M.) A General Perspective of Canadian Constitutional Interpretation as Illustrated by the Criminal Law Power ABSTRACT | FULL TEXT

Lucas , Alastair Richard (LL.M.) Pollution Control Law in British Columbia : The Administrative Approach ABSTRACT | FULL TEXT

Dogra , H.K.(LL.M.) The Jurisprudence of the International Court of Justice : Customary International Law; State Sovereignty; and the Domestic Jurisdiction ABSTRACT | FULL TEXT

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Abaya-Habibullah , Ritchelle Aubrey (LL.M. 2023) Trapped by a record : how information sharing between schools and police agencies perpetuate the school to prison pipeline ABSTRACT | FULL TEXT

Abt , Marianne Freiermuth (LL.M. 2004) The Management of Diversity : Flexible Integration in Environmental Law Through Enhanced Cooperation in the EU and Harmonization in Canada ABSTRACT | FULL TEXT

Abogado , Andrés (LL.M. 2014) Mexican refugee claimants : cheating the system? ABSTRACT | FULL TEXT

Adams , Erik (LL.M. 2009) A Critical Look at Determinate Theories of Causation in Law ABSTRACT | FULL TEXT

Adamski , Olivia-Nathale (LL.M. 2015) Convertible preferred stock : testing the legal framework of the U.S. venture capital model in China ABSTRACT | FULL TEXT

Adeleke , Adewale Wale (LL.M. 1997) The Need for Equitable Representation on and Increase in the Membership of the United Nations Security Council ABSTRACT | FULL TEXT

Aginam,  V. Obijiofor (Ph.D. 2002) Salvaging the Global Neighborhood : Multilateralism and Public Health Challenges in a Divided World ABSTRACT | FULL TEXT

Aikenhead , Moira (LL.M. 2014) Revisions to Canada’s sentencing regime as a remedy to the over-incarceration of persons with mental disabilities ABSTRACT | FULL TEXT

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Allen , Bradley (LL.M. 1996) Corporate Theory : Jurisprudence’s Heart of Darkness ABSTRACT | FULL TEXT

Allen , William Graham (LL.M. 2011) Can we end the death penalty? The role of NGOs in the world-wide campaign ABSTRACT | FULL TEXT

Alpeza , Tomislav (LL.M. 1998) Debating Liberalism and Political Economy in the Changing Global Order ABSTRACT | FULL TEXT

Alton , Louise Elizabeth (LL.M. 2008) Creating Choices in the UK : Re-Imagining the Female Criminal Justice System ABSTRACT | FULL TEXT

Amba-Cuenca , Maria Dulce Cecilia B. (LL.M. 1998) Social Clause in Trade Liberalization : An Agenda for the Philippines in APEC ABSTRACT | FULL TEXT

Amighetti , Leopold (LL.M. 1988) Testamentary Freedom Against Provisions for Families; The Evolution of Dependents’ Relief Legislation, with Particular Emphasis on the Province of British Columbia, as a Flexible Restraint on Testamentary Freedom ABSTRACT | FULL TEXT

Amigo , Natalia Guajardo (LL.M. 2004) Arbitration to Resolve International Commercial Disputes under the Brazilian Arbitration Act : Is Brazil a Good Site for Arbitration? ABSTRACT | FULL TEXT

Amos , Jude Thaddeus (LL.M. 1994) The Regulation of Direct Foreign Investment Under the Canada-United States Free Trade Agreement ABSTRACT | FULL TEXT

Anderson , Harold Andreas (LL.M. 1988) Economic Analysis of Risk to Goods in Transit ABSTRACT | FULL TEXT

Anika , Ijeamaka Elizabeth (LL.M. 2019) New technology for old crimes? the role of cryptocurrencies in circumventing the global anti-money laundering regime and facilitating transnational crime ABSTRACT | FULL TEXT

Anyadiegwu , Okay Hyacinth (LL.M. 1991) Minority Shareholder’s Remedies in Corporate Law ABSTRACT | FULL TEXT

Aqorau , Transform (LL.M. 1990) Tuna Management and UNCLOS : Implementation of UNCLOS throught the Forum Fisheries Agency ABSTRACT | FULL TEXT

Archer , Jennifer Lynne (LL.M. 2012)

Transcending sovereignty : locating Indigenous peoples in transboundary water law ABSTRACT | FULL TEXT

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Attewell , Nicholas Charles (LL.M. 1973) The Capital Gains Taxation of Corporations and Shareholders in the United Kingdom and Canada ABSTRACT | FULL TEXT

Au , Matthew Kingcheong (Ph.D. 2012) Chinese socialism : an iterative perspective of the legal framework of market economies of the People’s Republic of China ABSTRACT | FULL TEXT

Aucoin , Louise (LL.M. 1993) Environmental Audits : A Multi-Stakeholder Perspective ABSTRACT | FULL TEXT

Aylwin , Jose Antonio (LL.M. 1999) Indigenous Peoples’ Rights in Chile and Canada : A Comparative Study ABSTRACT | FULL TEXT

Baas , Susan Catherine (LL.M. 2001) Protecting New Zealand Construction Subcontractors ABSTRACT | FULL TEXT

Baker , Roy (LL.M. 2000) Child Pornography in the Woodshed ABSTRACT | FULL TEXT

Baldassi , Cindy (LL.M. 2006) Babies or Blastocysts, Parents or Progenitors? Embryo Donation and the Concept of Adoption ABSTRACT | FULL TEXT

Bankes , Nigel David (LL.M. 1980) The International Law of Shared Natural Resources : A Case Study of an International Wildlife Range Between Alaska and the Yukon ABSTRACT | FULL TEXT

Banks , Nancy Kathleen (LL.M. 1992) All I’m Asking for is a Little Respect : Equality Rights and Same-Sex Spousal Benefits ABSTRACT | FULL TEXT

Barbour , Alan Norman (LL.M. 1996) Judicial Respect for International Commercial Arbitraiton agreements in Canadian Courts Under the New York Convention and UNCITRAL Model Law ABSTRACT | FULL TEXT

