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• How to Write a Thesis or Dissertation Conclusion

How to Write a Dissertation Conclusion | Checklist and Examples

Published on 9 September 2022 by Tegan George and Shona McCombes. Revised on 10 October 2022.

The conclusion is the very last part of your thesis or dissertation . It should be concise and engaging, leaving your reader with a clear understanding of your main findings, as well as the answer to your research question .

In it, you should:

• Clearly state the answer to your main research question
• Summarise and reflect on your research process
• Make recommendations for future work on your topic
• Show what new knowledge you have contributed to your field
• Wrap up your thesis or dissertation

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Table of contents

Discussion vs. conclusion, how long should your conclusion be, step 1: answer your research question, step 2: summarise and reflect on your research, step 3: make future recommendations, step 4: emphasise your contributions to your field, step 5: wrap up your thesis or dissertation, full conclusion example, conclusion checklist, frequently asked questions about conclusion sections.

While your conclusion contains similar elements to your discussion section , they are not the same thing.

Your conclusion should be shorter and more general than your discussion. Instead of repeating literature from your literature review , discussing specific research results , or interpreting your data in detail, concentrate on making broad statements that sum up the most important insights of your research.

As a rule of thumb, your conclusion should not introduce new data, interpretations, or arguments.

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Depending on whether you are writing a thesis or dissertation, your length will vary. Generally, a conclusion should make up around 5–7% of your overall word count.

An empirical scientific study will often have a short conclusion, concisely stating the main findings and recommendations for future research. A humanities topic or systematic review , on the other hand, might require more space to conclude its analysis, tying all the previous sections together in an overall argument.

Your conclusion should begin with the main question that your thesis or dissertation aimed to address. This is your final chance to show that you’ve done what you set out to do, so make sure to formulate a clear, concise answer.

• Don’t repeat a list of all the results that you already discussed
• Do synthesise them into a final takeaway that the reader will remember.

An empirical thesis or dissertation conclusion may begin like this:

A case study –based thesis or dissertation conclusion may begin like this:

In the second example, the research aim is not directly restated, but rather added implicitly to the statement. To avoid repeating yourself, it is helpful to reformulate your aims and questions into an overall statement of what you did and how you did it.

Your conclusion is an opportunity to remind your reader why you took the approach you did, what you expected to find, and how well the results matched your expectations.

To avoid repetition , consider writing more reflectively here, rather than just writing a summary of each preceding section. Consider mentioning the effectiveness of your methodology , or perhaps any new questions or unexpected insights that arose in the process.

You can also mention any limitations of your research, but only if you haven’t already included these in the discussion. Don’t dwell on them at length, though – focus on the positives of your work.

• While x limits the generalisability of the results, this approach provides new insight into y .
• This research clearly illustrates x , but it also raises the question of y .

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You may already have made a few recommendations for future research in your discussion section, but the conclusion is a good place to elaborate and look ahead, considering the implications of your findings in both theoretical and practical terms.

• Based on these conclusions, practitioners should consider …
• To better understand the implications of these results, future studies could address …
• Further research is needed to determine the causes of/effects of/relationship between …

When making recommendations for further research, be sure not to undermine your own work. Relatedly, while future studies might confirm, build on, or enrich your conclusions, they shouldn’t be required for your argument to feel complete. Your work should stand alone on its own merits.

Just as you should avoid too much self-criticism, you should also avoid exaggerating the applicability of your research. If you’re making recommendations for policy, business, or other practical implementations, it’s generally best to frame them as ‘shoulds’ rather than ‘musts’. All in all, the purpose of academic research is to inform, explain, and explore – not to demand.

Make sure your reader is left with a strong impression of what your research has contributed to the state of your field.

Some strategies to achieve this include:

• Returning to your problem statement to explain how your research helps solve the problem
• Referring back to the literature review and showing how you have addressed a gap in knowledge
• Discussing how your findings confirm or challenge an existing theory or assumption

Again, avoid simply repeating what you’ve already covered in the discussion in your conclusion. Instead, pick out the most important points and sum them up succinctly, situating your project in a broader context.

The end is near! Once you’ve finished writing your conclusion, it’s time to wrap up your thesis or dissertation with a few final steps:

• It’s a good idea to write your abstract next, while the research is still fresh in your mind.
• Next, make sure your reference list is complete and correctly formatted. To speed up the process, you can use our free APA citation generator .
• Once you’ve added any appendices , you can create a table of contents and title page .
• Finally, read through the whole document again to make sure your thesis is clearly written and free from language errors. You can proofread it yourself , ask a friend, or consider Scribbr’s proofreading and editing service .

Here is an example of how you can write your conclusion section. Notice how it includes everything mentioned above:

V. Conclusion

The current research aimed to identify acoustic speech characteristics which mark the beginning of an exacerbation in COPD patients.

The central questions for this research were as follows: 1. Which acoustic measures extracted from read speech differ between COPD speakers in stable condition and healthy speakers? 2. In what ways does the speech of COPD patients during an exacerbation differ from speech of COPD patients during stable periods?

All recordings were aligned using a script. Subsequently, they were manually annotated to indicate respiratory actions such as inhaling and exhaling. The recordings of 9 stable COPD patients reading aloud were then compared with the recordings of 5 healthy control subjects reading aloud. The results showed a significant effect of condition on the number of in- and exhalations per syllable, the number of non-linguistic in- and exhalations per syllable, and the ratio of voiced and silence intervals. The number of in- and exhalations per syllable and the number of non-linguistic in- and exhalations per syllable were higher for COPD patients than for healthy controls, which confirmed both hypotheses.

However, the higher ratio of voiced and silence intervals for COPD patients compared to healthy controls was not in line with the hypotheses. This unpredicted result might have been caused by the different reading materials or recording procedures for both groups, or by a difference in reading skills. Moreover, there was a trend regarding the effect of condition on the number of syllables per breath group. The number of syllables per breath group was higher for healthy controls than for COPD patients, which was in line with the hypothesis. There was no effect of condition on pitch, intensity, center of gravity, pitch variability, speaking rate, or articulation rate.

This research has shown that the speech of COPD patients in exacerbation differs from the speech of COPD patients in stable condition. This might have potential for the detection of exacerbations. However, sustained vowels rarely occur in spontaneous speech. Therefore, the last two outcome measures might have greater potential for the detection of beginning exacerbations, but further research on the different outcome measures and their potential for the detection of exacerbations is needed due to the limitations of the current study.

Checklist: Conclusion

I have clearly and concisely answered the main research question .

I have summarized my overall argument or key takeaways.

I have mentioned any important limitations of the research.

I have given relevant recommendations .

I have clearly explained what my research has contributed to my field.

I have  not introduced any new data or arguments.

You've written a great conclusion! Use the other checklists to further improve your dissertation.

In a thesis or dissertation, the discussion is an in-depth exploration of the results, going into detail about the meaning of your findings and citing relevant sources to put them in context.

The conclusion is more shorter and more general: it concisely answers your main research question and makes recommendations based on your overall findings.

While it may be tempting to present new arguments or evidence in your thesis or disseration conclusion , especially if you have a particularly striking argument you’d like to finish your analysis with, you shouldn’t. Theses and dissertations follow a more formal structure than this.

All your findings and arguments should be presented in the body of the text (more specifically in the discussion section and results section .) The conclusion is meant to summarize and reflect on the evidence and arguments you have already presented, not introduce new ones.

For a stronger dissertation conclusion , avoid including:

• Generic concluding phrases (e.g. “In conclusion…”)
• Weak statements that undermine your argument (e.g. “There are good points on both sides of this issue.”)

Your conclusion should leave the reader with a strong, decisive impression of your work.

The conclusion of your thesis or dissertation shouldn’t take up more than 5-7% of your overall word count.

The conclusion of your thesis or dissertation should include the following:

• A restatement of your research question
• A summary of your key arguments and/or results
• A short discussion of the implications of your research

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George, T. & McCombes, S. (2022, October 10). How to Write a Dissertation Conclusion | Checklist and Examples. Scribbr. Retrieved 21 May 2024, from https://www.scribbr.co.uk/thesis-dissertation/conclusion/

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How To Write The Conclusion Chapter

A Simple Explainer With Examples + Free Template

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

So, you’ve wrapped up your results and discussion chapters, and you’re finally on the home stretch – the conclusion chapter . In this post, we’ll discuss everything you need to know to craft a high-quality conclusion chapter for your dissertation or thesis project.

Overview: The Conclusion Chapter

• What the thesis/dissertation conclusion chapter is
• What to include in your conclusion
• How to structure and write up your conclusion
• A few tips  to help you ace the chapter
• FREE conclusion template

What is the conclusion chapter?

