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The Impact of the European Convention on Human
Rights on Private International Law 1st Edition
Louwrens R. Kiestra (Auth.) Digital Instant Download
Author(s): Louwrens R. Kiestra (auth.)
ISBN(s): 9789462650329, 9462650322
Edition: 1
File Details: PDF, 4.18 MB
Year: 2014
Language: english
The Impact of the
European
Convention on
Human Rights
on Private
International Law
Louwrens R. Kiestra
The Impact of the European Convention on Human
Rights on Private International Law
Louwrens R. Kiestra

The Impact of the European

Convention on Human
Rights on Private
International Law

123
Louwrens R. Kiestra
Maastricht
The Netherlands

ISBN 978-94-6265-031-2 ISBN 978-94-6265-032-9 (eBook)

DOI 10.1007/978-94-6265-032-9

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Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl

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Preface

In this book interaction between the rights guaranteed in the European Convention
on Human Rights (ECHR) and private international law has been analysed by
examining the case law of the European Court of Human Rights (the Court) in
Strasbourg and selected national courts. In doing so the book has focused on the
impact of the ECHR on all three of the main questions of private international law:
jurisdiction, the applicable law and the recognition and enforcement of foreign
judgments. First, a concise introduction to both private international law and the
ECHR has been provided. Next, an important preliminary question has been
answered: what is the meaning of Article 1 ECHR for private international law?
Thereafter, the impact of the ECHR on the three main issues of private interna-
tional law has been examined in depth. It has been demonstrated in this book that
the impact of the ECHR on private international law is indeed considerable, and
that its impact in some areas of private international law is still somewhat
underestimated.
This book is based on the research which I mostly carried out at Amsterdam
University’s Amsterdam Center for International Law (ACIL) during the period
2008–2013. A small part of the research was carried out at the Swiss Institute for
Comparative Law. I would like to thank the staff of the Institute for their
hospitality.
This research was made possible by the Netherlands Organization for Scientific
Research (NWO). It was part of the VICI project on ‘The emerging international
constitutional order—the implications of hierarchy in international law for
coherence and legitimacy of international decision making.’ I am grateful to Erika
de Wet for giving me the opportunity to be a part of this research project, which
allowed me to combine two of my favourite subjects of law.
An older—and abbreviated—version of chapter 4 of this book is based on a
presentation delivered at the Colloquium ‘The Impact of the European Convention
on Human Rights on Private International Law’, organized by the University of
Amsterdam on 12 November 2010. This presentation was first published in the
journal Nederlands Internationaal Privaatrecht (NIPR). My thanks are extended to
all the participants at the conference, who provided me with useful commentary.

v
vi Preface

Many other people have contributed—either directly or indirectly—to this

book. I would like to thank, first of all, Jannet Pontier, and Marieke Oderkerk, who
helped to guide my research together with Erika de Wet. I would also like to thank
Prof. Gerards, Prof. Van Hoek, Prof. Kinsch, Dr. Mak, and Prof. Nollkaemper for
their comments on an earlier version of the manuscript.
This book has certainly also benefited from my many discussions on interna-
tional law—and other miscellaneous subjects—with my former colleagues at the
University of Amsterdam, and particularly my colleagues at the Amsterdam
Center for International Law. My thanks go out to all of them. I would like to
single out my long-time room-mates Lisa Clarke and Stephan Hollenberg, as well
as the next-door neighbours Christina Eckes and Jure Vidmar. In no small part
thanks to you, it was always a pleasure to work in Amsterdam. Special thanks are
also extended to José Visser and Eric Breuker, who were always there for our VICI
group.
I would also like to thank my family and friends who have demonstrated so
much patience. I would like to specifically thank David van Bemmel and Peep
Schaepman for being there during my hour of need. And, of course, special thanks
to my parents, who have always supported all my endeavours. Lastly, my thanks
go out to the one whose patience and understanding I have tested to the full during
the past few years: my loved one, Eeke. The book is finally complete, my dear.
The research in this book was largely completed in the spring of 2013.
However, since then new literature has been added and the case law of the Court in
Strasbourg has been updated until the end of 2013.

Maastricht, June 2014 Louwrens R. Kiestra

Contents

1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. 1
1.1 Background and Purpose . . . . . . . . . . . . . . . ............. 1
1.2 Structure of the Book and Further Delineation
of the Subject . . . . . . . . . . . . . . . . . . . . . . . ............. 5
1.3 Overview . . . . . . . . . . . . . . . . . . . . . . . . . . ............. 8
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. 9

2 Introduction to Private International Law . . . . . . . . . . . . . . . . . . 13

2.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2.2 The Notion of Private International Law . . . . . . . . . . . . . . . . . 14
2.3 Objectives of Private International Law . . . . . . . . . . . . . . . . . . 16
2.4 Sources of Private International Law . . . . . . . . . . . . . . . . . . . . 16
2.4.1 The Europeanization of Private International Law. . . . . . 17
2.4.2 International Treaties . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2.4.3 National Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2.5 The Impact of Fundamental Rights on Private International
Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 20
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 24