Barnes , Nana Kojo (LL.M. 1994) The Legitimacy of the United Nations’ Use of Armed Force in Defence of the Fundamental Human Rights of Nationals ABSTRACT | FULL TEXT

Barnsley , Paula Elizabeth (LL.M. 1998) Understanding Economic Inequality for Women in Canada’s Retirement Income System : Reform, Restructuring and Beyond ABSTRACT | FULL TEXT

Barr , Olivia McLeod (LL.M. 2004) The Inherent Right of Aboriginial Self-Government in Australia ABSTRACT | FULL TEXT

Barrios , Paula (LL.M. 2003) The Rotterdam Convention on Hazardous Chemicals and Pesticides : A Meaningful Step Towards Environmental Protection? ABSTRACT | FULL TEXT

Barrios , Paula (Ph.D. 2007) Liberal Environmentalism and the International Law of Hazardous Chemicals ABSTRACT | FULL TEXT

Barta , Winston Victor (LL.M. 2018) An analysis of the proposed regulatory reforms for derivatives trading in Canada ABSTRACT | FULL TEXT

Barton , Barry John (LL.M. 1984) Surface Rights Under the Mineral Act of British Columbia ABSTRACT | FULL TEXT

Bassett,  Andrea (L.L.M 2016) A more nuanced approach to environmental hazards? : a critical review of the existence, priorities and scope of the Minamata Convention on Mercury ABSTRACT | FULL TEXT

Bateman , Craig Garfield (LL.M. 2009) Nicaea and Sovereignty : Constantine’s Council of Nicaea as an Important Crossroad in the Development of European State Sovereignty ABSTRACT | FULL TEXT

Bateman , C.G. (Ph.D. 2022) Bishops on the bench : why Constantine legislated Christian bishops into the role of judges ABSTRACT | FULL TEXT

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Exner , Heidi Maria (LL.M. 1979) Trade Practices Legislation : The British Columbia Experience ABSTRACT | FULL TEXT

Eze , Chinenye Helen (LL.M. 2022) Beyond finders keepers : bioprospecting, patents and human genetic materials ABSTRACT | FULL TEXT

Eze , Nicholas Chinedu (LL.M. 2011)

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Fagbongbe , Mosope Doris (Ph.D. 2010) Reconstructing Women’s Rights in Africa Using the African Regional Human Rights Regime : Problems and Possibilities ABSTRACT | FULL TEXT

Fairlie , John (LL.M. 2003) The Canadian Approach to Negligent Misrepresentation : A Critique of the Reliance Model of Liability ABSTRACT | FULL TEXT

Falconer , Louise Morag (LL.M. 2002) Colonies, Condoms and Corsets : Fertility Regulation in Australia and Canada ABSTRACT | FULL TEXT

Fegan , Eileen Veronica (LL.M. 1994) Abortion, Law and the Ideology of Motherhood : New Perspectives on Old Problems ABSTRACT | FULL TEXT

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Findlay , Caroline K.H. (LL.M. 1993) Pollution Control, Administrative Discretion, and Science : A Journey Through the Maze of Environmental Law ABSTRACT | FULL TEXT

Fixter , Brian L. (LL.M. 2012) An ounce of prevention : the legal and business case for the implementation of workplace wellness programs ABSTRACT | FULL TEXT

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Reuter , Michael F.M. (LL.M. 1987) Some Implications of the Canadian Tax Law on Foreign Investments in Canada – A German Perspective ABSTRACT | FULL TEXT

Reynolds , Larry A. (LL.M. 1995) New Directions for Environmental Impairment Insurance in Canada ABSTRACT | FULL TEXT

Riede , Lutz (LL.M. 2004) Building Open Cultures : The Commons in a Digitally Networked Environment ABSTRACT | FULL TEXT

Rigg , Jeremy (LL.M. 1998) Performance under Pressure : The Impact of Coercive Authority upon Consent to Treatment for Sex Offenders ABSTRACT | FULL TEXT

Riihijarvi,  , Marja Kristiina (LL.M. 1992) Penalizing Corporations for Environmental Offences : A Comparative Study of the Canadian Experience and the Finnish Law Proposal ABSTRACT | FULL TEXT

Robinson , Keith Liam Hamilton (LL.M. 1996) The ‘Dangerousness’ Provisions of the Criminal Justice Act 1991 – A Risk Discourse? ABSTRACT | FULL TEXT

Rochette , Annie (LL.M. 1998) Rape of the World : An Ecofeminist Critique of International Environmental Law ABSTRACT | FULL TEXT

Rose , Gregory John (LL.M. 1995) Forfeiting Legal Fees with Proceeds of Crime : The Ability of Accused Persons to Pay ‘Reasonable Legal Fees’ out of Alleged Proceeds of Crime ABSTRACT | FULL TEXT

Rowland-Rouse , Jacqueline (LL.M. 1981) The Strategic Use of Intellectual and Industrial Property Laws to Maintain and Extend a Dominant Position in the Pharmaceutical Industry ABSTRACT | FULL TEXT

Rowntree , Lenore Ruth (LL.M. 1987) Innovations in the Law of Lending : A Study of the Participation Mortgage and a Proposal for Reform of the Law of Commercial Mortgages ABSTRACT | FULL TEXT

Rozefort , Wallace (LL.M. 1985) Criminal Prosecution, the Defence of Religious Freedom and the Canadian Charter ABSTRACT | FULL TEXT

Rush , Joan L. (LL.M. 2006) Stillborn Autonomy: Why the  Representation Agreement Act  of British Columbia Fails as Advance Directive Legislation ABSTRACT | FULL TEXT

Russ , Kelly Harvey (LL.M.2006) Modern Human Rights : The Aboriginal Challenge ABSTRACT | FULL TEXT

Russell , Shannon (LL.M. 2020) Exploring the role of penetration in sexual offences in Canada ABSTRACT | FULL TEXT

