“Forum Non Conveniens in America and England: ‘A rather fantastic fiction’.” 103 LQR 398, Robert-Tissot, S., and Smith, D., 2005. Who are your target readers? Art 34(1) Transporti Castelletti v Hugo Trumpy, C-159/97, [1999] ECR I-1597. 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. Oxford: OUP, Grosz, S., Beatson, J. and Duffy, P., 2000. Drozd and Janousek v France and Spain (1992) 14 EHRR 745 A well-written introduction can make all the difference between a first class and an upper second. This expected length is enough evidence of the type of coverage you should be aiming for on your dissertation, as well as the nature of your dissertation’s content. 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. The Human Rights Act 1998, 3.1. Art 13, Anton, A.E., and Beaumont, P., 1995. Be more indirect. Depending on the institution, the length of a general dissertation or research project may vary between 5 000, 15 000 words. Ibid. 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.) Art 30 New York: OUP, Clayton, R. and Tomlinson, H., 2000. Collins, L., et al (eds), 2006. 7.5. This right comprises two particularly significant elements important in the context of civil jurisdiction and judgments. A and others v Denmark [1996] ECHR 2 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. 20-21, p.122) Declining jurisdiction in private international law: reports to the XIVth congress of the International Academy of Comparative Law, Athens, August 1994. Research. “Is Europe Aiming to Civilise the Common Law?” 18 EBLRev 77-99, McLachlan, C., 2004. Such proportionality concerns were considered in Jones v Ministry of the Interior of the Kingdom of Saudi Arabia. skip to content. Asser Press, pp197-228, p228 n100, Crawford, E.B., 2005. Dissertation introduction sets the stage explicitly to present your thesis in a professional manner, on what you are going to write or follows in the specified pages. The Kribi (n131), at [42]. Mark v Mark also illustrates such inflexibility and proportionality considerations. Sunday Times v United Kingdom (1979-80) 2 EHRR 245 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. Collier, J.C., 2001. Ibid., at [177]. Owners of the Atlantic Star v Owners of the Bona Spes (The Atlantic Star and The Bona Spes) [1974] AC 436 merge different areas of law whilst researching for my dissertation topic. “In Defence of the Doctrine of Forum Non Conveniens.” (2005) HKLJ 395. Kudla v Poland [2000] ECHR 512. Delcourt v Belgium (1979-80) 1 EHRR 355 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. (Family Law and Human Rights: Can They Go Along or Do They Exclude Each Other? s2(1)(a) *You can also browse our support articles here >. “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. The Law of Human Rights. 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. Ibid., at [42]. Higgins, R., 2006. Conflict with Forum non Conveniens “The European Union and the Systematic Dismantling of the Common Law Conflict of Laws”, 54 ICLQ 813. A Guide to Human Rights Law in Scotland. 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.”. Moreover, as discussed, reasonable delay has been considered consistently, although somewhat effectively, within this second stage of Spiliada. Generally, where proceedings are stayed, there are three stages which must be distinguished for determining delay. [1991] 2 QB 206. Jaffey on the Conflict of Laws. Vocaturo v Italy [1991] ECHR 34. 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. 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. The Jalakrishna [1983] 2 Lloyd’s Rep. 628 “Private International Law: Change or Decay?” 50 ICLQ 477-508, Orakhelashvili, A., 2006. 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. Think about creative arguments that an advocate might run and try to develop them yourself. Pingback: Cadder v HMA and Loss of Identity for Scots Law | ScotsLawBlog(), Previous post: How to write a first-class bibliography for a legal essay, Next post: Lawyers on Twitter: Tweetup Tomorrow 26th November 2010 – Come along, Copyright © 2010-2020. Corporate Manslaughter - A Legal Theory or a Practical Reality? Is it worth pursuing to begin with? Morris on the Conflict of Laws. Conclusions, 7.1. 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. Recognition of Non-Contracting State Judgments Terms & Conditions | Privacy & Cookies Policy. British Airways v Laker Airways [1983] AC 58,at [80]. 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. 101-129, Collins, L., 1995. 187-194, Robertson, D.W., 1987. Hunt, M., 1998. There is therefore a large amount of discretion afforded to the courts regarding techniques to avoid infringement of the Convention. Briggs and Rees: 2005, Preface to the Fourth Edition, p.v. Such attention has been properly given on occasion, as demonstrated by both Mance and Thorpe LJJ. Risk of a judgment breaching regular Article 6 can operate through a number of times because of a of... Of human rights Act ” ) to provide citations, which must be distinguished for determining delay a... Analysis skills intercontinental Cooperation through Private International law and human Rights. ” ( 2001 ) 38 18... 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