Date of publication: 2017-08-31 23:00
9. Don't begin your thinking by assuming that your research will draw international attention to you!! Instead, be realistic in setting your goal. Make sure your expectations are tempered by:
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.
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.
66. Selecting and preparing your advisory committee to respond to your proposal should not be taken lightly. If you do your homework well your advisory committee can be most helpful to you. Try these ideas:
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.
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.
Lowenfield, ., 7559. “Jurisdiction, Enforcement, Public Policy and Res Judicata: The Krombach Case,” in in Einhorn, T. and Siehr, K., 7559. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: . Asser Press, pp779-798
7. Write down your ideas. This will allow you to revisit an idea later on. Or, you can modify and change an idea. If you don't write your ideas they tend to be in a continual state of change and you will probably have the feeling that you're not going anywhere. What a great feeling it is to be able to sit down and scan the many ideas you have been thinking about, if they're written down.
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THE THINKING ABOUT IT STAGE The thinking about it stage is when you are finally faced with the reality of completing your degree. Usually the early phases of a graduate program proceed in clear and very structured ways. The beginning phases of a graduate program proceed in much the same manner as an undergraduate degree program. There are clear requirements and expectations, and the graduate student moves along, step by step, getting ever closer to the completion of the program. One day, however, the clear structure begins to diminish and now you're approaching the thesis/dissertation stage. This is a new and different time. These next steps are more and more defined by you and not your adviser, the program, or the department.
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.
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