Russi , Raffaella (LL.M. 1997) Exclusive Distribution Agreements and Competition Law : an Analysis ABSTRACT | FULL TEXT

Russo , Robert Marc (LL.M. 2006) Labour Development : The Improbable Reconciliation of Globalization with the Rights of Workers ABSTRACT | FULL TEXT

Russo , Robert Marc (Ph.D. 2012)

Solidarity forever, Canadians never : SAWP workers in Canada ABSTRACT | FULL TEXT

Salvatori , Peter E. (LL.M. 1981) Capital Gains and Surplus Stripping ABSTRACT | FULL TEXT

San Roque , Mehera Rose (LL.M. 1999) Popular Trials/Criminal Fictions/Celebrity Feminism and the Bernardo/Homolka Case ABSTRACT | FULL TEXT

Sandgathe , Tracey Layne (LL.M. 2007) Environmental Impact Assessment and the Promise of Eco-Pragmatism : A Consideration of the Canadian Environmental Assessment Act ABSTRACT | FULL TEXT

Sankey , Jennifer M. (Ph.D. 2021) Using Indigenous legal processes to strengthen Indigenous jurisdiction : Squamish Nation land use planning and the Squamish Nation assessment of the Woodfibre liquefied natural gas projects ABSTRACT | FULL TEXT

Sarpong , George Agyemang (LL.M. 1984) The Impact of the Law of the Sea Convention on Vessel-Source Pollution Enforcement in the Exclusive Economic Zone ABSTRACT | FULL TEXT

Sawicki , Marta Catherine (LL.M. 2004) Application of the Right of Reproduction to the Internet: Should Browsing be Considered Copyright Infringement? ABSTRACT | FULL TEXT

Schofield , Clive Howard (LL.M. 2009) The Trouble with Islands ABSTRACT | FULL TEXT

Sevenoaks , Helen Mary Emma (LL.M. 2010) The Remedy of Substantive Consolidation Under the Companies’ Creditors Arrangement Act : A Closer Examination of Domestic and Cross-Border Issues ABSTRACT | FULL TEXT

Sharma , Kavita A. (LL.M. 1986) Ownership and Control of Foreign Direct Investment : India and Canada ABSTRACT | FULL TEXT

Sheddi , Abdullah Al (LL.M. 1991) The Legal Regime of International Straits : A Case Study of the Legal and Political Implications for the Strait of Hormuz ABSTRACT | FULL TEXT

Sidebothom , Naomi Elizabeth (LL.M. 1994) Jurisidictional Review : An Error of Jurisdiction or Jurisprudence? ABSTRACT | FULL TEXT

Sidsworth , Robin (LL.M. 2010) Aboriginal Participation in the Vancouver/Whistler 2010 Olympic Games : Consultation, Reconciliation and the New Relationship ABSTRACT | FULL TEXT

Sievers , Monika (LL.M. 1991) Liberalization of foreign direct investment : Europe 1992 and the U.S.-Canada Free Trade Agreement ABSTRACT | FULL TEXT

Sigrist , Pierre (LL.M. 1990) Standby Letters of Credit and Fraud ABSTRACT | FULL TEXT

Simcock , David Keith (LL.M. 1977) Shareholder’s Personal Actions – A Comparative Study ABSTRACT | FULL TEXT

Simm , Gabrielle Anne (LL.M. 2005) Exotic Others : Gender and Refugee Law in Canada, Australia and the United States ABSTRACT | FULL TEXT

Simpson , Gerry J. (LL.M. 1989) The Right of Secession in International Law : A New Theory of Legitimacy ABSTRACT | FULL TEXT

Smallwood , Kate Penelope (LL.M. 1993) Coming out of Hibernation : The Canadian Public Trust Doctrine ABSTRACT | FULL TEXT

Smeltzer , Gerald Gilbert (LL.M. 1985) Legal Rights to Information and Skilled Employees in the Computer Industry ABSTRACT | FULL TEXT

Smith , Donald Myles (LL.M. 1988) Title to Indian Reserves in British Columbia : A Critical Analysis of Order in Council 1036 ABSTRACT | FULL TEXT

Sokhansanj , Banafsheh (LL.M. 2005) Chinese Migrant Children and Canadian Migration Law ABSTRACT | FULL TEXT

Starkl-Moser , Miriam (LL.M. 2002) Internet and Human Rights ABSTRACT | FULL TEXT

Steenkamp , Tania (LL.M. 2014) South Africa’s new bilateral investments treaty policy : a reasonable response to a flawed regime? ABSTRACT | FULL TEXT

Stevenson , Mark L. (LL.M. 2004) The Métis Aboriginal Rights Revolution ABSTRACT | FULL TEXT

Stewart , Fenner L. (LL.M. 2004) An Effective Reparations Regime for the International Criminal Court ABSTRACT | FULL TEXT

Stewart , Vivienne Hume (LL.M. 1998) Foreign Investment in China’s Infrastructure : Finding the Balance Between Efficiency and Development or How to Attract Foreign Investment to Infrastructure Projects Without Selling the Country’s Soul to the Foreign Devils ABSTRACT | FULL TEXT

Stoeckel , Katherine Jane (LL.M. 2004) Economics and the Equitable Utilization of Transboundary Freshwater ABSTRACT | FULL TEXT

Strebel , Felix D. (LL.M. 1997) The Enforcement of Foreign Judgments and Foreign Public Law ABSTRACT | FULL TEXT

Strickland , Steven Andrew (LL.M. 1979) Increasing the Emphasis on the Child in the Resolution of Custody Disputes ABSTRACT | FULL TEXT

Stynes , Sean Cleary Stynes (LL.M. 2007) Legal Ethics and Illegal Migrants : The Bounds of Ethical Conduct for Lawyers Helping ‘Illegals’ Become ‘Legal’ ABSTRACT | FULL TEXT

Sundara Rajan , Mira T. (LL.M. 1999) Developing Countries and the International Copyright Regime : The Neglected Issue of Cultural Survival ABSTRACT | FULL TEXT