3 Introduction to the European Convention on Human Rights . .... 27

3.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 27
3.2 The Enforcement Machinery . . . . . . . . . . . . . . . . . . . . . . .... 29
3.3 The Status of the ECHR in the Domestic and International
Legal Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 31
3.3.1 The ECHR and Other Private International
Law Treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 33
3.4 The Most Relevant Articles of the ECHR with Regard
to Private International Law . . . . . . . . . . . . . . . . . . . . . . .... 36

vii
viii Contents

3.5 The Nature of the Contracting Parties’ Obligations

and of the Rights in the ECHR . . . . . . . . . . . . . . . . . . . . .... 36
3.5.1 The Nature of the Rights Guaranteed in the ECHR . .... 38
3.5.2 The Margin of Appreciation . . . . . . . . . . . . . . . . . .... 42
3.6 The Future of the System of Protection Offered
by the ECHR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 44
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 46

4 Article 1 ECHR and Private International Law . . . . . . . . . . . . .. 49

4.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 49
4.2 The Meaning of Article 1 ECHR and the Notion
of Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52
4.2.1 The Notion of Jurisdiction . . . . . . . . . . . . . . . . . . . . .. 52
4.2.2 The Notion of Jurisdiction in Public
International Law . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53
4.2.3 The Notion of Jurisdiction in Article 1 ECHR . . . . . . .. 55
4.2.4 Article 1 ECHR and the Extra-Territorial Application
of the ECHR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 57
4.3 The Meaning of Article 1 ECHR for Private
International Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 64
4.4 The Consequences of the Applicability of Article 1 ECHR
to Private International Law . . . . . . . . . . . . . . . . . . . . . . . . .. 69
4.4.1 Article 1 ECHR and the Debate on the ‘Imperialism’
of the ECHR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 71
4.4.2 The Dangers of the Proliferation of Rights Guaranteed
in the ECHR for Private International Law . . . . . . . . .. 73
4.4.3 Jurisprudence of the National Courts of the
Contracting Parties . . . . . . . . . . . . . . . . . . . . . . . . . .. 74
4.5 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 81
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 82

5 Jurisdiction in Private International Law . . . . . . . . . . . . . . . . . . . 85

5.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
5.2 The Notion of Jurisdiction in Private International Law . . . . . . . 87
5.2.1 Jurisdictional Rules and Grounds of Jurisdiction . . . . . . . 88
5.2.2 The Impact of Public International Law on Jurisdiction
in Private International Law . . . . . . . . . . . . . . . . . . . . . 90
5.3 The Applicability of the ECHR to Disputes Concerning
Jurisdiction in Private International Law . . . . . . . . . . . . . . . . . 94
5.4 The Right of Access to a Court in Private International Law . . . 95
5.4.1 General Overview of the Right of Access to a Court
in the Case Law of the Strasbourg Institutions . . . . . . . . 96
5.4.2 The Right of Access in Private International Law
in the Strasbourg Case Law . . . . . . . . . . . . . . . . . . . . . 100
Contents ix

5.4.3 The Scope of the Right of Access to a Court

and Jurisdiction in Private International Law . . . . . . . . . 103
5.4.4 Restrictions to the Right of Access to a Court:
Procedural Bars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
5.4.5 The Effectiveness of the Right of Access to a Court:
Legal Aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
5.4.6 Preliminary Conclusions . . . . . . . . . . . . . . . . . . . . . . . 126
5.5 The Invocation of Article 6(1) ECHR against the Assertion
of Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
5.5.1 The Invocation of Article 6(1) ECHR against Jurisdiction
in the Strasbourg Case Law . . . . . . . . . . . . . . . . . . . . . 127
5.5.2 Article 6(1) ECHR and the Due Process Clause . . . . . . . 130
5.5.3 The Consequences of the Divergent Roles
of Article 6(1) ECHR . . . . . . . . . . . . . . . . . . . . . . . . . 133
5.5.4 Some Preliminary Conclusions . . . . . . . . . . . . . . . . . . . 133
5.6 Article 6(1) ECHR as a Brake on Strategic Litigation . . . . . . . . 134
5.6.1 The State of the Law: Gasser . . . . . . . . . . . . . . . . . . . . 136
5.6.2 Strategic Litigation and the Role
of Article 6(1) ECHR . . . . . . . . . . . . . . . . . . . . . . . . . 137
5.7 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143

