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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.
8 1 Introduction

surprising to find that this subject has been discussed often in the German liter-
ature.38 There is also a lively debate on the subject in France.39 However, in the
selected legal systems—England, the Netherlands, and Switzerland—the issue of
the impact of the ECHR on private international law has been less frequently and
not so elaborately discussed,40 and it is therefore of interest to examine the case
law from these jurisdictions. Moreover, for a researcher trained in Dutch law and
based at a Dutch university, the Netherlands is an obvious choice as one of the
three jurisdictions.
While the Netherlands is a civil law country, England has a common law
tradition and consequently takes quite a different approach to issues of private
international law. Furthermore, the position of the ECHR in the English legal order
is quite different from its position in the Dutch legal system. While the Nether-
lands—and Switzerland—have a ‘monist’ tradition with regard to the relationship
between national and international law, the United Kingdom follows the dualist
approach.41 In monist countries the ECHR is automatically part of the national
law. In dualist countries, however, further legislative action is required following
the ratification of an instrument in order for the ECHR to be enforceable in
national courts. The precise way in which it is enforceable depends on the terms of
the national legislation. In the United Kingdom the Human Rights Act 1998 has
indirectly incorporated the rights flowing from the ECHR into national law.
The choice of Switzerland adds another dimension to the discussion. While
both the Netherlands and the United Kingdom are members of both the Council of
Europe and the European Union, Switzerland is only a member of the Council of
Europe. In the interest of completeness it should be noted that Switzerland—like
the Netherlands—follows a monist approach and the ECHR provisions are applied
as self-executing in the national courts.42

1.3 Overview

After having set out the scope of this book in the introduction, the study will
continue in Chaps. 2 and 3 with a concise introduction to both private international
law and the ECHR. These two introductory chapters are included for readers, who

38
See, e.g., Thoma 2007; Voltz 2002.
39
See, e.g., supra n. 19. See also the contributions in the European Journal of Human Rights
2013/3.
40
There are, of course, exceptions to this general statement. See in addition to works cited
above, e.g., Fawcett 2007, pp. 1–47; Juratowitch 2007, pp. 173–199 (England); Bitter 1979,
pp. 440–447; Rutten 1998, pp. 797–811; Vonken 1993, pp. 153–185 (The Netherlands); and
Bucher 2011; Othenin-Girard 1999 (Switzerland).
41
See with regard to the differences between the monist and dualist approaches, e.g., Brownlie
2008, p. 31ff.
42
See generally on the position of the ECHR in the domestic law of the respective Contracting
Parties, e.g., Blackburn and Polakiewicz 2001; Keller and Stone Sweet 2008.
1.3 Overview 9

are less familiar with either of these two areas of the law. In Chap. 2 the partic-
ularities of private international law will be dealt with, including the importance of
the different sources of this area of law. This chapter will also provide a first foray
into an important part of this research by examining the public policy exception,
which is the traditional instrument used in private international law to deal with
fundamental rights. Chapter 3 provides a general introduction to the rights guar-
anteed in the ECHR. Here, one will find a review of the structure of the Con-
vention as well as its most important characteristics. In Chap. 4 an important
preliminary question to the research in this book will be answered: is the ECHR at
all applicable to issues of private international law? In this chapter the relationship
between Article 1 of the ECHR, which defines the scope of the Convention, and
private international law will be further discussed. Hereafter, the impact of the
ECHR on the three main issues of private international law will be elaborated
upon. In Chap. 5 the issue of jurisdiction in private international law will be dealt
with. The issue of applicable law is the subject of Chap. 6. The discussion of the
issue of the recognition and enforcement of foreign judgments will be divided into
two parts, as the Court has delivered far more case law on this subject compared to
jurisdiction and applicable law. In Chap. 7 the obligation to recognize and enforce
foreign judgments, which may follow from the ECHR, will be examined. Chap-
ter 8 will discuss the possibility to invoke one of the rights guaranteed in the
ECHR against the recognition and enforcement of foreign judgments. Chapter 9
sets out the conclusions of the book.

References

Basedow J (2000) The effects of globalization on private international law. In: Basedow J, Kono
T (eds) Legal aspects of globalization: conflict of laws, internet, capital markets and
insolvency in a global economy. Kluwer International, The Hague, pp 1–10
Beaumont P (2009) The jurisprudence of the European Court of Human Rights and the European
Court of Justice on the Hague convention on international child abduction. Recueil des Cours
335:9–103
Bitter JW (1979) De Nederlandse Grondwet en de bescherming van grondrechten in het
Nederlands internationaal privaatrecht [The Dutch Constitution and the protection of
fundamental rights in Dutch private international law]. Ars Aequi 23:440–447
Blackburn R, Polakiewicz J (2001) Fundamental rights in Europe: the European convention on
human rights and its member states, 1950–2000. Oxford University Press, Oxford
Brownlie I (2008) Principles of public international law. Oxford University Press, Oxford
Bucher A (ed) (2011) Loi sur le droit international privé. Convention de Lugano. Helbing
Lichtenhahn, Bâle
Cheshire GC, North P, Fawcett JJ et al (2010) Private international law. Oxford University Press,
Oxford
Cohen D (1989) La Convention européenne des droits de l’homme et le droit international privé.
Rev crit dr int priv 78:451–483
de Boer Th M (2010) Living apart together: the relationship between public and private
international law. NILR 57:183–207
De Ly F (2011) Arbitration and the European convention on human rights. In: Lévy L, Derains Y
(eds) Liber Amicorum En L’honneur de Serge Lazareff. Pedone, Paris, pp 181–205
Exploring the Variety of Random
Documents with Different Content
 Linguistics - Mind Map
Second 2021 - Academy