Sutherland , Elaine Elizabeth (LL.M. 1984) The Development of the Implied Terms on Quality and Fitness in Sale of Goods in Britain and Canada ABSTRACT | FULL TEXT

Svanberg , Annika (LL.M. 2013) “A unique approach to the liability of P2P intermediaries” : a comparative study of copyright liability of providers of peer-to-peer file sharing services in Canada and Sweden ABSTRACT | FULL TEXT

Sweeney , Desmond (LL.M. 1997) The Recognition and Scope of Indigenous Fishing, Hunting and Gathering Rights at Common Law in Australia ABSTRACT | FULL TEXT

Switzer , James G. (LL.M. 1972) The Legal Standing of Canadian Environmental Control Organizations ABSTRACT | FULL TEXT

Taylor , Michael Brendan (LL.M. 2006) Tax Policy and Tax Avoidance : The General Anti-Avoidance Rule from a Tax Policy Perspective ABSTRACT | FULL TEXT

Telesetsky , Anastasia M. (LL.M. 2009) Insuring Against Future Climate Change : The Use of Mandatory Catastrophe Risk Insurance and Microinsurance to Promote Mitigation and Adaptation ABSTRACT | FULL TEXT

Tepre , Paul (LL.M. 2017) Liability deficit problem of multinational corporate groups : a proposal for legislative and judicial reform ABSTRACT | FULL TEXT

Terrett , Andrew J. (LL.M. 1994) Neural Networks for Legal Quantum Prediction ABSTRACT | FULL TEXT

Theodorakis , Tom (LL.M. 1996) The New Canada-U.S. Tax Treaty and the Limitation on Benefits Provision : a Justifiable Compromise? ABSTRACT | FULL TEXT

Tong , Dawna (LL.M. 1995) Gatekeeping in Canadian Law Schools : A History of Exclusion, the Rule of “Merit”, and a Challenge to Contemporary Practices ABSTRACT | FULL TEXT

Toriumi , Tetsuro (LL.M. 1983) Directors’ Duty of Care, Diligence and Skill : A Comparative Study of Japanese and Canadian Law ABSTRACT | FULL TEXT

Tousaw , Kirk I. (LL.M. 2004) Criminalizing Pleasure : Cannabis Prohibition in Canada ABSTRACT | FULL TEXT

Tremblay , Guy (LL.M. 1972) Canadian Citizenship Laws : Two Facets ABSTRACT | FULL TEXT

Tremblay , Janie (LL.M. 1996) The General Anti-Avoidance Rule : Has it Changed the Face of Tax Avoidance? ABSTRACT | FULL TEXT

Tremblay , Luc (LL.M. 1983) From Substantive Due Process to Substantive Principles of Fundamental Justice ABSTRACT | FULL TEXT

Trerise , Vicki Margaret (LL.M. 2011) Aboriginal children and the dishonour of the Crown : human rights, ‘best interests’ and customary adoption ABSTRACT | FULL TEXT

Tsiakos , George (LL.M. 2006) Refugee Protection for People with Mental Disabilities under International Law ABSTRACT | FULL TEXT

Tshering , Norbu (LL.M. 2003) A Comparison of Minority Shareholders’ Remedies in British Columbia and Bhutan ABSTRACT | FULL TEXT

Tully , Erin McEachern (LL.M. 2004) Climate Change Plan for Canada : Tax Policy and the Reduction of Greenhouse Gas Emissions ABSTRACT | FULL TEXT

Tuomi , William Victor (LL.M. 2005) Appropriating the Tools of Research : Patent Law and Biotechnology ABSTRACT | FULL TEXT

Twinomukunzi , Charles Mureisya (LL.M. 1979) The Social Responsibility of Corporations in East Africa ABSTRACT | FULL TEXT

Ullrich  Dierk (LL.M. 2000) Opening the Club – A Liberal Approach to Private Participation in the World Trade Organization’s Dispute Settlement System ABSTRACT | FULL TEXT

Umaru , Juliet Lami (LL.M. 1984) Choice of Law in International Commercial Arbitration ABSTRACT | FULL TEXT

Urapeepatanapong , Kitipong (LL.M. 1987) Legal Aspects of Countertrade under the General Agreement on Tariffs and Trade and the National Laws of Canada and Thailand ABSTRACT | FULL TEXT

Van Der Meide , Wayne (LL.M. 2001) Who Guards the Borders of ‘Gay’? : An Examination of the Implications of the Extension of ‘Spousal’ Status to Queer People Who Experience Multiple Oppression ABSTRACT | FULL TEXT

Van’t Westeinde , Jobine (LL.M. 1998) Restorative Principles in the Criminal Justice System : Alternatives for Satisfying Justice? ABSTRACT | FULL TEXT

Villaseñor Rodriguez , Fernando (Ph.D. 2017) The constitutionalization of the right to social security : a comparative analysis between Japan and Mexico ABSTRACT | FULL TEXT

Violet , Ian (LL.M. 1990) The Allocation of Responsibility for the Maintenance of the Single Parent Family ABSTRACT | FULL TEXT

Vogl , Anthea Fay (Ph.D. 2016) Refugee status determination, narrative and the oral hearing in Australia and Canada ABSTRACT | FULL TEXT

Vohra , Apurva (LL.M. 2023) Social order in the age of artificial intelligence : the use of technology in migration governance and decision-making ABSTRACT | FULL TEXT

Wade , John Harington (LL.M. 1971) Morals and the Enforcement of Values : An Analysis of the Hart-Devlin Debate ABSTRACT | FULL TEXT

Waldron , Mary Anne (LL.M. 1974) The Process of Law Reform : Focus on the New B.C. Companies Act ABSTRACT | FULL TEXT

Walewski , Paul M.A. (LL.M. 2004) Combating International Terrorism : A Study of whether the Responses by the UK and US to the Events of 9/11 are Compatible with Respect for Fundamental Human Rights ABSTRACT | FULL TEXT