6 Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 149

6.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 149
6.2 The Applicability of the ECHR to the Issue
of Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 151
6.2.1 Responsibility When a Foreign Law Is Applied . . . .... 152
6.2.2 Co-responsibility When the Law of Another
Contracting Party Is Applied?. . . . . . . . . . . . . . . . .... 153
6.3 The Impact of the ECHR on the Applicable (Foreign) Law
in a Private International Law Dispute . . . . . . . . . . . . . . . .... 154
6.3.1 The Case Law of the Strasbourg Institutions . . . . . .... 156
6.3.2 The Impact of the ECHR on the Applicable
Foreign Law: Further Analysis . . . . . . . . . . . . . . . .... 161
6.3.3 Jurisprudence of National Courts
of the Contracting Parties. . . . . . . . . . . . . . . . . . . .... 168
6.4 The Application of the ECHR Promoting the Application
of Foreign Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 180
6.4.1 The Case Law of the Strasbourg Institutions . . . . . .... 181
6.4.2 Jurisprudence of the EU and the National Courts
of the Contracting Parties. . . . . . . . . . . . . . . . . . . .... 183
6.4.3 The Application of the ECHR Promoting
the Application of Foreign Law: Debate
in the Literature . . . . . . . . . . . . . . . . . . . . . . . . . .... 185
x Contents

6.5 The Impact of the ECHR on the Act of Applying

Foreign Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 187
6.5.1 The Case Law of the Strasbourg Institutions . . . . . . . .. 188
6.5.2 Jurisprudence of the National Courts of the
Contracting Parties . . . . . . . . . . . . . . . . . . . . . . . . . .. 189
6.5.3 The Practice in National Legal Orders and the Impact
of Article 6(1) ECHR . . . . . . . . . . . . . . . . . . . . . . . .. 191
6.6 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 193
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 196

7 The Recognition and Enforcement of Foreign Judgments:

The Obligation to Recognize and Enforce Foreign
Judgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 199
7.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 199
7.2 Article 6(1) ECHR and the Obligation to Recognize
and Enforce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 202
7.2.1 The Obligation to Recognize and Enforce Following
from Article 6(1) ECHR . . . . . . . . . . . . . . . . . . . . ... 210
7.2.2 Jurisprudence of National Courts of the
Contracting Parties . . . . . . . . . . . . . . . . . . . . . . . . ... 212
7.2.3 Preliminary Conclusions . . . . . . . . . . . . . . . . . . . . ... 215
7.3 Article 1 of Protocol No. 1 ECHR and the Obligation
to Recognize and Enforce. . . . . . . . . . . . . . . . . . . . . . . . . ... 216
7.3.1 The Obligation Following from Article 1
of Protocol No. 1 ECHR . . . . . . . . . . . . . . . . . . . . ... 218
7.3.2 Preliminary Conclusions . . . . . . . . . . . . . . . . . . . . ... 219
7.4 Article 8 ECHR and the Obligation to Recognize
Foreign Judgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 219
7.4.1 The Obligation to Recognize and Enforce Following
from Article 8 ECHR . . . . . . . . . . . . . . . . . . . . . . ... 235
7.4.2 Jurisprudence of the National Courts of the
Contracting Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
7.4.3 Preliminary Conclusions . . . . . . . . . . . . . . . . . . . . . . . 241
7.5 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Contents xi

8 The Recognition and Enforcement of Foreign Judgments:

The Invocation of the ECHR Against Recognition
and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 247
8.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 247
8.2 The Invocation of Article 6(1) ECHR Against Recognition
and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 248
8.2.1 The Standard of Control Following from Article
6(1) ECHR with Regard to the Recognition
and Enforcement of Foreign Judgments . . . . . . . . . .... 254
8.2.2 The Invocation of Article 6(1) ECHR Against
Recognition and Enforcement: EU and National
Jurisprudence . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 259
8.2.3 The Manner of Invocation of Article 6(1) ECHR
Regarding Recognition and Enforcement . . . . . . . . .... 271
8.2.4 The Abolition of the Exequatur Procedure . . . . . . . .... 271
8.2.5 Preliminary Conclusions . . . . . . . . . . . . . . . . . . . .... 274
8.3 The Invocation of the Substantive Rights Guaranteed
in the ECHR Against the Recognition and Enforcement
of Foreign Judgments. . . . . . . . . . . . . . . . . . . . . . . . . . . .... 275
8.3.1 The Invocation of Substantive Rights Guaranteed
in the ECHR Against a Judgment of Another
Contracting Party . . . . . . . . . . . . . . . . . . . . . . . . .... 275
8.3.2 The Invocation of Substantive Rights Guaranteed
in the ECHR Against a Judgment
of a Third Country . . . . . . . . . . . . . . . . . . . . . . . .... 278
8.3.3 The Invocation of Substantive Rights Guaranteed
in the ECHR: National Jurisprudence . . . . . . . . . . .... 281
8.4 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 283
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 285

9 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 289

9.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 289
9.2 The Impact of the ECHR on the Issue of Jurisdiction
in Private International Law . . . . . . . . . . . . . . . . . . . . . ..... 291
9.3 The Impact of the ECHR on the Issue of Applicable Law ..... 294
9.4 The Impact of the ECHR on the Recognition
and Enforcement of Foreign Judgments . . . . . . . . . . . . . ..... 298
9.5 Concluding Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 302

Table of Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305

Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
Chapter 1
Introduction

Contents

1.1 Background and Purpose.................................................................................................. 1