The conclusion chapter is typically the final major chapter of a dissertation or thesis. As such, it serves as a concluding summary of your research findings and wraps up the document. While some publications such as journal articles and research reports combine the discussion and conclusion sections, these are typically separate chapters in a dissertation or thesis. As always, be sure to check what your university’s structural preference is before you start writing up these chapters.

So, what’s the difference between the discussion and the conclusion chapter?

Well, the two chapters are quite similar , as they both discuss the key findings of the study. However, the conclusion chapter is typically more general and high-level in nature. In your discussion chapter, you’ll typically discuss the intricate details of your study, but in your conclusion chapter, you’ll take a   broader perspective, reporting on the main research outcomes and how these addressed your research aim (or aims) .

A core function of the conclusion chapter is to synthesise all major points covered in your study and to tell the reader what they should take away from your work. Basically, you need to tell them what you found , why it’s valuable , how it can be applied , and what further research can be done.

Whatever you do, don’t just copy and paste what you’ve written in your discussion chapter! The conclusion chapter should not be a simple rehash of the discussion chapter. While the two chapters are similar, they have distinctly different functions.  

What should I include in the conclusion chapter?

To understand what needs to go into your conclusion chapter, it’s useful to understand what the chapter needs to achieve. In general, a good dissertation conclusion chapter should achieve the following:

• Summarise the key findings of the study
• Explicitly answer the research question(s) and address the research aims
• Inform the reader of the study’s main contributions
• Discuss any limitations or weaknesses of the study
• Present recommendations for future research

Therefore, your conclusion chapter needs to cover these core components. Importantly, you need to be careful not to include any new findings or data points. Your conclusion chapter should be based purely on data and analysis findings that you’ve already presented in the earlier chapters. If there’s a new point you want to introduce, you’ll need to go back to your results and discussion chapters to weave the foundation in there.

In many cases, readers will jump from the introduction chapter directly to the conclusions chapter to get a quick overview of the study’s purpose and key findings. Therefore, when you write up your conclusion chapter, it’s useful to assume that the reader hasn’t consumed the inner chapters of your dissertation or thesis. In other words, craft your conclusion chapter such that there’s a strong connection and smooth flow between the introduction and conclusion chapters, even though they’re on opposite ends of your document.

Need a helping hand?

How to write the conclusion chapter

Now that you have a clearer view of what the conclusion chapter is about, let’s break down the structure of this chapter so that you can get writing. Keep in mind that this is merely a typical structure – it’s not set in stone or universal. Some universities will prefer that you cover some of these points in the discussion chapter , or that you cover the points at different levels in different chapters.

Step 1: Craft a brief introduction section

As with all chapters in your dissertation or thesis, the conclusions chapter needs to start with a brief introduction. In this introductory section, you’ll want to tell the reader what they can expect to find in the chapter, and in what order . Here’s an example of what this might look like:

This chapter will conclude the study by summarising the key research findings in relation to the research aims and questions and discussing the value and contribution thereof. It will also review the limitations of the study and propose opportunities for future research.

Importantly, the objective here is just to give the reader a taste of what’s to come (a roadmap of sorts), not a summary of the chapter. So, keep it short and sweet – a paragraph or two should be ample.

Step 2: Discuss the overall findings in relation to the research aims

The next step in writing your conclusions chapter is to discuss the overall findings of your study , as they relate to the research aims and research questions . You would have likely covered similar ground in the discussion chapter, so it’s important to zoom out a little bit here and focus on the broader findings – specifically, how these help address the research aims .

In practical terms, it’s useful to start this section by reminding your reader of your research aims and research questions, so that the findings are well contextualised. In this section, phrases such as, “This study aimed to…” and “the results indicate that…” will likely come in handy. For example, you could say something like the following:

This study aimed to investigate the feeding habits of the naked mole-rat. The results indicate that naked mole rats feed on underground roots and tubers. Further findings show that these creatures eat only a part of the plant, leaving essential parts to ensure long-term food stability.

Be careful not to make overly bold claims here. Avoid claims such as “this study proves that” or “the findings disprove existing the existing theory”. It’s seldom the case that a single study can prove or disprove something. Typically, this is achieved by a broader body of research, not a single study – especially not a dissertation or thesis which will inherently have significant  limitations . We’ll discuss those limitations a little later.

Step 3: Discuss how your study contributes to the field

Next, you’ll need to discuss how your research has contributed to the field – both in terms of theory and practice . This involves talking about what you achieved in your study, highlighting why this is important and valuable, and how it can be used or applied.

In this section you’ll want to:

• Mention any research outputs created as a result of your study (e.g., articles, publications, etc.)
• Inform the reader on just how your research solves your research problem , and why that matters
• Reflect on gaps in the existing research and discuss how your study contributes towards addressing these gaps
• Discuss your study in relation to relevant theories . For example, does it confirm these theories or constructively challenge them?
• Discuss how your research findings can be applied in the real world . For example, what specific actions can practitioners take, based on your findings?

Be careful to strike a careful balance between being firm but humble in your arguments here. It’s unlikely that your one study will fundamentally change paradigms or shake up the discipline, so making claims to this effect will be frowned upon . At the same time though, you need to present your arguments with confidence, firmly asserting the contribution your research has made, however small that contribution may be. Simply put, you need to keep it balanced .

Step 4: Reflect on the limitations of your study

Now that you’ve pumped your research up, the next step is to critically reflect on the limitations and potential shortcomings of your study. You may have already covered this in the discussion chapter, depending on your university’s structural preferences, so be careful not to repeat yourself unnecessarily.

There are many potential limitations that can apply to any given study. Some common ones include:

• Sampling issues that reduce the generalisability of the findings (e.g., non-probability sampling )
• Insufficient sample size (e.g., not getting enough survey responses ) or limited data access
• Low-resolution data collection or analysis techniques
• Researcher bias or lack of experience
• Lack of access to research equipment
• Time constraints that limit the methodology (e.g. cross-sectional vs longitudinal time horizon)
• Budget constraints that limit various aspects of the study

Discussing the limitations of your research may feel self-defeating (no one wants to highlight their weaknesses, right), but it’s a critical component of high-quality research. It’s important to appreciate that all studies have limitations (even well-funded studies by expert researchers) – therefore acknowledging these limitations adds credibility to your research by showing that you understand the limitations of your research design .

That being said, keep an eye on your wording and make sure that you don’t undermine your research . It’s important to strike a balance between recognising the limitations, but also highlighting the value of your research despite those limitations. Show the reader that you understand the limitations, that these were justified given your constraints, and that you know how they can be improved upon – this will get you marks.

Next, you’ll need to make recommendations for future studies. This will largely be built on the limitations you just discussed. For example, if one of your study’s weaknesses was related to a specific data collection or analysis method, you can make a recommendation that future researchers undertake similar research using a more sophisticated method.

Another potential source of future research recommendations is any data points or analysis findings that were interesting or surprising , but not directly related to your study’s research aims and research questions. So, if you observed anything that “stood out” in your analysis, but you didn’t explore it in your discussion (due to a lack of relevance to your research aims), you can earmark that for further exploration in this section.

Essentially, this section is an opportunity to outline how other researchers can build on your study to take the research further and help develop the body of knowledge. So, think carefully about the new questions that your study has raised, and clearly outline these for future researchers to pick up on.

Step 6: Wrap up with a closing summary

Tips for a top-notch conclusion chapter

Now that we’ve covered the what , why and how of the conclusion chapter, here are some quick tips and suggestions to help you craft a rock-solid conclusion.

• Don’t ramble . The conclusion chapter usually consumes 5-7% of the total word count (although this will vary between universities), so you need to be concise. Edit this chapter thoroughly with a focus on brevity and clarity.
• Be very careful about the claims you make in terms of your study’s contribution. Nothing will make the marker’s eyes roll back faster than exaggerated or unfounded claims. Be humble but firm in your claim-making.
• Use clear and simple language that can be easily understood by an intelligent layman. Remember that not every reader will be an expert in your field, so it’s important to make your writing accessible. Bear in mind that no one knows your research better than you do, so it’s important to spell things out clearly for readers.

Hopefully, this post has given you some direction and confidence to take on the conclusion chapter of your dissertation or thesis with confidence. If you’re still feeling a little shaky and need a helping hand, consider booking a free initial consultation with a friendly Grad Coach to discuss how we can help you with hands-on, private coaching.

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This post was based on one of our popular Research Bootcamps . If you're working on a research project, you'll definitely want to check this out ...

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17 Comments

Really you team are doing great!

Your guide on writing the concluding chapter of a research is really informative especially to the beginners who really do not know where to start. Im now ready to start. Keep it up guys

Really your team are doing great!

Very helpful guidelines, timely saved. Thanks so much for the tips.