Walkem , Ardith Alison (LL.M. 2005) Bringing Water to the Land : Re-cognize-ing Indigenous Oral Traditions and the Laws of Embodied Within Them ABSTRACT | FULL TEXT

Walker , Patrick (LL.M. 1992) Crown-Aboriginal Fiduciary Relationships : False Optimism or Realistic Expectations? ABSTRACT | FULL TEXT

Wallrap , Albert Samuel (LL.M. 1997) Admissibility of Novel Scientific Opinion – Unusual Bedfellows and Interdisciplinary Stories ABSTRACT | FULL TEXT

Walter , Kerstin (LL.M. 2012)

Mind the gap : exposing the protection gaps in international law for environmentally displaced citizens of small island states ABSTRACT | FULL TEXT

Wang , Chao (LL.M. 2003) National Treatment, Transparency, and Rule of Law : Evolving Issues on the Conformity of China’s Legal System with WTO’s Principles ABSTRACT | FULL TEXT

Wang , Chao (Ph.D. 2010) Redefining and Regulating Public Contracting in China : Comparative and International Perspectives ABSTRACT | FULL TEXT

Wang , Chunyan (LL.M. 2003) E-Commerce in China ABSTRACT | FULL TEXT

Wang , Feihong (LL.M. 1996) Reforming the Chinese State-owned Enterprise : A Law and Economics Perspective ABSTRACT | FULL TEXT

Ward , Ian Robert (LL.M. 1985) Misleading Government Information : An Analysis of the Legal Remedies Available to the Affected Citizens ABSTRACT | FULL TEXT

Webb , Suzanne Nicola (LL.M. 1999) The Drug Court; A Miracle or the Healer’s Hand? ABSTRACT | FULL TEXT

Weibel , Rolando (LL.M. 1973) The Quest for a New Management Structure in European Company Law ABSTRACT | FULL TEXT

Welch , Elizabeth Ann (L.L.M 2014) Succumbing to the siren song : rape myths in sexual offender sentencing in B.C. ABSTRACT | FULL TEXT

Wilkinson , Suzanne (LL.M. 2002) NAFTA, Mexico & Metalclad : Understanding the Normative Framework of International Trade Law ABSTRACT | FULL TEXT

Willenbrock , Christel (LL.M. 1995) Policy Analysis of Waste Management Legislation in Canada and Germany with a Focus on the Polluter Pays Principle ABSTRACT | FULL TEXT

Williams , Joseph Victor (LL.M. 1988) Te Mana Motuhake Me Te Iwi Maori : Indigenous Self Determination ABSTRACT | FULL TEXT

Williams-Davidson , Terri-Lynn (LL.M. 2022) Ts’uu JaasG̲alang hlG̲aajuu : cedar sisters framework ABSTRACT | FULL TEXT

Wojda , Magdalena A. (LL.M. 2015) A focus on the risk of harm : applying a risk-centered purposive approach to the interpretation of “personal information” under Canadian data protection laws ABSTRACT | FULL TEXT

Wolfson , Lorne Howard (LL.M. 1976) Juvenile Delinquents, Young Offenders and Young Persons in Conflict With the Law : A Study of Juvenile Delinquency Law Reform in Canada ABSTRACT | FULL TEXT

Woolias , David (LL.M. 2012)

“To the advantage of all concerned” : practical and principle-based arguments for a revised remedy regime for unfair dismissal in Australia ABSTRACT | FULL TEXT

Wright , David Malcolm (LL.M. 1991) Fiduciaries in a commercial context ABSTRACT | FULL TEXT

Wriley , Jennifer Lee (LL.M. 2013) The evolution of credit bidding : its recent journey and logical next step ABSTRACT | FULL TEXT

Xia , Yao Yuan (LL.M. 1990) Reconciliation of Non-Market Economies : GATT Trade Rules ABSTRACT | FULL TEXT

Xin , Jianhong (LL.M. 2000) Court Mediation in China : Time for Reform ABSTRACT | FULL TEXT

Xin , Kelei (LL.M. 1993) The Role of Law and Policy in the Offshore Petroleum Development of China ABSTRACT | FULL TEXT

Yamamoto , Yoko (LL.M. 2000) Regulating Hate Propaganda in Japan : Canadian Hate Regulation and Japanese Minorities ABSTRACT | FULL TEXT

Yamauchi , Keith Dennis (LL.M. 1994) The Reorganization of Insolvent Businesses : A Functional Comparison of the Canadian and American Models ABSTRACT | FULL TEXT

Yan , Yibing (LL.M. 1993) A Non-Market Economy’s Admission to the General Agreement on Tariffs and Trade – China’s Unique Situation ABSTRACT | FULL TEXT

Yang , Bonny (LL.M. 2002) The Law with Two Faces ABSTRACT | FULL TEXT

Yang , Jie (LL.M. 2004) Who is at Risk? Is a Carrier under a Straight Bill of Lading Entitled to Deliver Goods to the Named Consignee without Presentation of the Original Bill of Lading? ABSTRACT | FULL TEXT

Yang , Xusheng (LL.M. 1997) Securities regulation in China : A Study of its Path to Market Economy ABSTRACT | FULL TEXT

Yaron , Gil (LL.M. 2000) Awakening Sleeping Beauty : Reviving Lost Remedies and Discourses to Revoke Corporate Charters ABSTRACT | FULL TEXT

Yin , Li (LL.M. 1993) A Comparative Study of the Contract Remedy Systems Between Anglo-American and Chinese Law ABSTRACT | FULL TEXT

Yorgun , Siobhan L. (Ph.D. 2020) “Other” women in flight : sexual minority and polygynous refugee women ABSTRACT | FULL TEXT

Young , Charles A. (LL.M. 1976) Liability for Marine Pollution ABSTRACT | FULL TEXT

Yu , Linan (LL.M. 1998) Internationalization of Chinese Patent Law and Practice ABSTRACT | FULL TEXT

