law phd research proposal sample

• School of Law
• Postgraduate

Writing a PhD research proposal

The following guidance has been compiled to help you submit a high quality application that is targeted to the research strengths of The School of Law.

Choosing a research topic

PhDs are supposed to contain an element of originality and innovation. Originality need not mean that you explore a wholly new concept. For instance, it might also include applying new methods or new theories to existing scholarship on the topic. They also need to be backed up by logically reasoned evidence and argument – whether that is provided by theoretical or empirical sources.

The types of thesis that could be constructed:

An analysis of a specific area of law or criminology on which there is no significant existing literature. The lack of existing literature may be explained by the relative newness of the body of law and/or creation of institutions; or the previous lack of attention given to the practical impact of the chosen area of study. A thesis in this area might attempt to describe, explain and rationalise the development of this particular area of law and/ or critically analyse the content of the legal system being researched.

An analysis applying, analysing, or evaluating existing studies in a new context. For instance, one might extend a study of one jurisdiction to another, providing comparative evidence that tests the applicability of existing research and enables the existing theory to be challenged, reconsidered, or expanded upon.

An empirical study of  an area of law or criminology where there is existing doctrinal, conceptual, or theoretical literature, but limited empirical evidence to test those doctrines, concepts, or theories. Such an empirical study would still require a degree of originality but would be academically interesting if it offers a view of the area of study not previously attempted and/or allowed for an appraisal of the effectiveness of the law as it currently stands and is organised.

An in-depth critical study of a specific aspect of law or criminology. Such an examination may consist solely or mainly of library based or theoretical work, or include an element of socio-legal research. As well as recognising existing literature, such an approach needs to make clear how this project would build on and add to that work. The answer may be that the area of law or criminology has evolved or the work itself takes a very different approach to analysing the problem.

Before drafting a research proposal it is a good idea to consult with any academic contacts you already have for their feedback.

The Research Proposal

Applications must include an outline research proposal. If a proposal is submitted without a proposal it will be automatically rejected.

The application asks you to give a description of your research project, including the research questions to be addressed, the methodology to be used, the sources to be consulted and a brief timetable. Your proposal should be included in the application as a separate attachment, and distinguished from your supporting statement (if you include one).

There is no set format or page length for proposals, although to keep the proposal concise and clear while still providing enough information, we recommend limiting yourself to 1,500-2,500 words. Within your application it is useful to identify and bear in mind some or all of the following points:

It is important that you demonstrate clearly the area that you intend to research and provide some indication that you are already knowledgeable in the area that you intend to research. This can be achieved through suitable references and/or by supplying a bibliography to support your application.

Research is about more than collating knowledge already in the public domain. Within your application you should indicate how you intend to add to the knowledge that you will be uncovering. Examples of potential aims include: adding to existing theory; disproving previous understandings; a critique of the current legal position; a defended positive/negative prognosis of the impact of a new legal provision; new empirically obtained findings. You may find it helpful to express your research aims as questions to be answered, or as aims to fulfil by doing the research. Try to limit the number of aims of your study as much as possible.

A research application is more likely to be accepted if you can demonstrate that it has relevance and academic merit. Ultimately PhDs are awarded where a piece of work can demonstrate some originality and innovation. This should be explained within your application.

It is rare for an entirely original piece of research to be written. Therefore, the links with existing research should be made clear, as should the possibilities your work might open up for future research. You should provide some background to the research, exploring the wider literature and making as clear as possible what makes your proposed research original in the context of that literature.

In other words, how do you intend to undertake the research? Methods may include reviewing library-based resources or empirical research. If the latter, then what form – e.g. quantitative or qualitative analysis, and what evidence can you provide that you have the skills to undertake such research. These methods should be carefully considered in relation to the research aims and questions you are seeking to address in the proposed research.

You must consider the partnerships, knowledge exchange and impacts associated with your proposed research. If you already have collaborative arrangements in place with relevant external stakeholders then you should describe these and potentially also provide letters of support, in principle, if you have them. You should consider the likely impacts of your proposed research and how these will be achieved, as well as your plans for disseminating your research findings beyond academia.

If you are applying for WRDTP or WRoCAH scholarships, it is essential that you consider how your proposed research fits in with the research pathways or clusters of these two funders. The quality of your scholarship application will be judged partly by the fit of your research within these pathways or clusters.

Your application should not be too unrealistic as to what can be delivered. It is also wise to predict the likely challenges that you will face in undertaking the research and suggest ways in which those challenges can be overcome.

What to avoid

Research proposals should not be viewed as binding contracts. Most first-year PhD students adapt their research proposal once they start studying the topic in more depth and working with their supervisor. Nevertheless, a PhD proposal should amount to a coherent, intelligent, realistic and relatively well thought-out idea of an area of potential research.

The following errors should be avoided if possible:

Simplistic descriptions of an area of study should be avoided – eg ‘I want to research EU law’. The specific focus of the research must be clear.

Offer to review or analyse an area of law on which there is already a significant existing literature. PhDs should be attempting something more than bringing together knowledge that already exists.

Develop a research proposal primarily because the topic is or has been fashionable. Topics such as the legality of the war in Iraq, the operation of the International Criminal Court or the Human Rights Act 1998 remain extremely important areas of academic study, but as a PhD student it is going to be very difficult to say anything interesting, new or original about these topics.

Avoid trying to resolve grand problems in one thesis. The best research proposals tend to focus on discrete and well-confined subject areas.

Relying upon a comparison to provide the intellectual component of the proposal, whether that is a comparison between different institutions, different bodies of law or different countries. Comparative research proposals are worthy if properly thought out. If the comparison is between different legal systems for instance, in the submission it needs to be made clear why that comparison could be a useful one and what can be learnt from the comparison. For instance, you may be undertaking research in the UK and from Botswana, but that does not mean that there are any valid reasons why comparing the UK to Botswana is actually worthwhile in your subject area.