This post was very helpful and informative. Thank you team.

A very enjoyable, understandable and crisp presentation on how to write a conclusion chapter. I thoroughly enjoyed it. Thanks Jenna.

This was a very helpful article which really gave me practical pointers for my concluding chapter. Keep doing what you are doing! It meant a lot to me to be able to have this guide. Thank you so much.

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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.

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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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Legal Dissertation: Research and Writing Guide

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

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About This Page

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

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

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

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

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

Choosing a Topic

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Research Methodology

Types of research methodologies.

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

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

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

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

Comparative

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

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

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

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

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

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

Drafting The Methodology Section

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

Generally, a methodology section will contain the following:

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

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

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

Literature Review

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

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

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

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

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

Research Guides

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

Secondary Sources

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

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

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

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

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

Citation and Writing Style

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

Writing the Dissertation - Guides for Success: The Conclusion

• Writing the Dissertation Homepage
• Overview and Planning
• The Literature Review
• The Methodology
• The Results and Discussion
• The Conclusion
• The Abstract
• Getting Started
• Annotated Example
• What to Avoid

Overview of writing the dissertation conclusion

The conclusion is the final chapter of the dissertation. It serves to reinforce your main argument and findings, before considering the wider implications of your research. Along with the introduction, it’s often the shortest chapter in a dissertation, but it is a chapter in its own right and should be given due care and attention.

Even so, the conclusion of a dissertation is sometimes hastily thrown together, culminating in a perfunctory and uninspiring end to such a substantial piece of work. Just like how nobody likes a bad ending to a movie, you want your conclusion to be an accurate and positive reflection of your dissertation that leaves your reader with a clear and satisfying end to the work.

Disciplinary differences

Please note: this guide is not specific to any one discipline. The conclusion can vary depending on the nature of the research and the expectations of the school or department, so please adapt the following advice to meet the demands of your project and department. Consult your supervisor for further guidance.

Guide contents

As part of the Writing the Dissertation series, this guide covers the essentials of writing a strong conclusion, giving you the necessary knowledge, tips and guidance needed to leave a positive impression on your markers! Here’s what to expect:

• Getting Started  - Defines the overarching purpose of the conclusion.
• Structure  - Breaks down the conclusion's 'narrow to broad' structure in two main parts.
• Annotated Example - Provides a sample conclusion with notes to highlight the strategies the writer uses.
• What to Avoid  - Covers a few frequent mistakes you'll want to...avoid!
• FAQs  - Guidance on first- vs. third-person, use of secondary literature and more.
• Checklist  - Includes a summary of key points and a self-evaluation checklist.

Training and tools

• The Academic Skills team has recorded a Writing the Dissertation workshop series to help you with each section of a standard dissertation, including a video on writing the dissertation conclusion  (embedded below).
• The dissertation planner tool can help you think through the timeline for planning, research, drafting and editing.
• iSolutions offers training and a Word template to help you digitally format and structure your dissertation.

What is the conclusion?

The conclusion isn’t simply a brief recap of your previous chapters. Instead, the conclusion revisits your primary research purpose – your research question(s) and/or hypotheses – and summarises and synthesises the main research findings, or areas of discussion, to reinforce how your dissertation responds to that purpose: how does it answer question X or prove argument Y to be correct?

The conclusion then moves beyond the immediate confines of your research to engage with the wider impact and relevance of your work. That is to say, you feed the work you have completed back into the wider context to emphasise how your research has advanced our understanding of this area. This is your final opportunity to leave a positive and lasting impression on your reader, so it’s important that your conclusion captures the essential information in your dissertation and emphasises its value in the relevant profession or field of research.

Structuring a conclusion

Whilst the conclusion of a dissertation is a chapter in its own right, it’s important to consider the role that the conclusion plays in the entire structure of your dissertation. You might recognise the shape below – what is sometimes called an ‘hourglass’ structure. This represents a typical structure for an essay or dissertation. Below, we'll explore what this shape suggests about earlier sections of the dissertation as well as the conclusion.

Figure 1: The ‘hourglass’ shape that symbolises the broad-to-narrow, then narrow-to-broad structure of a dissertation, and academic writing in general.

Introduction and literature review

• Broad to narrow – eases the reader into the discussion by introducing them to the broad situation within which your research sits.
• Narrows the focus through the literature review whilst maintaining a direct interest in the wider research context.
• Arrives at a narrow focus towards the end by clearly stating what your focus is, what research problem you are going to address, how you are going to address that problem and what your argument and findings are.

Main body (methodology, results and discussion)

• Narrow focus – provides the finer details of your dissertation by isolating particular aspects to discuss and scrutinise, such as the details of how your study was designed.
• Driven by the results of your study, with secondary material used to contextualise the meaning and significance of your findings.
• Narrow to broad – reinforces your main argument and findings, then...
• Broadens out by considering the wider implications of your work for the relevant profession or field of research.

A structure in two main parts

We’re going to break the conclusion down into two main parts:

1) A summary and synthesis of your main findings or discussion points that directly respond to, and address, your research question(s) and/or hypotheses. For this reason, it’s often useful to start by briefly repeating the research problem you’ve addressed. This constitutes the narrow part of the conclusion.

2) Engagement with the impact and relevance of your research to the wider, relevant context . This constitutes the broader part of the conclusion.

Let’s look at both in more detail.

Summary and synthesis

To write an effective conclusion for your dissertation, you need to do more than simply repeat the main points and findings of your research. Instead, you need to summarise and synthesise (definition below) your main findings and points of discussion, forming a cohesive picture for your reader that brings the different elements of your research together. This helps your reader to understand how you have reached a certain answer, or why you think your argument is correct.

It’s often useful to start with a brief recap of the research problem before stating how your dissertation has responded, in some way, to this problem by synthesising the main findings and discussion points. For example:

Despite extensive research on the application of tool X, this dissertation has noted an absence of rigorous research on how this tool can be applied to demographic Y. Considerable research demonstrates the strengths and weaknesses of applying this tool when working with various demographics, particularly A and B, but the different demands associated with demographic Y restrict the suitability of these findings for this age group. In response, this dissertation has…

Following this, you need to outline how your dissertation has responded to this problem by summarising and synthesising your main findings and/or discussion points and reinforcing your main argument. Try summarising every one of your main findings or discussion points – keep it brief (one or two sentences) – and then, where possible, try and condense and connect this information to form a brief portrait of your dissertation. See ' Annotated example' for more on this.

Wider, relevant context

Once you have reinforced your research focus and your argument by summarising and synthesising your main findings, you need to relate your research to a wider, relevant context . This might include:

‘Returning’ to the introduction

As stated earlier, you conclusion shares a close relationship with your introduction with both acting as bookends that frame your entire dissertation – like the first scene and last scene of a film. For this reason, you need to return back to your introduction by revisiting the broad, but relative, themes that opened your dissertation as a way of contextualising your argument and results.

Ask yourself the question, ‘What do we now know that we didn’t at the start?’ The argument and findings won’t be a revelation to your reader, but framing them in this slightly broader context helps to reinforce the significance and contribution of your work. This brings your work ‘full circle’ and creates a neat symmetry to your work – a narrative thread for your reader to follow.

Recommendations for future research

Where necessary, it’s a good idea to include some suggestions for relevant future research that you think will help to further advance our knowledge of the research area. Don’t commit too many words to this. You simply need to state what contributions to the research field might be worth pursuing in the future and how this might further enrich our understanding of the topic. This serves to emphasise that your work is part of an evolving landscape of research, thus engaging with the wider context. This can often feature in the discussion chapter, rather than the conclusion (see our Writing the Results and Discussion guide for more).

Recommendations for practitioners

Depending on the nature of your research, it might be necessary to suggest some recommendations for relevant professionals and industry practitioners based on your findings. Remember these are only recommendations, and they must be consistent with your findings. Briefly mention how each recommendation would serve to address and, potentially, solve a problem faced by professionals. This helps your reader to understand the real-world implications and relevance of your work. Like recommendations for future research, this can often feature in the discussion. Consult your supervisor for discipline-specific guidance.

Annotated example

Take a look at this annotated example to see how the structural components discussed in the 'Structure' tab fit together to form a conclusion. This is only a short example, and your conclusion might be longer and slightly more detailed, but this gives you an idea of the flow and structure.

By focussing on the Arab Spring uprising, this dissertation has demonstrated the ways in which social media animates forms of civil empowerment through collective political action. Whilst other examples could have been used, this dissertation has highlighted how participants in the Arab Spring coordinated a strategic network of communication, drawing on Facebook, Twitter and YouTube in both distinct and interrelated ways. By adopting social media in such a way, the Arab Spring not only demonstrates that social media can have a profound impact on forms of civil empowerment, but can also become a powerful political tool when deployed in a strategic and coordinated manner.