Zafar , Yasmeen (LL.M. 1991) Feminism, psychoanalysis and postmodernism : bridging the discourses ABSTRACT | FULL TEXT

Zafer , Muhammad Masoud Uz (LL.M. 1984) Strikes in Essential Services in British Columbia ABSTRACT | FULL TEXT

Zaharko , Janice (LL.M. 1980) Procedures for Transferring to British Columbia the Federal Government’s Interest in Offshore Oil and Gas ABSTRACT | FULL TEXT

Zanghellini , Aleardo (LL.M. 2000) Homoerotica & Homophobia : Hatred, Pornography, and the Politics of Speech Regulation ABSTRACT | FULL TEXT

Zegrean , Ivona-Elena (L.L.M 2017) Consumer welfare and private actions for damages in European Union competition law ABSTRACT | FULL TEXT

Zeng , Hang (LL.M. 2005) Antidumping and Competition : The Case of China ABSTRACT | FULL TEXT

Zhang , Jida (LL.M. 2002) Foreign-Related Commercial Disputes Resolution in China after WTO ABSTRACT | FULL TEXT

Zhang , Yulin (LL.M. 1994) International Arbitral Jurisdiction ABSTRACT | FULL TEXT

Zhang , Yulin (Ph.D. 2016) Impartial resolution of disputes in China : an intellectual property perspective ABSTRACT | FULL TEXT

Zhu , Yun (LL.M. 2002) Trade and Environmental Protection Within the World Trade Organization Framework ABSTRACT | FULL TEXT

Ziegelwanger , Vera (LL.M. 1995) Plea Bargaining : A Comparative Study of Austrian and Canadian Law ABSTRACT | FULL TEXT

Ziyi , Yang (LL.M. 2021) Family planning and gender discrimination in the workplace : an assessment of China’s two-child policy on women’s equality at work ABSTRACT | FULL TEXT

Dissertation Writing

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Many students face challenges when it comes to writing an effective dissertation abstract. They often struggle to condense their extensive research into a concise yet informative summary.

A well-crafted abstract can draw readers in, provide a clear overview of your work, and leave a lasting impression. On the other hand, a poorly written abstract may deter potential readers, making it imperative to get it right.

In this blog, we'll provide you with a comprehensive guide on how to write a dissertation abstract that not only meets the necessary academic standards but also captivates your audience. 

With expert insights and step-by-step instructions, you'll gain the skills and knowledge needed to create an abstract that stands out.

Let's dive into the art of crafting a winning dissertation abstract.

• 1. What Exactly is a Dissertation Abstract?
• 2. How to Write a Dissertation Abstract
• 3. Dissertation Abstract Sample
• 4. Tips for Writing an Effective Dissertation Abstract

What Exactly is a Dissertation Abstract?

A dissertation abstract is a concise summary that provides a snapshot of your entire dissertation . 

It's a crucial component, typically found at the beginning of your dissertation, and serves as a teaser or trailer for your research. Think of it as the first impression your work makes on your readers.

In essence, the abstract is your opportunity to convey the essence of your study in a succinct and engaging manner. It should cover the main objectives, methodology, findings, and conclusions of your research. While it might seem like a mere formality, it plays a pivotal role in the academic world and beyond.

Purpose of a Dissertation Abstract

The dissertation abstract has a distinct purpose, serving several vital roles in the academic and research world:

• Snapshot of Your Work

It acts as a concise snapshot of your entire dissertation, giving readers a quick overview of your research. This is especially useful for busy academics and researchers who want to evaluate the relevance of your work to their own studies.

• Discoverability

A well-crafted abstract includes keywords and phrases relevant to your research, making your work more discoverable in academic databases and search engines..

• Clarity and Conciseness

It challenges you to communicate your research effectively in a limited word count. This exercise encourages you to distill complex ideas into simple, clear language, promoting a deeper understanding of your work.

• Decision-Making Tool

For those deciding whether to read your full dissertation, the abstract plays a critical role. It helps readers determine if your research aligns with their interests and needs, saving them time and guiding their choices.

• Academic Significance

In academic and research circles, the abstract can act as a standalone work. Researchers often use abstracts to quickly assess the value and relevance of a study before committing to reading the entire paper.

• Professional Applications

Beyond the academic world, a dissertation abstract can also have professional implications. Potential employers and organizations often use them to assess a candidate's research abilities, critical thinking, and the potential for future contributions.

Dissertation Abstract Structure

The structure of a dissertation abstract is a critical aspect of creating an effective summary of your research. 

A well-structured abstract ensures that your readers can quickly grasp the key elements of your study. Here's a typical structure to follow:

• Introduction
• Objective or Hypothesis
• Methodology
• Key Findings
• Conclusions and Implications

Remember that while your abstract should be structured, conciseness is the key. It's a challenge to convey all of this information effectively within a limited word count. 

Each section should be using clear and straightforward language. Aim to give readers a sense of what your dissertation is about without overwhelming them with details.

How Long Should a Dissertation Abstract Be?

The ideal length of a dissertation abstract can vary depending on institutional guidelines, but a typical abstract should be concise and to the point. 

It's often recommended to keep it within the range of 150 to 300 words. While some institutions might allow slightly longer abstracts, it's crucial to remain as concise as possible. 

The goal is to provide a comprehensive summary of your research while being mindful of the limited word count. 

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How to Write a Dissertation Abstract

Writing an abstract is an art that requires precision and conciseness. To create an abstract that engages readers and accurately represents your research, follow these guidelines for each section:

1. Introduce the Research Problem

Begin with a compelling introduction that clearly states the research problem or question your dissertation addresses. 

Provide context by briefly explaining the background of the study and why it's important. The introduction should draw readers in and make them want to learn more.

2.  State the Main Objective or Hypothesis

After the introduction, present the main objective or hypothesis of your research. This should be a clear and specific statement of what you intended to achieve in your study. 

This section sets the stage for what readers can expect in terms of the study's focus.

