Dissertation Topics ideas for International Public and Private Law

Titles for International Public and Private Law in Dissertation

International law encompasses a wide range of topics, including the law of armed conflict,

self-determination, and human rights. Essentially, the field is concerned with a collection of

laws, norms, and standards that are universally accepted by countries.

Public International Law

Public law, which is similar to constitutional law, effectively guarantees that the public-state

relationship is controlled so that the government does not abuse its powers or manipulate

people. The foundations of the UK constitution, Parliamentary Sovereignty, transparency,

and judicial review are all included in this field of law.

We've compiled a list of dissertation subjects and proposals on international public and

private law for you to consider. You are free to use these ideas as inspiration for your own

law dissertation topics.

Titles for Dissertation

1. In order to preserve Member States' intrinsic autonomy, to what degree should the

doctrines of Horizontal and Direct Effect be reconsidered?

The conflict between EU law's dominance and member states' sovereignty will be explored in

this dissertation subject. As a result, it will track the evolution of ECJ case law from Costa v

ENEL (Case 6/64) RCR 585 to Van Gend en Loos (Case 26/62) [1963] ECR 1 and

Amministrazione delle Finanze dello Stato v Simmenthal (Case 106/77) [1989] ILRM 53 and

beyond. It will then conduct a case law analysis to assess the impact of the dispute on the

legislative structures of Ireland and the United Kingdom, and decide if the ECJ's decision

should be reconsidered.

2. To what extent can a person impose EU law on their own?

The citizens' rights to enforce EU law, which varies in applicability, will be the subject of this

dissertation issue. As a result, the forces of Article 267 and the van Colson (Case -14/83) will

be considered in this review. The Francovich (Case C-48 9/90) damages privileges would

then be examined. Shoppenstadt's Formula (Brasserie de Pecheur C-46; Headley Lomas C-

5/94) provides for this in Article 340(2). It will then consider the impact of the Pupino Case

(Case C-105/03, Criminal Proceedings Against Maria Pupino) on the application of EU law

against private persons. Finally, it will look at the right of standing to apply for judicial

review directly to the ECJ under Article 263 TFEU. As a result, this examination will include

a thorough examination of the citizen's right to enforce EU law and determine if change is

needed.

3. Will Member States legally limit or ban the free flow of goods?

Quantitative constraints and all equivalent measures on the free flow of goods are prohibited

under Article 34 TFEU (Article 28 EC) and Article 35 TFEU (Article 29 EC). Articles 34 and

35 are, however, eligible by Article 36 TFEU (Article 30), which makes exceptions for

reasons of public concern, such as public health, national security, or morality. As a result,

the Member State must either demonstrate that a possible limitation has no inhibitory effect

or that it comes under Article 36 TFEU. Geddo v Ente Nationale Risi [1973] ECR 865

identifies the approach taken under Article 34 as a rigid interpretation with little leeway. The

issue is that there has been debate on how the proposal should be made; as a result, this

article will focus on the decision in C-110/05 Commission v Italy [2009] 2 CMLR 34 and

other recent cases involving the application of restrictions.

4. To what degree has ECJ jurisprudence been active in creating a unified market

centered on the Four Freedoms?

This dissertation topic will look at the four freedoms, as well as the case law surrounding

each one, to see if a single market has emerged. It will mainly include a case law analysis in

which the ECJ's approaches to each freedom will be compared. It will also consider whether

the market has resulted in the creation of a social union.

5. In international family and property law conflicts, conflict of laws can be a problem;

to what degree can jurisdictional standards be harmonized internationally?

The treatment of relatives, divorce, and will conflicts under international conflict of laws

rules will be the focus of this dissertation subject. As a consequence, depending on the

essence of the property and/or conflict, different laws can be applicable to the same situation.

This raises the question of whether a general harmonization of jurisdictional rules is needed

in this field (if possible).

Conclusion

International law, in principle, allows states to have more stable, reliable, and organized

relations. However, as can be seen, these rules and standards often clash, making

international law an arena that is continually changing to meet the demands and challenges of

the modern world.

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References

1. Kozien, A. (2021). Contemporary challenges of cultural heritage management by public and

private entities. Economic and Social Development: Book of Proceedings, 144-154.

2. Cosandey, F. (2021). What is the boundary between public and private? Some reflections,

based on the royal domain. L’Atelier du Centre de recherches historiques. Revue électronique

du CRH, (22 bis).

3. De Chazournes, L. B. (2021). Fresh water in international law. Oxford University Press.

4. Torremans, P. (2021). Intellectual property and the EU rules on private international law:

match or mismatch?. In EU Copyright Law. Edward Elgar Publishing.