As outlined in Chapter 3: Methodology and Chapter 4: Results, this study collected quantitative data, such as the number of likes, retweets and views, to measure the reach of social media interactions on the Arab Spring uprising during a three month period. Qualitative data was also collected through the language and rhetoric employed by citizens posting comments, and the content of videos posted on the social media sites in question. This mixed-methods approach, along with the focus on three social media platforms, provided a triangulation of data that strengthened the depth of the research and allowed for a more nuanced portrait of how social media, when deployed in a coordinated way for a particular event, forms an interconnected network of channels through which information can flow freely. As evidenced by the quantitative data, with posts and retweets reaching their millions, the use of social media had a cumulative power with the Arab Spring by spreading the civil unrest and galvanising support for the cause.

Whilst the Arab Spring only represents one case of the relationship between social media and civil empowerment, this case study shows how the Arab Spring played an influential role in the mobilisation of the hashtag movement and the digitisation of civil activism. This is most clearly exemplified by the Me Too movement, supporting the fight against sexual harassment and assault, and Black Lives Matter, fighting against the racial oppression of black people. In examining the role of social media on these and other such cases of civil activism, perhaps a systematic comparison between social media and traditional forms of media, such as newspapers, would provide further opportunities to assess the relationship between social media and social activism.

Future research should also further explore the tension between social media and political censorship. Indeed, despite social media’s obvious potential as a tool for civil empowerment, Chapter Five: Discussion also pointed to the dangers of how oppressive governments can respond to the apparent threat of civil activism through aggressive forms of censorship. Moving forward, social media platforms must defend the freedom of its users to engage in socially active ways, and understanding the intersection between social media and political censorship is crucial to defending this freedom. Only by preserving this freedom can social media, and the internet in general, continue to realise its primary function as an open sources of communication that evades the restrictive censorship of traditional gatekeepers.

What to avoid

This portion of the guide will cover some common missteps you should try to avoid in writing your conclusion.

Excessive detail

The conclusion isn’t the place to repeat detailed statistics or retrace the finer nuances of an argument. You simply need to reinforce the main findings and the essential information in your dissertation. Only you can determine what you think is a necessary level of detail in your conclusion, but look at the following two examples as a guide:

• Excessive:  The results showed a considerable increase from Sample A to Sample E. As expected, Sample A started low with only 6 per cent. Sample B then showed an increase of 20 per cent, with Sample C then reaching 36 per cent to show a further increase of 16 per cent. Sample D furthered this trend, reaching 59 per cent. Sample E then reached 82 per cent, showing a 23 per cent increase from the previous sample.
• Improved: The results showed a considerable increase of 76 per cent from Sample A (6 per cent) to Sample E (82 per cent) with samples C to D and samples D to E both showing the largest increase of the study with a 23 per cent rise.

New information

You should avoid presenting any new information, such as primary data or theories, when writing your conclusion. Any primary or secondary material you deem important enough to state in the conclusion (although avoid excessive detail as stated above) should be evident in your results and/or discussion chapters.

'In conclusion...'

Whilst it might seem logical to start your conclusion with ‘In conclusion’, it’s best to avoid this. It’s not strictly wrong to start with ‘In conclusion’, ‘To summarise’, or some other variation of such phrases, but it reflects a somewhat lazy and clichéd approach given its excessive use.

The start of your conclusion should be obvious for two main reasons. Firstly, the chapter heading ‘Conclusion’ serves as a clear indication to your reader! Secondly, your conclusion should signal a rhetorical shift in your writing to a more reflective register. For example:

This dissertation has considered the complex ways in which…

The use of the present perfect tense here signals this shift to a reflective register.

Don’t state your core argument and main observations for the first time in the conclusion chapter. This is sometimes mistakenly employed as a way of maintaining a sense of mystery before the grand reveal at the end – like the dramatic third act of a play or the final twist in a film. Academic writing is not driven by the same intrigue as narrative storytelling. Instead, the ‘end’ or conclusion in a dissertation or written assignment should be clearly signposted early on – the abstract and the introduction – as a way of focusing the reader’s attention.

Q: How long should the conclusion be?

A: Roughly 5-10% of the dissertation’s word count (usually nearer the 5% end). So, for a 10,000 word dissertation, you should aim for anything between 500 words to 1,000. You should, however, be flexible with this. As always, it depends on the nature of your dissertation and the expected conventions in your department or school. It’s always worth seeking advice from your supervisor, but it’s safe to say that – along with the introduction (again dependent on the nature of the dissertation) – it’s often the shortest chapter in the dissertation.

Q: Should the conclusion include references to secondary literature?

A: Yes, but only when necessary. As noted in ' What to avoid' , you shouldn’t be bringing in new data, theories or information, which means you will likely revisit previously discussed work in light of your own findings and argument. Although you have already mentioned and cited the original work, it’s good practice to cite them again. This is also imperative in cases where you have cited more than one piece of work from the same author or authors. So, for example:

These findings support the work of Jones (2010) in which X and Y were both seen to…

Q: Should the conclusion be in the first-person or third?

A: It depends what you’ve been using throughout your dissertation – it’s important to be consistent. Typically, third-person is used in academic writing, although first-person is accepted in some disciplines. For instance, certain genres, such as reflective writing, demand the first-person. Consult your supervisor for further guidance.

The conclusion is your final chance to leave a positive impression on your reader, so it’s important that you conclude in a clear and engaging manner. Rather than simply repeating the main content from your previous chapters, you should be summarising and synthesising your main findings and discussion points and bringing them together to reinforce your central argument and respond to any research questions or hypotheses you have. You should then engage with the wider, relevant context by returning back to where you started in your introductory chapter to answer and consider the question,  ‘What do we now know that we didn’t before?’

Here’s a final checklist for writing an effective conclusion. Remember that not all of these points will be relevant for your conclusion, so make sure you cover whatever’s appropriate for your dissertation. The asterisk (*) indicates any content that might not be relevant for your dissertation. To save your own copy of the checklist to edit, please use the Word document, below.

• Conclusion self-evaluation checklist

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• Last Updated: Apr 19, 2024 12:38 PM
• URL: https://library.soton.ac.uk/writing_the_dissertation

• How it works

How to Write a Dissertation Conclusion – Example & Tips

Published by Jamie Walker at August 13th, 2021 , Revised On August 22, 2023

It is imperative for students to understand how to  write a dissertation  conclusion in order to achieve the highest grade in their dissertation project.

The concluding chapter of the dissertation should be appealing to the readers and give an accurate but concise review of what your research revolves around with special emphasis on the outcomes  and recommendations that you have derived from your research study.

The illustration below provides an insight into  how a first-class dissertation is structured , and we will now look in complete detail over how to manage the conclusion chapter of your dissertation.

The conclusion of a dissertation or thesis generally connects the beginning of your research ( introduction ,  research problem ,  research questions ) to the findings and implications of your research.

You must relate to the major  findings of your research  and answer the research questions that your study raised. There is no need to hesitate to state the limitations of research because it is natural that your research will have some limitations rather than none.

Writing a dissertation conclusion is, perhaps, the most critical aspect of your research work which is why it is vitally important to not miss out on the key elements surrounding a great dissertation conclusion.

Dissertation Conclusion Guidelines

Dissertation conclusion is a core element of your dissertation or thesis paper which is why you will be required to follow a specific set of guidelines in order to showcase the findings of your study in a logical manner.

How to Start a Dissertation Conclusion

Always write your conclusion in clear and simple language.  Before starting to write the conclusion chapter, it is important that students become familiar with the assessment criteria and expected outcomes in order to avoid complexities at a later stage.

The aim of a dissertation conclusion is to provide a brief overview of the main research work so the readers can figure out how your research study will add value to the existing literature.

Moreover, recommendations for future research and practitioners should also be provided in this section.

Difference between Conclusion & Discussion

The contents of the  discussion  and conclusion chapters are similar, and they are typically grouped together in journal articles and scientific papers.

Depending on your academic institute and the subject of your degree program, you could be asked to put discussion and conclusion together under the same chapter in your dissertation or thesis paper.

However, typically in a  dissertation or thesis paper , it is common to have a separate chapter for the conclusion to briefly state answers for all research questions, and summarise and reflect on the research.

The conclusion chapter is considerably shorter in length than the discussion. Here you will be expected to provide general statements to give readers a final impression of your research.

On the other hand, in the discussion chapter of a dissertation , the author states the major findings, and their interpretations and implications.

Do not introduce any new information, arguments, meanings, and interpretations in the conclusion chapter.

Does your Dissertation Have the Following?