3.  Describe Your Research Methods

Provide a concise description of the research methods you used. Mention whether your research employed qualitative , quantitative , or mixed methods. 

Briefly explain the data collection techniques, sampling methods, and any analytical tools or software used. Keep it informative while being succinct so readers understand your approach.

For instance , if your thesis abstract involved surveys and data analysis, you could say:

4. Summarize Key Findings

Summarize the most significant findings of your research. Focus on the main results, trends, or discoveries that emerged from your study. 

Use quantitative data, statistics, or qualitative insights, as appropriate, to support your findings. Highlight the key takeaways that contribute to your field of study.

For example , your thesis or dissertation revealed a concerning trend, you could state: 

5.  Conclude and Discuss Implications

Conclude your abstract by summarizing the conclusions you drew from your research. Discuss the broader implications of your findings and their significance.

Answer the "so what" question – explain why your research matters, both academically and practically.

6.  Include Relevant Keywords

Include a list of relevant keywords or phrases. These are crucial for ensuring your work is discoverable in academic databases and search engines. 

Choose terms commonly used in your field and reflect the main themes of your research.

Take a look at this dissertation abstract example for a more comprehensive understanding

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Dissertation Abstract Sample

The best way to understand how to write a great dissertation abstract is to look at some examples. These dissertation examples will help you understand how a good abstract is constructed.

Law Dissertation Abstract Example

Dissertation Abstract Humanities

Thesis Dissertation Abstract

Tips for Writing an Effective Dissertation Abstract

Crafting a compelling dissertation abstract is essential to grab the attention of your target audience and provide a clear overview of your research. 

Here are some valuable tips to ensure your abstract is effective:

• Clarity and Brevity : Keep your dissertation or thesis abstract clear and concise. Avoid jargon or overly technical language. 
• Focus on Key Information : Highlight the most significant aspects of your research questions. Readers should grasp the main points and relevance of your work quickly.
• Stay within Word Limit : Adhere to the word limit specified by your institution or guidelines. Typically, abstracts are limited to 150-300 words.
• Be Accurate and Honest : Ensure that your abstract accurately represents your research. Don't make exaggerated claims or overstate your findings.
• Edit and Proofread : Carefully proofread your abstract for grammar and spelling errors. A well-edited abstract demonstrates professionalism.
• Consider Your Audience : Keep in mind your target audience, whether it's academic peers, potential employers, or a general readership. Tailor your abstract to their level of understanding.
• Write in the Past Tense: Abstracts typically use past tense when referring to your research, as it has already been completed.
• Seek Feedback : Before finalizing your abstract, get feedback from peers, advisors, or writing experts. Their insights can help refine your content.

In conclusion, the dissertation abstract serves as a powerful gateway in the world of academia. It's the gateway to your research, the lens through which your work is viewed by others. 

By following a structured approach, focusing on key elements, and adhering to word limits, you can write a dissertation abstract that stands out.

Ready to create an outstanding dissertation abstract that leaves a lasting impression? Get in touch with our dissertation writing service for expert guidance.

Our online paper writing service has a team of highly qualified writers for all subjects. We can assist you at every step, from formulating a research question to writing a draft and ensuring accurate formatting and citations. 

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HLS Dissertations, Theses, and JD Papers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HLS Third Year Papers in HOLLIS

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

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

Prize Papers

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

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

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

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

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

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

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

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

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

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• Last Updated: Sep 12, 2023 10:46 AM
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How to Write a Law Dissertation?: Step-by-Step Guide

To get the best Law Dissertation Writing Help Contact us at +91 9795971160 .

Read the whole article to understand how to write a good law dissertation .

Fill the form to get an expert make a dissertation for you!

Introduction

A law dissertation is an official piece of writing generally done by a student pursuing a doctorate at any university. It’s a document that has details about the topic selected for research by the student and is approved by the professor or guide. It is an official document and has specific requirements to fit into the dissertation. It should be drafted properly and should be in the proper format according to the universities pattern. The dissertation should have relevant information related to research done by one. This article gives a general overview of basic law dissertation writing help to a law student.

What is a Law Dissertation?

A dissertation is a formal term for a thesis. It is an official, lengthy piece of writing. It is generally written by a PhD student at uni. A dissertation is a piece of writing that enhances a different point of view as an outcome of the study. This is typically processed as part of a necessity for a better academic degree. The writer’s study and findings are proffered in the thesis.

A dissertation must conduct fundamental legal research. To review articles and essential laws. If needed the individual should take surveys to get precise results. Legal research helps to get to a broader aspect of the topic as sometimes it is not possible to get from theoretical experience. Good legal research leads to a systematic finding and ascertainment of the law and advances it.

To provide the law dissertation writing help , we have briefly explained, the structure of a law dissertation.

How to Write a Law Dissertation?

Structure of a law dissertation:.