Prepared by: Instructor Brown

Date: July 28, 2025

Part 1: Study tips and learning strategies

Learning Objective 1: Assessment criteria and rubrics
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 1: Diagram/Chart/Graph]
Learning Objective 2: Current trends and future directions
• Assessment criteria and rubrics
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- Example: Practical application scenario
- Note: Important consideration
Learning Objective 3: Theoretical framework and methodology
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[Figure 3: Diagram/Chart/Graph]
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[Figure 7: Diagram/Chart/Graph]
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Module 2: Current trends and future directions
Remember: Critical analysis and evaluation
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 11: Diagram/Chart/Graph]
Important: Comparative analysis and synthesis
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Learning outcomes and objectives
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Critical analysis and evaluation
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Statistical analysis and interpretation
• Case studies and real-world applications
- Sub-point: Additional details and explanations
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Practice Problem 15: Assessment criteria and rubrics
• Comparative analysis and synthesis
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Formula: [Mathematical expression or equation]
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[Figure 18: Diagram/Chart/Graph]
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[Figure 20: Diagram/Chart/Graph]
Module 3: Best practices and recommendations
Note: Current trends and future directions
• Assessment criteria and rubrics
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[Figure 21: Diagram/Chart/Graph]
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• Practical applications and examples
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[Figure 25: Diagram/Chart/Graph]
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- Example: Practical application scenario
[Figure 26: Diagram/Chart/Graph]
Important: Learning outcomes and objectives
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Statistical analysis and interpretation
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Theoretical framework and methodology
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Learning outcomes and objectives
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Appendix 4: Key terms and definitions
Example 30: Best practices and recommendations
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Fundamental concepts and principles
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 32: Critical analysis and evaluation
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 33: Diagram/Chart/Graph]
Example 33: Comparative analysis and synthesis
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 34: Learning outcomes and objectives
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Best practices and recommendations
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Learning outcomes and objectives
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Assessment criteria and rubrics
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 38: Best practices and recommendations
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 39: Diagram/Chart/Graph]
Note: Research findings and conclusions
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Introduction 5: Literature review and discussion
Remember: Research findings and conclusions
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 41: Fundamental concepts and principles
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 42: Diagram/Chart/Graph]
Example 42: Best practices and recommendations
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 43: Fundamental concepts and principles
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Statistical analysis and interpretation
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Best practices and recommendations
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Example 46: Theoretical framework and methodology
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Remember: Case studies and real-world applications
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Key terms and definitions
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Best practices and recommendations
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Background 6: Statistical analysis and interpretation
Important: Assessment criteria and rubrics
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Historical development and evolution
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 52: Fundamental concepts and principles
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 53: Practical applications and examples
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Note: Fundamental concepts and principles
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Statistical analysis and interpretation
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 56: Research findings and conclusions
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Literature review and discussion
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Study tips and learning strategies
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Study tips and learning strategies
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 60: Diagram/Chart/Graph]
Unit 7: Current trends and future directions
Note: Key terms and definitions
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Research findings and conclusions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 62: Diagram/Chart/Graph]
Definition: Experimental procedures and results
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Statistical analysis and interpretation
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 64: Assessment criteria and rubrics
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Experimental procedures and results
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Practical applications and examples
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 67: Diagram/Chart/Graph]
Definition: Theoretical framework and methodology
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 68: Current trends and future directions
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 69: Diagram/Chart/Graph]
Remember: Assessment criteria and rubrics
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Part 8: Ethical considerations and implications
Important: Learning outcomes and objectives
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Note: Learning outcomes and objectives
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Study tips and learning strategies
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Key terms and definitions
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 74: Diagram/Chart/Graph]
Note: Research findings and conclusions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Learning outcomes and objectives
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Ethical considerations and implications
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 77: Fundamental concepts and principles
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Practical applications and examples
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Literature review and discussion
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Discussion 9: Best practices and recommendations
Remember: Case studies and real-world applications
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 81: Problem-solving strategies and techniques
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Case studies and real-world applications
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 83: Diagram/Chart/Graph]
Definition: Case studies and real-world applications
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Study tips and learning strategies
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Historical development and evolution
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Key terms and definitions
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Interdisciplinary approaches
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Key terms and definitions
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 89: Theoretical framework and methodology
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Methodology 10: Case studies and real-world applications
Definition: Learning outcomes and objectives
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 91: Interdisciplinary approaches
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Case studies and real-world applications
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
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