1.2 Structure of the Book and Further Delineation of the Subject ...................................... 5
1.3 Overview........................................................................................................................... 8
References.................................................................................................................................. 9

1.1 Background and Purpose

This book analyzes the impact of the rights guaranteed in the European Convention
of Human Rights and Fundamental Freedoms (hereafter ECHR) on private inter-
national law by examining the case law of the European Court of Human Rights
(hereafter the Court) in Strasbourg and selected national courts. Private international
law is traditionally concerned with the fair and efficient regulation of issues of private
law stemming from the concurrence of legal systems of different countries.1 The
diversity of the world’s legal systems concerning private law is the raison d’être of
private international law. This area of the law is thus only concerned with cases that
contain a foreign element. In handling this diversity of legal systems, private inter-
national law deals primarily with three main issues.2 The first of these is the issue of
jurisdiction—in an international case, the court of which country is competent to hear
a case? The second issue is that of the applicable law—the law of which country shall
be applied to this international case? The third and last main issue is that of the
recognition and enforcement of foreign judgments—under what circumstances may
a foreign judgment either be recognized and/or enforced in the forum? Clearly,
private international law requires a willingness to accept foreign solutions to legal

1
See, e.g., Cheshire et al. 2010, pp. 3–5; Dicey et al. 2012, pp. 3–5; Strikwerda 2012, p. 2.
2
See for a further elaboration of the notion of private international law infra Chap. 2.

Ó T.M.C. ASSER PRESS and the author 2014 1

L.R. Kiestra, The Impact of the European Convention on Human Rights
on Private International Law, DOI 10.1007/978-94-6265-032-9_1
2 1 Introduction

issues with foreign elements in order to facilitate cross-border legal relationships of a

private law nature.3
Private international law is also an area of law which is currently undergoing a
transformation, as its role and traditional foundations may be changing.4 Several
factors lie at the root of this. The continuing increase in interaction between people
from different countries, because of advances in transportation and telecommuni-
cation—a phenomenon commonly referred to as globalization—has, for example,
emphasized the importance of private international law, while it has, simulta-
neously, increased the demands on this area of law.5 Moreover, while private
international law and public international law appeared to have grown apart and
were consequently treated as separate areas of law, there are indications suggesting a
reversal of this trend.6 It has, for example, also been contended that private inter-
national law could play a more prominent role in the ‘global governance debate’.7
Another important development concerning private international law is that the
European Union has gradually discovered this area of law. This has made its role
more important, and has also had an impact on national rules of private interna-
tional law, as more and more areas covered by national private international law
have been and are being replaced by European private international law.8 This may
be a common refrain: these developments in public international law and European
law have brought changes to the traditional paradigm of private international law,
as concepts of these systems of law have put pressure on private international law.9
Private international law can no longer claim an isolated role, as it is being influ-
enced by other areas of law. The rights guaranteed in the ECHR may similarly have
an impact on private international law. This necessitates an analysis of that impact.
The ECHR is an international treaty containing a catalogue of rights that the
States which are parties to this instrument undertake to respect and guarantee to
everyone within their jurisdiction. These rights may—if this is at all possible—
only be limited insofar as the possibility thereto is contained within the instrument
itself.10 The ECHR thus establishes certain minimum requirements concerning the
rights contained in the Convention which the Contracting Parties are bound to
guarantee. These minimum requirements also apply to private international law
cases. It is not difficult to see how private international law and the rights guar-
anteed in the ECHR could clash, as, for example, the application of a foreign law

3
See, e.g., Struycken 2009, p. 55ff.
4
See, e.g., Mills 2012, pp. 371–375.
5
See with regard to the impact of globalization on private international law, e.g., Basedow 2000,
pp. 1–10; Wai 2002, pp. 209–274.
6
See on this subject, e.g., Mills 2009. See for a more critical approach to this trend, e.g., de Boer
2010, pp. 183–207. See also Reed 2005, pp. 177–410.
7
Muir Watt 2011, pp. 347–428.
8
See with regard to the Europeanization of private international law further Infra Sect. 2.4.1.
9
See, e.g., Kuipers 2012, p. 2ff.
10
See with regard to the ECHR further infra Chap. 3.
1.1 Background and Purpose 3

or the recognition and enforcement of foreign judgments may result in a violation