• ABSTRACT: An abstract, the type of overview, gives readers an introduction to one’s thesis. It is a concise summary of one’s thesis in which one defines one’s study’s goals and objectives, methods, outcomes, summary, and strategic development.
• TABLE OF CONTENT: The contents table includes the primary and subheadings of one’s document, as well as the ‘references’ and ‘annexures’ segments. This ought to be linked directly to the entire program and generated by the system by the Microsoft wizard.
• INTRODUCTION: The whole first section ought to contain a description of the problem’s background in addition to an issue statement. The objective of the research should be clear, then the query question. One’s entire analysis initiative and subsequent sections must be responses to the query question you posed. One must provide precise definitions for the terms used in the task. One would also reveal one’s presumptions and overall results objectives.
• LITERATURE REVIEW : This is probably the most significant and critical aspect of one’s analysis. Inside this section of your thesis, one will go over the qualitative research in a similar way that you did earlier. This section reflects one’s efforts and work.
• METHODOLOGY: This section of the thesis focuses on how one found the assets and how one implemented the findings. One will reveal the study questions, establishing, attendees, information gathering, and information analysis procedures when composing a quantifiable thesis. Whether one is writing a quantifiable thesis, this section would then concentrate on the study concerns and postulate, both sample and population data, equipment, information gathering, and market research.
• SAMPLE SIZE: The sample size must be appropriate, not too compact or too massive.
• DATA COLLECTION TECHNIQUES: (Enrollment, Surveys, Interviews, Findings Directed) Data Analysis: Data must be analyzed as per the article’s requirements. The information must be compiled once it has been collected. The overall number of parameters utilized will be considered in the research, as well as the relationship between them will be examined.
• FINDINGS: It is yet another critical point within a research project because it takes into account one’s cognitive innate talent or mental prowess. In the findings section, one repeats the study questions as well as talks about the findings.
• CONCLUSIONS: One would then summarize the research and concisely describe the findings and results in the dissertations’ concluding section. Highlight the importance of explaining why one’s research results play a part in the academic world and how they can be implemented.
• RECOMMENDATIONS/ SUGGESTIONS: It is the final section of one’s analysis, and it contains a section titled “Recommendations for future research,” wherein one suggests an additional study to make clear the difficulties.   Describe the reason why one thinks this study is necessary and also what form that should take.
• APPENDICES: This is a chapter in which one will incorporate data from one’s article that one has supplemented. It is a type of additional material that doesn’t inevitably add anything to the primary content of the paper. It would include the questionnaire, charts, tabular, graphs, and any additional data sources that require further explanation.
• BIBLIOGRAPHY: Use the citation style suggested for one’s field of research, and list all references utilized during the writing and research steps.

Differences between bibliography, footnotes, and reference

Bibliographies, footnotes, endnotes, and references are contributors and related substances for components used during studies that must be acknowledged. If indeed the supplies are not addressed, the work is considered copyrighted.

• BIBLIOGRAPHY: The list of all sources and references is always found at the end of the research.
• FOOTNOTES: This is always noted in the footer at the bottom of the document. It displays citations for every document individually.
• REFERENCES/ SUGGESTIONS: These have always been usually found after publications or sections.

In this article, the author tries to provide law dissertation writing help to law students. Therefore, we can say that to do the desired dissertation legal research is necessary. The drafting of the document is essential in the dissertation. One should always mention all the cases and citations properly or else the document will be considered plagiarized and will not be valid. This article gives a general overview of a dissertation. Every university may have a different format of its own for dissertations for the students pursuing a PhD. It should clarify the idea of research and the basic purpose for doing such research.

• Article by Law Notes – Published on 5 th October 2020 “How to write Dissertation and synopsis” ( https://lawcolloquy.com/publications/blog/how-to-write-dissertation-and-synopsis/25 )
• Article by Law Dissertation Structure “LAW DISSERTATION STRUCTURE” ( https://www.lawdissertation.co.uk/law-dissertation-structure )

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Writing an abstract - a six point checklist (with samples)

Posted in: abstract , dissertations

The abstract is a vital part of any research paper. It is the shop front for your work, and the first stop for your reader. It should provide a clear and succinct summary of your study, and encourage your readers to read more. An effective abstract, therefore should answer the following questions:

• Why did you do this study or project?
• What did you do and how?
• What did you find?
• What do your findings mean?

So here's our run down of the key elements of a well-written abstract.

• Size - A succinct and well written abstract should be between approximately 100- 250 words.
• Background - An effective abstract usually includes some scene-setting information which might include what is already known about the subject, related to the paper in question (a few short sentences).
• Purpose  - The abstract should also set out the purpose of your research, in other words, what is not known about the subject and hence what the study intended to examine (or what the paper seeks to present).
• Methods - The methods section should contain enough information to enable the reader to understand what was done, and how. It should include brief details of the research design, sample size, duration of study, and so on.
• Results - The results section is the most important part of the abstract. This is because readers who skim an abstract do so to learn about the findings of the study. The results section should therefore contain as much detail about the findings as the journal word count permits.
• Conclusion - This section should contain the most important take-home message of the study, expressed in a few precisely worded sentences. Usually, the finding highlighted here relates to the primary outcomes of the study. However, other important or unexpected findings should also be mentioned. It is also customary, but not essential, to express an opinion about the theoretical or practical implications of the findings, or the importance of their findings for the field. Thus, the conclusions may contain three elements:
• The primary take-home message.
• Any additional findings of importance.
• Implications for future studies.

Example Abstract 2: Engineering Development and validation of a three-dimensional finite element model of the pelvic bone.

Abstract from: Dalstra, M., Huiskes, R. and Van Erning, L., 1995. Development and validation of a three-dimensional finite element model of the pelvic bone. Journal of biomechanical engineering, 117(3), pp.272-278.

And finally...  A word on abstract types and styles

Abstract types can differ according to subject discipline. You need to determine therefore which type of abstract you should include with your paper. Here are two of the most common types with examples.

Informative Abstract

The majority of abstracts are informative. While they still do not critique or evaluate a work, they do more than describe it. A good informative abstract acts as a surrogate for the work itself. That is, the researcher presents and explains all the main arguments and the important results and evidence in the paper. An informative abstract includes the information that can be found in a descriptive abstract [purpose, methods, scope] but it also includes the results and conclusions of the research and the recommendations of the author. The length varies according to discipline, but an informative abstract is usually no more than 300 words in length.

Descriptive Abstract A descriptive abstract indicates the type of information found in the work. It makes no judgements about the work, nor does it provide results or conclusions of the research. It does incorporate key words found in the text and may include the purpose, methods, and scope of the research. Essentially, the descriptive abstract only describes the work being summarised. Some researchers consider it an outline of the work, rather than a summary. Descriptive abstracts are usually very short, 100 words or less.

Adapted from Andrade C. How to write a good abstract for a scientific paper or conference presentation. Indian J Psychiatry. 2011 Apr;53(2):172-5. doi: 10.4103/0019-5545.82558. PMID: 21772657; PMCID: PMC3136027 .

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Law thesis and dissertation collection

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

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

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