• Great Research/Sources
• Perfect Language
• Accurate Sources

If not, we can help. Our panel of experts makes sure to keep the 3 pillars of the Dissertation strong.

What to Write in a Conclusion

An important question that one must address before writing a dissertation conclusion is what to write in a conclusion?

In the best case scenario, you will summarise the findings of your entire research in a comprehensive manner, but at the same time ensure that you are not just restating the points covered in the main body.

The purpose here is to present a synthesis of the major points covered which is why it is advised not to include any new ideas relating to your research at this point.

Methodology in a dissertation  can be a taxing and time consuming matter because a large chunk of your research is based on the methods you have adopted.

Essentially, the methodology should relate to the literature you have reviewed and provide academic justification to your  choice of research methods  – be it quantitative, qualitative or a mix of both.

Students must make sure that they shed adequate light on the methodology part in their dissertation conclusion.

It is essential to keep the dissertation conclusion concise and to the point rather than going into unnecessary details which would rather be a part of the main body.

Writing a dissertation conclusion is not a strenuous task if you stick to the fact that your goal here is to provide insight, evaluations and implications of your research study.

Structuring a Dissertation Conclusion

While writing a dissertation conclusion, you must be particular about the fact that it gives reflection of a cohesive argument and supports the points you have covered in the main body.

Your conclusion should depict the importance of why you chose this  specific research topic  and the impact your study will have on the society.

Providing solutions to the problems you have identified and predicting what might happen in the near future leaves a very good impression on the readers, and some of them might well be inclined to consider your argument long after.

When pondering over how to write a dissertation conclusion, it is important to relate your ideas with academics who are closely followed by your supervisor.

Although the dissertation belongs to you and you have the full right to express your own views where appropriate, there is absolutely no harm in slightly aligning your views with other researchers in order to achieve a good score.

Dissertation Conclusion Limitations

Every dissertation is likely to suffer from limitations which is precisely the reason why students must acknowledge and appropriately address them.

Limitations is an integral part of your dissertation conclusion because it will also help your readers to  understand your research design and philosophical approach .

This brief segment reflects upon the importance of the inherent limitations been identified; the reasons behind your choice of methods; and possible ways to counter the limitations.

It is recommended never to hide the limitations associated with your research, because your tutor will probably have years of experience with  different methods of research  and they will figure out these limitations even if you have not specifically discussed them.

Simply highlighting the dissertation limitations is not a very good idea because every research limitation must accompany ways in which it can be combated. Dissertation limitations can be methodological or conceptual.

It is necessary to briefly touch upon both types of limitations so your supervisor can figure out what part of your research was stalled by lack of data, cultural biases, sampling etc.

This section of the dissertation conclusion chapter is generally based on a world count – 200-500 words so it is appropriate to discuss only the most significant limitations of your study.

Dissertation Conclusion Length

Another important question that you might want to address in the final phase of your research work is how long should dissertation conclusion be? The length of a dissertation conclusion is in direct correlation with the length of the full dissertation paper.

On a simple basis the longer or more detailed your research is, the longer the conclusion it will have, and vice versa. The length will often depend on the writer’s personal judgement and making a call on such a matter might well turn out to be the difference between an ordinary and  professional dissertation writer.

The length of a dissertation conclusion chapter is generally 5-7% of the total dissertation word count.

Addressing Research Questions in Dissertation Conclusion

Make sure that you start your conclusion chapter by directly addressing the  research questions  or the  research problem  that your dissertation or thesis intended to address.

Conclusion chapter gives you the final chance to demonstrate to your readers that your research achieved what was aimed at the beginning of the research.

Provide a clear, concise and to the point answer to your research questions. You are not expected to repeat what you have already said in the discussion part of the paper, rather turn readers’ attentions towards a final outcome.

Dissertation Conclusion Example

No matter how much you dig into the details of writing a conclusion for your dissertation, it is always nice to have a look at a full-fledged example for guidance purposes. The graphic below gives a summarised view of what is to be written in a dissertation conclusion.

Here is an example of how to write a dissertation conclusion to help you better understand.

How to Write Dissertation Conclusion Example

Here is a dissertation conclusion example of a dissertation that aimed to test a theoretical argument based on an analysis of a case study; Proposed anaerobic digestion plant in Tripoli.

Chapter 5 – Dissertation Conclusion 5.1 Background This chapter highlights the crux of the study by briefly describing objectives and literature survey. The feasibility of the proposed plant is then discussed, leading to the study’s limitations and difficulties. In the end, some recommendations for future work are provided in brief. Some suggestions to improve and highlight the renewable energy generation techniques are also part of the chapter. 5.2 Literature Review, Survey and Interviews A Valora process AD plant, with a capacity of 0.8 tones of food waste per day, is proposed to be established in the city of Tripoli. This plant can assist the national grid in meeting the rising demands of electricity in Tripoli and on the outskirts. Public opinion about establishing such a plant is taken by conducting a survey. The survey results suggest that the people of Tripoli understand the need for a WTE plant and ensure their cooperation for the separate household food waste if provided with the containers by the municipal authorities. The food waste to energy generation plant provides a solution for both household food waste management in Tripoli and generating an adequate amount of electricity to meet the rising demand. An informal session of interviews has been conducted with the experts from the Energy Agency of Libya. The opinion and observation-based data collection are done in order to opt for the interpretive approach of research adequately. All five respondents recommended the idea of establishing an AD plant in Tripoli-Libya. Their comments and suggestions have also validated the plant location selected in the research as an appropriate location for establishing a plant. The idea of energy generation using sustainable methods is the main point they’ve endorsed. The research provides the solution for both; waste management in Tripoli and the introduction of sustainable energy generation methods in Libya. 5.3 Feasibility of the Proposed System A detailed, feasibly study was conducted, including technical details such as the amount of biogas generation, plant type, equipment sizing, and proposed location for the plant. Initial finances, operation and management costs of the proposed AD plant are estimated in the financial analysis of the proposed plant. Life cycle assessment is compared with food waste management to evaluate the environmental effects of the plant. The analysis suggests that the proposed AD plant is economically, technically and ecologically feasible to establish on 3rd Ring Road in Tripoli. 5.4 Limitations and Difficulties Some of the limitations and difficulties involved in the process of digestion or establishing a digestion plant are listed as follows; 1. Since many WTE technologies are designed to handle mixed-type food waste such as solid waste and municipal waste etc. Running the plant with specifically food waste is difficult as food waste makes comparatively less amount than MSW as a whole. 2. Some other WTE challenges include high capital cost, waste-gas cleanup, regulatory hurdles, and conversion efficiency. 3. Since domestic utilization of generated electricity is a primary objective, and it adds a limitation where even distribution of electricity distribution in domestic buildings is not possible if the plant is located outside the residential area. This issue can be resolved by centralizing a substation for the proper transmission and distribution. 4. Since the accuracy of the estimated analysis depends entirely on the data, and missing fields affect the accuracy of the estimations. 5. Since the survey is conducted among non-technical people and represents their views, no primary data is available that accurately estimates the energy generation from the amount of food or biogas generation. The calculations of estimation of biogas yield and energy generation are based on the equations taken from secondary resources thus can be erroneous. 5.5 Future Work This study is conducted to evaluate the effectiveness of establishing a large-scale plant to provide an alternative and renewable energy solution. The whole idea is applicable and implementable in the proposed area. Instead, in the future, the idea can be evaluated for the individual high-rise buildings to make them self-sufficient in energy demand and supply and to reduce the load on the national electricity grid. A cross-national study involving cost-benefit analysis of family-sized digesters in Tripoli is yet to analyze in order to predict the future of biogas technology in Libya. Information about government subsidies on renewable energy generation plants in Tripoli is important but unknown yet. This study revolves around the utilization of food waste collected from residential buildings only. Although hotels, restaurants, and canteens can also provide a considerably high amount of food waste and it is relatively easy for them to collect it separately. Thus further work can be based on the food waste collection from the food consumption areas. It is important to remember that there is no need to restate the research objectives in conclusion. Your statements should incorporate answers to research questions without you having to repeat those questions. Here is another example of dissertation conclusion.

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Summarising and Reflecting on Research

As mentioned before, the conclusion chapter gives you that final opportunity to restate what your research study intended to achieve, what approach you took in the process, where  findings  you came up as a result of your study, and whether or not they were according to your expectations. In short, a conclusion section needs to provide an overview of the building blocks of your research.

It is common to use a reflective style of writing here, rather than simply restating what you have already written in the previous chapters. This approach will also help you to avoid repetition.

For example, if there were limitations of your chosen research methodology then you might want to briefly state whether or not that could have influenced the results of your research study. You can also highlight any new insights that you recorded during the process.

Focus more on the positives of your study although you will be expected to concisely state the limitations of your research as well.