of one of the rights guaranteed in the ECHR, particularly where the foreign law or
the foreign judgments originate from non-Contracting Parties.
Although private international law is certainly not deaf to the rights and obli-
gations of individuals, the most important function of private international law is
to coordinate the differences between legal systems. The ECHR, however, as a
human rights instrument, offers a number of fundamental rights to individuals
which the Contracting Parties are obligated to respect and guarantee. It is clear that
the creation of an efficient regulatory system can collide with the rights of an
individual. If too much emphasis is put on the rights of the individual within such a
system, the system will ultimately suffer. However, too much emphasis on the
functioning of the system of private international law at the expense of the rights
of individuals, which can be derived from the ECHR, could trigger state respon-
sibility for the Contracting Parties under this instrument. For example, it may,
from the point of view of co-operation between different States, be worthwhile to
recognize and enforce each other’s (foreign) judgments readily without too many
formalities. However, if omitting such formalities were to mean that a judge could
no longer check whether a fair trial has preceded the foreign judgment to be
enforced, the individual may be wronged.11
The relationship between private international law and human rights has,
incidentally, also come up in a slightly different context. It has recently been
attempted to hold multi-national corporations accountable for human rights vio-
lations allegedly committed in distant parts of the world. An example is a case
before the United States Supreme Court, Kiobel, et al., v. Royal Dutch Petroleum,
et al.,12 in which 12 individuals are seeking to hold major oil corporations
accountable in the United States for alleged human rights violations perpetrated in
Nigeria. Rules of private international law will in such cases determine if a court
has jurisdiction, and which law should be applied. However, this aspect of the
relationship between private international law and human rights will not be further
considered here, as this book will be confined to the question of what the impact of
the ECHR is on the three main issues of private international law. Whether private
international law can be used with regard to human rights violations, and if so,
how that may be achieved, are related, but separate, questions.13

11
See further infra Chaps. 7–8.
12
Kiobel, et al., v. Royal Dutch Petroleum, et al., 132 S.Ct. 472 (US 2011). See with regard to
this case, e.g., Enneking 2012a, pp. 396–400. See generally on the related discussion of liability
of multinational corporations under international law, e.g., Kamminga and Zia-Zarifi 2000. See
also Enneking 2012b.
13
See with regard to the question of whether private international law may function in such a
way within the EU, e.g., van den Eeckhout 2008, pp. 105–127. Another discussion concerned
with whether private international law can play a role with regard to human rights violations is
the discussion on universal civil jurisdiction. See in this regard, e.g., Donovan and Roberts 2006,
pp. 142–163; Mora 2010, pp. 367–403. See also the contributions in 99 Annual Proceedings of
the American Society of International Law (2005), pp. 120–128.
4 1 Introduction

The impact of human rights, or fundamental rights, on private international law

is, of course, not an entirely new phenomenon. The German Bundes-
verfassungsgericht held for the first time back in 197114 that the German rules of
private international law had to comply with the fundamental rights enshrined in
the German Grundgesetz.15 This decision resulted in a discussion of whether the
connecting factors used in choice-of-law rules were discriminatory in using the
national law of the man as the connecting factor, which eventually led to a leg-
islative reform of German private international law in the area of family law.16
Similar developments have taken place in other Western European countries.17
Yet besides this impact on the connecting factor in choice-of-law rules, the
impact on private international law of fundamental rights, and particularly those
rights guaranteed in the ECHR, has been rather limited for a long time. The subject
was seldom broached by courts and similarly was not frequently discussed in the
literature.18 That has, however, gradually changed. The number of publications on
the subject, for example, has steadily increased since the turn of this century. The
most interesting development has been, however, the increase in the number of
court decisions dealing with the impact of the ECHR. In particular, the fact that the
European Court of Human Rights (the Court) has since decided a number of cases
specifically dealing with issues of private international law is of great interest, and
the issue also appears to have been taken up more by national courts of the
Contracting Parties.
In light of this increased attention by the Court, a new book on the impact of the
rights guaranteed in the ECHR on issues of private international law is necessary
in order to further assess what the ECHR’s impact on private international law is,
and how the Contracting Parties (or their courts) can fulfill their obligations under
the Convention in issues of private international law. While a fair number of
interesting studies on the impact of the ECHR in cases dealing with issues of
private international law have appeared, not many of them deal with all three main
questions of private international law, but instead restrict themselves to one or two
of them. There are two important studies that are exceptions to this.19 However
since the publication of these studies there have been significant further

14
Bundesverfassungsgericht 31 May 1971, 31 BVerfGE 58; NJW 1971, p. 1508.
15
This case has been much discussed. See further infra Sect. 6.3.
16
See, e.g., Hofmann 1994, p. 148ff.
17
A judgment of the Italian Constitutional Court on 26 February 1987 started a similar
discussion in Italy. See Rev.crit.dr.int 1987, p. 563 (note Ancel). See also van Loon 1993,
pp. 141–142 with regard to the developments in the Netherlands.
18
See, e.g., Docquir 1999, p. 473, who noted—in 1999—that the impact of the ECHR on private
international law has (still) not received a lot of attention, notably not by the courts, although he
did point out that there are a number of interesting studies on the subject. See for some interesting
earlier studies on the subject, e.g., Cohen 1989, pp. 451–483; Engel 1989, pp. 3–51; Goldman
1969, pp. 449–466; Matscher 1985, pp. 459–478; Mayer 1991, pp. 651–665. See also generally
on the impact of human rights Lerebours-Pigeonnière 1950, pp. 255–270.
19
See Kinsch 2007, pp. 9–332 and Marchadier 2007.
1.1 Background and Purpose 5

developments with regard to private international law in the Court’s case law.
Moreover, this book will add a further focus on the meaning of Article 1 of the
ECHR for private international law. Finally, what this book will add to the debate
on the impact of the ECHR on private international is a further examination of case
law originating from three legal orders: England, the Netherlands, and Switzer-
land, where the issue of the impact of the ECHR on private international law has
not been very frequently discussed.20