The research approach employed for this research study provided new insight into B even though it limited the generalizability of findings.

Recommendations for Future in Conclusion Chapter

Although it is common to provide recommendations for future research work in the discussion chapter, it will be a good idea to provide an overview of those endorsements in the conclusion chapter with a focus on the practical and theoretical consequences of your results.

Practitioners should consider A and B based on these conclusions….Further research needs to be conducted for better understanding in regards to the implications of these findings….The effects of the relationship between A and B are still unclear, and so further research must be conducted…

Research pertaining to a dissertation or thesis is usually expected to discover, enlighten, and educate rather than frame the results as essentials for practitioners and policymakers.

Any recommendations related to business, application, and strategy should be presented as propositions to avoid overstating the appositeness of your work.

Never undermine your research work when making propositions for future research. Your work should be recognized as complete, thorough, and reliable without the need for further research to confirm your conclusions.

Stress the Importance of Your Research in Conclusion

You don’t want your readers to leave with the impression that your work did not make a valuable contribution to the existing knowledge in your area of study. Here are some ideas to demonstrate how this is done;

• Referring back to the problem statement to help readers understand how your work addresses the research problem originally identified.
• Elaborate how your results validated or tested an existing hypothesis or theory.
• Stating how your research was able to fill a certain gap in existing knowledge as pointed out in the literature review.

Again, it is recommended to avoid repetition. You do not want to reiterate what you have already discussed in the previous chapter.

Dissertation Conclusion Help from Experts

Writing a dissertation is no mean feat because it requires complete dedication and attention to detail in order to secure a good grade.

Even the very first part of your dissertation – topic selection can become a cumbersome task because of the  need to select a topic with a sufficient amount of literature available on it.

Despite putting in a lot of effort, you might still end up with a grade that is well below your own expectations which is why it is sometimes better off to approach professionals providing dissertation writing services so that the complexities surrounding a top-quality dissertation are handled by people with specialized skill set.

As we approach the conclusion of this piece, it should be clear by now as to what students are expected to do in the final phase of their dissertations. In short, they should have a clear idea about  how to write a dissertation conclusion .

Finally, it is important not to let yourself down by writing a mediocre conclusion and consequently lose crucial marks. The hard part of your dissertation is already completed so it is worthwhile to put in a concentrated effort to end on a high and impress your supervisor.

Struggling with any Chapter of your Dissertation?

Whether it is your dissertation introduction, literature review, methodology, conclusion or any other chapter, our expert dissertation writers can help you succeed. With our dissertation chapter writing service, you can be confident of having your individual chapters completed to your school’s exact guidelines. Click here to learn more about our dissertation chapter writing service. Find out how our dissertation services can help you.

Frequently Asked Questions

How many pages is a dissertation conclusion.

The length of a dissertation conclusion varies but is typically around 1 to 2 pages. It succinctly summarizes key findings, discusses implications, and restates the significance of the study, providing a resolution to the research.

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When writing your dissertation, an abstract serves as a deal maker or breaker. It can either motivate your readers to continue reading or discourage them.

Appendices or Appendixes are used to provide additional date related to your dissertation research project. Here we explain what is appendix in dissertation

If your dissertation includes many abbreviations, it would make sense to define all these abbreviations in a list of abbreviations in alphabetical order.

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How to write an excellent thesis conclusion [with examples]

Restate the thesis

Review or reiterate key points of your work, explain why your work is relevant, a take-away for the reader, more resources on writing thesis conclusions, frequently asked questions about writing an excellent thesis conclusion, related articles.

At this point in your writing, you have most likely finished your introduction and the body of your thesis, dissertation, or research paper . While this is a reason to celebrate, you should not underestimate the importance of your conclusion. The conclusion is the last thing that your reader will see, so it should be memorable.

A good conclusion will review the key points of the thesis and explain to the reader why the information is relevant, applicable, or related to the world as a whole. Make sure to dedicate enough of your writing time to the conclusion and do not put it off until the very last minute.

This article provides an effective technique for writing a conclusion adapted from Erika Eby’s The College Student's Guide to Writing a Good Research Paper: 101 Easy Tips & Tricks to Make Your Work Stand Out .

While the thesis introduction starts out with broad statements about the topic, and then narrows it down to the thesis statement , a thesis conclusion does the same in the opposite order.

• Restate the thesis.
• Review or reiterate key points of your work.
• Explain why your work is relevant.
• Include a core take-away message for the reader.

Tip: Don’t just copy and paste your thesis into your conclusion. Restate it in different words.

The best way to start a conclusion is simply by restating the thesis statement. That does not mean just copying and pasting it from the introduction, but putting it into different words.

You will need to change the structure and wording of it to avoid sounding repetitive. Also, be firm in your conclusion just as you were in the introduction. Try to avoid sounding apologetic by using phrases like "This paper has tried to show..."

The conclusion should address all the same parts as the thesis while making it clear that the reader has reached the end. You are telling the reader that your research is finished and what your findings are.

I have argued throughout this work that the point of critical mass for biopolitical immunity occurred during the Romantic period because of that era's unique combination of post-revolutionary politics and innovations in smallpox prevention. In particular, I demonstrated that the French Revolution and the discovery of vaccination in the 1790s triggered a reconsideration of the relationship between bodies and the state.

Tip: Try to reiterate points from your introduction in your thesis conclusion.

The next step is to review the main points of the thesis as a whole. Look back at the body of of your project and make a note of the key ideas. You can reword these ideas the same way you reworded your thesis statement and then incorporate that into the conclusion.

You can also repeat striking quotations or statistics, but do not use more than two. As the conclusion represents your own closing thoughts on the topic , it should mainly consist of your own words.

In addition, conclusions can contain recommendations to the reader or relevant questions that further the thesis. You should ask yourself:

• What you would ideally like to see your readers do in reaction to your paper?
• Do you want them to take a certain action or investigate further?
• Is there a bigger issue that your paper wants to draw attention to?

Also, try to reference your introduction in your conclusion. You have already taken a first step by restating your thesis. Now, check whether there are other key words, phrases or ideas that are mentioned in your introduction that fit into your conclusion. Connecting the introduction to the conclusion in this way will help readers feel satisfied.

I explored how Mary Wollstonecraft, in both her fiction and political writings, envisions an ideal medico-political state, and how other writers like William Wordsworth and Mary Shelley increasingly imagined the body politic literally, as an incorporated political collective made up of bodies whose immunity to political and medical ills was essential to a healthy state.

Tip: Make sure to explain why your thesis is relevant to your field of research.

Although you can encourage readers to question their opinions and reflect on your topic, do not leave loose ends. You should provide a sense of resolution and make sure your conclusion wraps up your argument. Make sure you explain why your thesis is relevant to your field of research and how your research intervenes within, or substantially revises, existing scholarly debates.

This project challenged conventional ideas about the relationship among Romanticism, medicine, and politics by reading the unfolding of Romantic literature and biopolitical immunity as mutual, co-productive processes. In doing so, this thesis revises the ways in which biopolitics has been theorized by insisting on the inherent connections between Romantic literature and the forms of biopower that characterize early modernity.

Tip: If you began your thesis with an anecdote or historical example, you may want to return to that in your conclusion.

End your conclusion with something memorable, such as:

• a call to action
• a recommendation
• a gesture towards future research
• a brief explanation of how the problem or idea you covered remains relevant

Ultimately, you want readers to feel more informed, or ready to act, as they read your conclusion.

Yet, the Romantic period is only the beginning of modern thought on immunity and biopolitics. Victorian writers, doctors, and politicians upheld the Romantic idea that a "healthy state" was a literal condition that could be achieved by combining politics and medicine, but augmented that idea through legislation and widespread public health measures. While many nineteenth-century efforts to improve citizens' health were successful, the fight against disease ultimately changed course in the twentieth century as global immunological threats such as SARS occupied public consciousness. Indeed, as subsequent public health events make apparent, biopolitical immunity persists as a viable concept for thinking about the relationship between medicine and politics in modernity.

Need more advice? Read our 5 additional tips on how to write a good thesis conclusion.

The conclusion is the last thing that your reader will see, so it should be memorable. To write a great thesis conclusion you should:

The basic content of a conclusion is to review the main points from the paper. This part represents your own closing thoughts on the topic. It should mainly consist of the outcome of the research in your own words.

The length of the conclusion will depend on the length of the whole thesis. Usually, a conclusion should be around 5-7% of the overall word count.

End your conclusion with something memorable, such as a question, warning, or call to action. Depending on the topic, you can also end with a recommendation.

In Open Access: Theses and Dissertations you can find thousands of completed works. Take a look at any of the theses or dissertations for real-life examples of conclusions that were already approved.

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How to Write a Dissertation or Thesis Conclusion: Guide & Examples

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A dissertation conclusion serves as the final chapter and is often the last thing the reader will see. It should provide a concise summary of the research project, including the research questions or hypotheses, the methods used to conduct the research, and the key findings and conclusions. The conclusion section should also discuss the implications of the research, including its significance for the field and any practical applications of the findings.

Are you a PhD, doctorate, or bachelor student looking forward to writing your dissertation/thesis conclusion and don't know where to start? Stop worrying — help is here. Continue reading this blog post to gain an idea on how to write a conclusion for a thesis or dissertation. In this article, we will discuss what a dissertation conclusion is, its length, and what it should include. Our dissertation services  also provided examples, and explained some typical mistakes you have to avoid.

What Is a Dissertation Conclusion?

So, what is a thesis conclusion? It is a concluding chapter in a dissertation or thesis paper. It is the last section of an academic work, carefully written to summarize the information discussed in a document and offer readers insight into what the research has achieved. Your dissertation or thesis conclusion should be well-drafted as it is a reference point that people will remember most. The purpose of dissertation conclusion is to give those reading a sense of closure and reiterate any critical issues discussed. Each conclusion for dissertation should be concise, clear, and definitive. Also, its aim is to offer recommendations for further investigation as well as give readers an understanding of the dissertation discussion chapter .

Thesis or Dissertation Conclusion Length

The conclusion of a thesis or a dissertation is a long chapter — not one single sentence but a whole page or more. Generally, it should be 5–7% of the overall word count. The length of a thesis or dissertation conclusion chapter depends on several factors, such as your academic field, research topic , and stated number of pages. However, it can vary depending on other circumstances. Indeed, you should always refer to each set of your university guidelines for writing conclusions. It's important to note that this section ought not to introduce any new information and be a summary of the research findings. Also, every dissertation conclusion must not be too long as it can distract from other aspects of your thesis. Make sure that you provide a balanced summary and avoid repeating yourself. Lastly, it has to be long enough to discuss its implications for future studies.

What to Include in the Conclusion of a Dissertation or Thesis?

Writing a thesis conclusion can be challenging, but every student needs to understand how to create it, as this is one of the most critical parts of your Ph.D. work. Below is the list of things every dissertation conclusion structure should include:

• Summary of the major findings of your research Summarize the main points discussed in your work.
• Implications of your research Discuss your study's implications for future research and academic fields. Doing this here is essential to indicate an author's transparency and willingness to accept the flaws of their report.
• Recommendations for further study Provide suggestions for the next investigation if needed.
• Reviewing any limitations and weaknesses of the research process and findings It is an integral part of dissertation conclusions as it allows authors to reflect on the process.
• Evaluation or analysis of your findings Analyze your research findings and provide an assessment.
• Conclusion statement Provide a specific conclusion that summarizes your thesis or dissertation.

Hopefully, these tips on writing a conclusion chapter for your thesis or dissertation will help you finish your work confidently. All these components should be present when writing a conclusion for thesis or dissertation. Additionally, ensure that you do not repeat yourself. Lastly, keep your length appropriate and based on your university guidelines.

How to Write a Dissertation Conclusion Chapter?

When writing this chapter, you should ensure its content is clear and concise. Equipping yourself with some knowledge of how to write a conclusion for a dissertation or thesis is imperative, as it will help you keep your piece organized, logical, and interesting. This chapter is the last part of your work that your professors or readers will read, and it should make a lasting impression on them. Below is a step-by-step instruction on how to write a dissertation conclusion section.

1. Restate Your Research Question and Answer It

While writing a dissertation conclusion, your first step is to restate the research question offered in your dissertation introduction and reveal the answer. It is essential to do this in your conclusion in thesis or dissertation because it helps readers be aware of every primary point you were trying to achieve in writing. In addition, restating available research questions in your conclusion in a dissertation or thesis will also make people understand the significance of your inquiry. In other words, it should remind people of the original purpose of writing. Provide further insights into a topic when answering each research question. In addition, responses must be related to your dissertation results section and offer evidence for any conclusions you made in your study. When writing a dissertation conclusion chapter, you ought to be able to give a meaningful response to the study question that adds value to your work. Keeping replies short, concise, and clear will help you to avoid writing irrelevant content. Below is an example of how to start a dissertation conclusion:

2. Summarize Key Points

The next element in your conclusion section is summarizing the main points of your dissertation. In this section, students need to reflect on their study and mention critical findings and the methodology's effectiveness. Straightforwardly compose your summary and ensure you use your own words to write a conclusion in a dissertation. Avoid copying and pasting sentences from other parts of your work to evade plagiarism and repetition. In concluding a dissertation, each written summary should include findings, results, data, and additional relevant literature. The following is an example of how to summarize a dissertation:

3. Explain Why Your Study Is Valuable

After summarizing your key points, the next step to writing a dissertation conclusion is to explain why your research was valuable. Here you should provide readers with an additional perspective of the study to better understand the importance of your study. When it's time to write a conclusion to a thesis paper or dissertation, you must explain what makes it worthwhile to any academic or scientific community. It can include topics such as answering a critical research question, using unique methods to explore an issue, or discovering something new about an existing topic. You should note that you have to provide further recommendations to help improve the research. Composing a dissertation conclusion shows how your work has impacted the field of study, either in progress or resolving an existing problem. It is essential to demonstrate how your study contributes to future studies and influences society or policymaking. Doing this is crucial in your dissertation conclusion chapter as it shows readers the importance of research in that field and validates what you have achieved throughout your investigation. Also, explaining some study implications to society will help people understand why this topic is valuable and relevant. Below you can find an example of how to write contributions in a dissertation conclusion:

If you experience difficulties with any section of your PhD work, don’t hesitate to ask our professional academic writers for thesis help. 

4. Mention the Limitations of Your Study

When writing a thesis or dissertation conclusion, mentioning your study's limitations is imperative. It includes discussing any issues you encountered in collecting data, constraints that limited your research, and specific parameters. Citing these shortcomings can help provide insight into why certain elements may not be included in your work and explain any discrepancies your readers might have noticed and, hence, missing in your conclusion chapter. Additionally, writing about any drawbacks can deliver an opportunity to offer further suggestions for future studies and make recommendations on how best to address these uncovered issues. In concluding a dissertation, constraints should not be seen as unfavorable but rather as an additional chance to deliver more understanding of your investigation. Limitations in a thesis conclusion example can look as follows:

When writing about identified limitations of the research, you demonstrate to readers that you considered critical shortcomings and that you are aware of available potential issues. That will provide insight into addressing these limitations and help display your researching and writing credibility.

5. Offer Recommendations Based on Implications

Including recommendations is an integral part of writing every conclusion of a dissertation. In this section, you can provide insight into how to address any issues you have uncovered in your study and make suggestions for future research. When including recommendations, you should first give an overview of the implications of your research and then link it to how you may deal with them. A bachelor conclusion ought to consist of advice for students to guide their future writing. Offer insights for further investigation based on data results and analysis of literature review . Below is an example of how to write dissertation conclusion recommendations:

6. Conclude Your Dissertation with a Summary

The end of conclusion final chapter will close with a summary of the study. Wrapping up your dissertation or thesis conclusions is an excellent way to leave long-lasting impressions on your readers and ensure they remember all critical points of your research. You should summarize key points from previous sections and how they contribute to your overall context. When writing the conclusion chapter of a dissertation, the summary should be brief but comprehensive. Moreover, these findings can offer an innovative perspective on how to conclude a thesis or a dissertation. It provides comprehensive insights into outcomes and their relevance in today's world. Here is how to wrap up a conclusion of a dissertation example:

Thesis & Dissertation Conclusion Examples

Before writing a thesis or dissertation conclusion, you are encouraged to check at least two examples. These instances can provide insights on effectively linking your key findings with possible implications for future studies. In addition, you may use these examples as guides to writing your dissertation conclusions. Attached below is a thesis conclusion example sample.

Thesis paper conclusion example

Dissertation conclusion example

Mistakes to Avoid When Writing Dissertation Conclusions

Mistakes are inevitable when writing conclusions in a dissertation, but you can avoid them through careful proofreading and editing. Including new information or data in your dissertation or thesis conclusion chapter is one such mistake. The chapter should only incorporate information or data already mentioned and discussed in other preceding body paragraphs. How not to write a dissertation conclusion can be seen in complex language, lengthy sentences, and confusing grammar. In addition, one should evade making unsubstantiated claims or generalizations not supported by research findings. Shun writing phrases or any argument considered jargon. Lastly, ensuring that the conclusion chapter in a dissertation answers the research question and that you have provided sufficient evidence to support your conclusions is essential. Therefore, we simply recommend that you review and proofread it before submission. Following these tips mentioned above and examples of dissertation or thesis conclusions should help you write effectively.