1.2 Structure of the Book and Further Delineation

of the Subject

As stated above, this book analyzes the impact of the rights guaranteed in the
ECHR on private international law by examining the Court’s case law as well as
national case law. The over-arching question is: what is the impact of the ECHR
on private international law? This book departs from the assertion that the case law
of the Strasbourg Institutions (the Court and the Commission)21 best illustrates the
manner in which the ECHR may have an impact on private international law and
how possible violations of the ECHR in issues of private international law may be
prevented. The Court is particularly well positioned to offer binding guidance, as it
has final jurisdiction over the interpretation of the rights guaranteed in the ECHR
and the compliance of the Contracting Parties with the ECHR.22
To answer this broad question, it must be divided into three sub questions which
correspond with the three main issues of private international law. In other words:
the impact of the ECHR on private international law will be studied separately
with regard to jurisdiction, applicable law, and the recognition and enforcement of
foreign judgments. Prior to this, though, it is necessary to examine how the basic
obligation undertaken by the Contracting Parties in Article 1 ECHR relates to their
responsibilities in issues of private international law.
At an early stage the choice was made to include all three main questions of
private international law, as this would provide a full overview of the issues.
However, the subject became rather broad as a result. In order to ensure that the
book could be completed within a reasonable time some difficult choices had to be
made. Private international law has therefore been limited in this research to the
afore-mentioned three main issues. As a result, other topics, some of which are
considered to be part of private international law in at least some legal orders and
which may also raise interesting questions with regard to the impact of the rights
guaranteed in the ECHR, are not included in this book.23 Examples of such topics

20
See with regard to the selection of the legal orders further infra Sect. 1.2.
21
See further infra Sect. 3.2.
22
Stone Sweet and Keller 2008, p. 4.
23
See further with regard to the notion of private international law infra Chap. 2.
6 1 Introduction

falling outside the scope of this study would be international arbitration,24 taking
evidence abroad, and the service of documents in international cases, which will
be treated only marginally as a topic relevant to the recognition and enforcement
of foreign judgments.25
Some topics that do arguably fall within the three main issues of private inter-
national law, which have been examined by the Court, also had to be left out of this
study because they are largely not truly concerned with a topic of private inter-
national law. In some legal orders immunities, for example, are considered to be
part of the issue of jurisdiction in private international law and as such are discussed
in treatises on private international law.26 The Court has also developed important
case law on the relationship between the right of access to a court ex Article 6(1)
ECHR and immunities.27 However, as immunities are more of a restriction derived
from public international law, this topic has not been included in this study.28
International child abduction is another topic that is considered to be part of
private international law, but which does not fit perfectly in this book. Although
the Court has discussed this issue extensively in its case law and the reasoning
used may be interesting for topics which are part of this book, it has been decided
not to include international child abduction as this would result in so much more
material that deserves and requires a separate study.29 Moreover, even though
international child abduction is considered to be an issue of private international
law, one should realize that the return orders in such cases are actually national
decisions, albeit in an international context, which distinguishes them from the
decisions discussed in Chaps. 7 and 8, in which the recognition and enforcement
of foreign judgments are discussed.
As stated above, the starting point in the search for the impact of the ECHR is
mainly confined to case law, particularly that of the Court. This means, for
example, that the impact of the ECHR on choice-of-law rules, and particularly on
connecting factors, is a topic that is only treated marginally, as the Court usually
limits its assessment of a case to whether the actual application of such rules (e.g.,
the applicable law in question) is in conformity with the ECHR. The Court, in
principle, does not review legislation in abstracto.30 The principle of

24
See in this regard, e.g., De Ly 2011, pp. 181–205.
25
See infra Chap. 7.
26
See, e.g., Cheshire et al. 2010, p. 491ff; Dicey et al. 2012, p. 273ff.
27
See with regard to immunities and the right of access to a court ex Article 6(1) ECHR, e.g.,
Kloth 2010; Voyiakis 2002, pp. 297–332.
28
See in this regard the fairly recent decision of the International Court of Justice in
Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), judgment of
3 February 2012. See generally with regard to immunities in (public) international law, e.g., van
Alebeek 2008; Pavoni 2012, pp. 133–207. See also van Hoek et al. 2011.
29
There have, incidentally, already been studies into the impact of the Court’s case law on
international child abduction. See, e.g., Beaumont 2009, pp. 9–103.
30
See, e.g., Klass and Others v. Germany, 6 September 1978, para 33, Series A no. 28; Marckx
v. Belgium, 13 June 1979, para 27, Series A no. 31.
1.2 Structure of the Book and Further Delineation of the Subject 7