Dissertation/ Thesis Dissertation Conclusion Writing Checklist

Writing a conclusion to a thesis paper or dissertation can be daunting because there is a lot of pressure to ensure you wrap up all the key points and tie together any loose ends. Checklists are helpful guides. The reason is that they provide practical tips on how to write dissertation conclusions by breaking each writing process down into manageable steps. Below is a checklist of important things you should keep in mind and follow when writing any conclusion:

Final Thoughts on Dissertation Conclusion

The article discussed how to write the conclusion of a dissertation or thesis writing. It has outlined some critical steps and provided a checklist that you can use as a practical guide. Reasonable inferences require clear objectives, knowing the appropriate structure, addressing any limitations within your work, summarizing key points, providing recommendations for further research, and citing sources appropriately. Also, we offered some samples of how to write a thesis conclusion example. Following these steps will ensure that you conclude your dissertation or thesis writing successfully. Finally, proofread and edit your writing to provide high-quality outcome. All these tips will help you in writing a thesis or dissertation conclusion chapter that is effective and comprehensive.

Keep in mind that our expert writers are always here to support you! They can assist in preparing any section of your study. While we are assisting you with writing, you are relaxing your mind or focusing on other important tasks!

Joe Eckel is an expert on Dissertations writing. He makes sure that each student gets precious insights on composing A-grade academic writing.

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• checkbox There is a summary of the research objectives and findings.
• checkbox I have covered research implications for a broader field.
• checkbox I have offered study limitations and how to address them in future exploration.
• checkbox I have provided recommendations for further research and applications of the findings.
• checkbox I have made a summary of all main points from the discussion section.
• checkbox I have explained why I chose that particular field for examination.
• checkbox My main conclusions are stated.
• checkbox I have proofread and edited my work after completion.

In conclusion, this research has successfully answered the primary research question: how does gender discrimination impact job satisfaction in the workplace? The study determined that gender discrimination directly impacts job satisfaction and can make employees feel demoralized, undervalued, and frustrated. Furthermore, employers must create policies and initiatives promoting workplace inclusion and equality. It can help employees feel valued, respected, and satisfied.

The study aimed to research the effects of gender discrimination on job satisfaction in the workplace. A survey was conducted on 106 participants across different industries using qualitative and quantitative research methods, allowing data collection from employees. Findings revealed that gender discrimination has a direct impact and can lead to feeling demoralized, undervalued, and frustrated. On the other hand, the research found that inclusivity and equality initiatives can help employees feel better about their job roles. Therefore, it is essential that organizations take adequate steps to create a more inclusive and equitable workstation.

The research discussed in this work demonstrates that gender discrimination directly impacts job satisfaction in the workplace. The results of this study have several implications for society, most notably for employers, to create policies and initiatives to promote workplace inclusion. In addition, it's valuable to organizations to help them make more equitable and inclusive offices, to academics to inform their research on diversity and inclusivity, and to policymakers to develop initiatives to reduce gender discrimination in places of work. The research provides valuable insight to inform future studies on this topic and serves to highlight the need to create policies to protect employees from gender discrimination better.

The study is subject to some limitations, such as small sample size and limited scope of data collection. Moreover, due to time constraints, this research did not address some potential implications of gender discrimination in other areas, such as pay, career development, and career advancement. Future studies could further explore these topics in more depth to gain a more comprehensive understanding of their effects on job satisfaction.

The research discussed in this study provides several implications for employers, academics, and policymakers. For employers, the results of this study suggest that they should create policies and initiatives to promote workplace inclusion and diversity. Academics can use these findings to inform their research on gender discrimination in the workplace, and policymakers can develop initiatives to reduce it. Furthermore, future studies should explore other potential implications of gender discrimination in the workplace, such as pay, career development, and career advancement. Doing so would provide a more comprehensive understanding of the issue and potential solutions.

Overall, the findings from this research suggest that gender discrimination in the workplace has adverse effects on job satisfaction. Such discrimination often takes the form of unequal pay, career development opportunities, and access to promotions. Employers should take action to create policies that promote workplace inclusion and diversity to address this problem. Additionally, academics and policymakers should further explore the implications of gender discrimination in the workplace and develop initiatives to reduce it. The research provides a valuable starting point for understanding this complex issue and offers insight into potential solutions.

FAQ About How to Write a Conclusion to a Thesis or Dissertation

1. how to write a good thesis conclusion.

When writing every thesis conclusion, it's essential to focus on summarizing the key points, providing implications to that broader field, addressing any limitations, and making recommendations for further study. Additionally, it should be concise, clear, logical, and coherent. Finally, it's crucial to proofread and edit it to ensure its high quality.

2. How to start a dissertation conclusion?

Beginning each dissertation's concluding chapter is best done by restating the research question, as it provides the link between your introduction, research objectives, and conclusion. That allows an individual to transition smoothly into summarizing all main points from the discussion. For you to start a dissertation conclusion chapter effectively, it is essential to understand the purpose of writing it in the first place.

4. What is the difference between discussion and conclusion?

The difference between a discussion and a conclusion is in the depth of exploration. A discussion is a detailed assessment of the results, while a conclusion is shorter and more general. The discussion section will usually include a detailed analysis of the data collected, while the conclusion section will often provide an overview of the key points and implications. Additionally, this part will offer recommendations for further research.

3. Can I add new data in a conclusion of the dissertation?

No, including new data in the conclusion of a dissertation is not advisable. This section should summarize the research objectives, findings, and implications. Adding new data would not be appropriate as it may create confusion or inconsistency throughout your research. Conversely, it is prudent to summarize every content your work addresses.

5. How to end a thesis or a dissertation?

The end of a dissertation or a thesis should be memorable and end on a high note. One way to accomplish this is by including something unforgettable, such as a question, warning, or call to action. It will give every reader something to think about and engage in further discussion. 

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Sep 20, 2019

Written By Billy Sexton

LLB Law Dissertation

So, you've picked your final modules, consolidated your favourite library seat, and are finally feeling like a big fish in the university pond. But you've got one more challenge on the horizon—the dissertation... 

The final year of your LLB is here, which means it’s time to put together a lovely 10,000 or so word law dissertation.

Gone are the days of first year where a casual 2,000-word essay would be enough to secure 50% of your module marks. Even the tougher second-year essays, where word counts were raised up to 3,500 words, now seem like a walk in the park when faced with the mammoth dissertation.

Many law students before you have faced this, so don’t worry. If they do it, you can too!

A dissertation is a marathon, not a sprint (so no last minute late nights) and working on your dissertation should be treated like eating salami (bear with us on this). You wouldn’t eat a whole salami at once as it’s much tastier in thinner slices.

Therefore, you shouldn’t do your whole dissertation at once. Put it together bit-by-bit, and it will be a much stronger piece of work!

Law dissertation ideas

What you base your law dissertation on is entirely your choice… to a certain extent. You will need to find a supervisor for your dissertation so you won’t be able to do a dissertation on a specific issue if there’s no lecturer at your university who specialises in that topic!

However, presuming there is a lecturer to guide you along the long and bumpy dissertation path, you have free choice over what you’d like to study. Usually, first class dissertations carry originality and research depth.

If you’re stuck for ideas or broad topic areas, let us help you out. We can’t cover every individual area of law  but here are ideas for some of the core areas:

Contract Law – The influence of the EU on contract law, including anti-discrimination directives, a comparison of contract law in different jurisdictions or penalty clauses in contracts.

Criminal Law – Philosophical issues surrounding criminal law, human rights in criminal procedure or social dimensions of crime.

EU Law – Immigration and the law, the law of the European Convention for Human Rights and how this affects human rights within national borders or the impact of the EU on environmental legislation.

Public Law – Public understanding or law and education, state responsibility or historical developments in public law.

These are just a handful of suggestion and may or may not tickle your fancy. It’s best to talk to a range of potential supervisors to get a feel for how they could help you. Start looking early though, as supervisors get snapped up pretty quickly!

Law dissertation structure

Your university should tell you how to structure your dissertation, but usually an introduction highlighting the objectives of the dissertation should also put forward any issues or knowledge the reader will need to be aware of in order when they progress.

Next up is your methodology and literature review. This basically means pointing out what you’re going to research and how and summarising the key arguments already out there.

Then comes the juicy bit—the evidence. This should be what you discovered from your research and a detailed analysis of this.

Finally, the conclusion should outline what you discovered and your conclusion of this.

Writing a law dissertation can be stressful and it’s highly likely you might lose a bit of sleep over it. But at the same time it’s a great opportunity to stick your teeth into a subject you’re really passionate about and gain some good marks that will contribute significantly toward your overall degree mark. 

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