discrimination in relation to the connecting factors used in choice-of-law rules will

therefore not be fully examined.31 The book will thus assess the impact of the
ECHR by examining the relevant case law of the Strasbourg Institutions as well as
case law from selected national legal orders in Europe, but, where relevant to the
discussion, the doctrine in issues of private international law will also be included.
The book is concerned with the impact of the ECHR on private international
law, and while many rules of private international law are of international origin,32
every country does have its own rules of private international law. Therefore the
number of legal systems which could, theoretically, be drawn upon for case law is,
of course, the same number of Member States of the Council of Europe: forty-
seven.33 However, including all systems is neither desirable nor necessary. It is not
necessary, as the case law and practice of the national courts of the Contracting
Parties are primarily used as illustrations of the handling of the ECHR in issues of
private international law. It is not desirable, since including all systems would
mean a sacrifice of thoroughness. Consequently, this book will focus in its
assessment on the case law of the national courts and practice of England,34 the
Netherlands, and Switzerland.35 Occasionally, reference will also be made to
developments in other Contracting Parties—particularly Germany and France—
that illustrate important findings. In addition to case law, the doctrine and legis-
lation, in the broadest sense of the word,36 will be touched upon in this research.
Why the focus on England, the Netherlands, and Switzerland? As the national
case law is used in this research to unearth the solutions found in national legal
orders to possible conflicts between the rights guaranteed in the ECHR and private
international law, it is necessary and most interesting to choose legal systems
which are not only influential, but also diverse. Furthermore, it is in this context
most interesting to choose legal orders where the impact has been examined, but
where this issue has not yet fully been assessed. All these factors have been
accounted for in the choice of these three jurisdictions.37
Above, it was indicated that Germany is, in a way, the birthplace of the
discussion of the impact of fundamental rights on private international law. It is not

31
See with regard to discrimination and choice-of-law rules Kinsch 2011, pp. 19–24.
32
See further infra Sect. 2.4.
33
See for a little background regarding the origins of the ECHR infra Chap. 3.
34
In this research I will focus on English cases of private international law and practice. One
should note in this regard, though, that England, Scotland, and Northern Ireland share the
Supreme Court. Moreover, many statutes, particularly those based on international treaties, apply
to all three parts of the United Kingdom. Finally, one should note that in relation to the case law
of the Court in Strasbourg, the United Kingdom is the respondent Contracting Party.
35
See with regard to these legal systems also infra Sects. 2.4.3 and 3.3.
36
This would include, in addition to national legislation, internationalized sources, such as EU
law and international treaties. See with regard to the sources of private international law infra
Sect. 2.4.
37
See generally with regard to the selection of legal systems in comparative legal research
Oderkerk 2001, pp. 293–318.
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Third 2025 - College

Prepared by: Dr. Smith

Date: August 12, 2025

Exercise 1: Best practices and recommendations

Learning Objective 1: Theoretical framework and methodology
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 2: Practical applications and examples
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 2: Diagram/Chart/Graph]
Learning Objective 3: Ethical considerations and implications
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 4: Theoretical framework and methodology
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 4: Diagram/Chart/Graph]
Learning Objective 5: Problem-solving strategies and techniques
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 5: Diagram/Chart/Graph]
Practice Problem 5: Theoretical framework and methodology
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Practice Problem 6: Problem-solving strategies and techniques
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Study tips and learning strategies
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 8: Interdisciplinary approaches
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 9: Comparative analysis and synthesis
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
References 2: Research findings and conclusions
Remember: Literature review and discussion
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Critical analysis and evaluation
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Problem-solving strategies and techniques
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Study tips and learning strategies
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 14: Key terms and definitions
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Best practices and recommendations
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 16: Statistical analysis and interpretation
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 17: Critical analysis and evaluation
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Interdisciplinary approaches
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 19: Fundamental concepts and principles
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Section 3: Literature review and discussion
Remember: Critical analysis and evaluation
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Best practices and recommendations
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Comparative analysis and synthesis
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Problem-solving strategies and techniques
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 24: Practical applications and examples
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 25: Ethical considerations and implications
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 26: Critical analysis and evaluation
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Comparative analysis and synthesis
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 28: Diagram/Chart/Graph]
Note: Practical applications and examples
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 29: Diagram/Chart/Graph]
Practice Problem 29: Historical development and evolution
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Conclusion 4: Problem-solving strategies and techniques
Note: Fundamental concepts and principles
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Assessment criteria and rubrics
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Comparative analysis and synthesis
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Comparative analysis and synthesis
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Research findings and conclusions
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Definition: Research findings and conclusions
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Assessment criteria and rubrics
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 37: Diagram/Chart/Graph]
Example 37: Research findings and conclusions
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Theoretical framework and methodology
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 39: Problem-solving strategies and techniques
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Test 5: Statistical analysis and interpretation
Remember: Experimental procedures and results
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Practice Problem 41: Study tips and learning strategies
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Assessment criteria and rubrics
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 43: Assessment criteria and rubrics
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 44: Diagram/Chart/Graph]
Note: Experimental procedures and results
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 45: Diagram/Chart/Graph]
Important: Study tips and learning strategies
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Interdisciplinary approaches
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Best practices and recommendations
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 48: Problem-solving strategies and techniques
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Statistical analysis and interpretation
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Review 6: Case studies and real-world applications
Definition: Interdisciplinary approaches
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Experimental procedures and results
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Interdisciplinary approaches
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 53: Diagram/Chart/Graph]
Important: Practical applications and examples
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Research findings and conclusions
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 55: Diagram/Chart/Graph]
Important: Case studies and real-world applications
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Theoretical framework and methodology
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 57: Diagram/Chart/Graph]
Note: Comparative analysis and synthesis
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Experimental procedures and results
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 59: Study tips and learning strategies
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Discussion 7: Interdisciplinary approaches
Practice Problem 60: Experimental procedures and results
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Literature review and discussion
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Interdisciplinary approaches
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Literature review and discussion
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 64: Comparative analysis and synthesis
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Ethical considerations and implications
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Historical development and evolution
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 67: Case studies and real-world applications
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 68: Research findings and conclusions
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Experimental procedures and results
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Summary 8: Practical applications and examples
Example 70: Practical applications and examples
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 71: Diagram/Chart/Graph]
Practice Problem 71: Learning outcomes and objectives
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 72: Best practices and recommendations
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Practice Problem 73: Interdisciplinary approaches
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Best practices and recommendations
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Study tips and learning strategies
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 76: Diagram/Chart/Graph]
Note: Key terms and definitions
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Critical analysis and evaluation
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Case studies and real-world applications
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 79: Diagram/Chart/Graph]
Key Concept: Key terms and definitions
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Introduction 9: Assessment criteria and rubrics
Practice Problem 80: Current trends and future directions
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Historical development and evolution
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Statistical analysis and interpretation
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 83: Diagram/Chart/Graph]
Key Concept: Assessment criteria and rubrics
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Practical applications and examples
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Key terms and definitions
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 86: Best practices and recommendations
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Practical applications and examples
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Remember: Ethical considerations and implications
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 89: Diagram/Chart/Graph]
Note: Statistical analysis and interpretation
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
References 10: Fundamental concepts and principles
Key Concept: Ethical considerations and implications
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Practical applications and examples
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Current trends and future directions
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 93: Literature review and discussion
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Important: Experimental procedures and results
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Example 95: Literature review and discussion
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 96: Problem-solving strategies and techniques
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Critical analysis and evaluation
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Practical applications and examples
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Practice Problem 99: Historical development and evolution
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Background 11: Best practices and recommendations
Remember: Current trends and future directions
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Note: Research findings and conclusions
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 102: Theoretical framework and methodology
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Literature review and discussion
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Key terms and definitions
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Problem-solving strategies and techniques
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Assessment criteria and rubrics
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 107: Diagram/Chart/Graph]
Important: Theoretical framework and methodology
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 108: Ethical considerations and implications
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Study tips and learning strategies
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Background 12: Assessment criteria and rubrics
Example 110: Experimental procedures and results
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Best practices and recommendations
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 112: Diagram/Chart/Graph]
Remember: Statistical analysis and interpretation
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 113: Statistical analysis and interpretation
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Practice Problem 114: Statistical analysis and interpretation
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 115: Diagram/Chart/Graph]
Important: Historical development and evolution
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Statistical analysis and interpretation
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 117: Diagram/Chart/Graph]
Key Concept: Theoretical framework and methodology
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Experimental procedures and results
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Comparative analysis and synthesis
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 120: Diagram/Chart/Graph]
Topic 13: Literature review and discussion
Note: Literature review and discussion
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Learning outcomes and objectives
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Literature review and discussion
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Practical applications and examples
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 124: Study tips and learning strategies
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Statistical analysis and interpretation
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Interdisciplinary approaches
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Study tips and learning strategies
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Note: Theoretical framework and methodology
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 129: Case studies and real-world applications
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Discussion 14: Problem-solving strategies and techniques
Definition: Problem-solving strategies and techniques
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 131: Problem-solving strategies and techniques
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Problem-solving strategies and techniques
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 133: Case studies and real-world applications
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 134: Theoretical framework and methodology
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Problem-solving strategies and techniques
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Comparative analysis and synthesis
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Experimental procedures and results
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 138: Diagram/Chart/Graph]
Example 138: Best practices and recommendations
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 139: Diagram/Chart/Graph]
Definition: Assessment criteria and rubrics
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Appendix 15: Theoretical framework and methodology
Key Concept: Theoretical framework and methodology
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Note: Ethical considerations and implications
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 142: Theoretical framework and methodology
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Fundamental concepts and principles
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Key terms and definitions
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Study tips and learning strategies
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 146: Diagram/Chart/Graph]
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