Relatedly, you should consider the research expertise of supervisors at the University of Sheffield, and the value that studying at Sheffield adds to your research. Generally a PhD submitted in a UK university should contribute to knowledge about the UK, or about global/international issues. If you want to research another country of jurisdiction, you need to provide a credible reason for why Sheffield is a good place to undertake that study, as opposed to an institution in that country.

Make sure that your methodology is as clear and specific as you can make it at this early stage. Proposals that say, “I will use qualitative methods” are unlikely to succeed because they suggest an ignorance of the diversity of qualitative methods. Ideally, you should be able to say something about: 

the methods you will use (e.g. surveys, documentary analysis, interviews, observation, ethnography, audio-visual methods...); 

the target populations of your research (eg, a study of criminal courts might seek to recruit judges, lawyers, ushers, defendants, police officers, or other actors. Which groups do you want to participate in your research, and why? The answer to this question should bear some relation to your research aims); and, 

If possible, the approximate number of participants you want to recruit for each method (for instance, you might want to conduct 10-15 interviews with each of two groups of participants, or to survey 500 people) and how they will be accessed/recruited. Try to be realistic about how long empirical research takes, and how many research participants it is possible to study.

How these chosen methods are likely to illuminate the research questions of the proposed research

Ethical considerations of the research in relation to things like informed consent, anonymity, the safeguarding of researchers and participants

It may not be possible to say much at this stage, but the more details you can provide, the clearer it will be that you have thought seriously about your research project, and the easier it will be for the School of Law to evaluate its feasibility.

Positive steps to take

When we make an offer we will do so on the basis of various considerations. Making an effort to foreshadow those considerations in your application is a good idea. It is advisable to submit a supporting statement alongside the research proposal. Issues to consider include:

Why did you choose to apply to the University of Sheffield?

Can you provide any evidence to suggest that you are capable of completing an extensive piece of research and have the character to undertake three years of study, on a relatively low income and with only supervisory support?

Does the research proposal fit into one of the areas in which the Law School has a speciality ? Often a proposal only needs minor adaptation to fall within an area the School can supervise, but to improve your chances of success it is worthwhile reviewing the academic profile of the various staff in the Law School before you submit an application.

If you are able, it would be helpful to have a look at some past PhD theses in your own area of interest which have been successfully submitted at a UK university. Most UK universities have copies in the library of all past successful PhDs, either as physical copies or in an online repository. 

The online application form requires you to provide some standard information about yourself and your past academic performance. Please ensure that this information is correct and that you provide evidence to support your qualifications.

The references that your referees provide are important sources of information for us. Wherever possible, it is helpful to provide (where possible) a reference from at least one academic who is aware of your research potential and has read some of your work.

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Sample PHD Law Dissertation Proposal

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Thesis Proposal

Are we participating collectively in the violation of human rights, constructing legal discourse at the un security council related to refugee crisis and countries’ refusal to enter migrants., introduction.

It is difficult to pinpoint the precise origin of the recent migration crisis that is currently engulfing Europe. Still, the migrant that fell from the sky on 9th September 20101 to enter Europe and then later on the images of Aylan Kurdi, a three-year-old boy washed up on a Turkish beach in 20152 foreshadowed a phenomenal crisis of a much larger scale which has presumably shaken European integration at its very centre.

According to the recent reports United Nations High Commissioner for Refugees, there is currently a mass movement of millions of refugees and migrants attempting to flee from conflict areas such as Syria, Afghanistan, and Iraq into European countries since 20153. The migrant crisis has generated an excessive disruption and disunity in the European Union and its member states to handle ongoing arrivals.

However, the crisis is primarily and principally a humanitarian cataclysm of a kind that Europe has not witnessed since the 1930s and 1940s4. Images from Greece and Turkey portray the magnitude and enormity of the human costs related to the growing crisis at a drastic rate even at this writing5. This paper proposes to argue that this particular humanitarian crisis and the methods with which European Union (EU) member states are dealing with the situation points to collectively violating human rights.

The collective violation of such human rights for migrants and refugees stems from deeply embedded and unresolved EU’s governance issues. As the EU and its member states are struggling with the pressure of mass migration of displaced persons, the treatment of these refugees and migrants exposes what can only be seen as the calamity of core European values. The

1 “Heathrow Stowaway Who Fell to Death Identified as Mozambican Migrant | World News | The Guardian”  <https://www.theguardian.com/world/2016/jan/10/heathrow-stowaway-who-fell-to-death-identified-as-mozambican-migrant>  accessed November 22, 2016.

2 “Image of Drowned Syrian Boy Echoes Around World – WSJ”  <http://www.wsj.com/articles/image-of-syrian-boy-washed-up-on-beach-hits-hard-1441282847>  accessed November 22, 2016.

3 Eurostat, “Asylum Quarterly Report – Statistics Explained”  https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Asylum_quarterly_report  accessed November 22, 2016.

4 Justin Borg-Barthet and Carole Lyons, “The European Union Migration Crisis” (2016) 20 Edinburgh Law Review 230.

5 United Nations High Commissioner for Refugees (“UNHCR”), Refugees/Migrants Emergency Response- Mediterranean (20 November 2016) http://data.unhcr.org/mediterranean/country.php?id=83; accessed November 21, 2016.

Treatment of such people exposes the shortcomings in implementing fundamental European rights and humanitarian law, international human rights, and EU’s neighbourhood policy.

Central Research Questions

The migrant crisis in Europe is ongoing and will continue to grow until and unless policy measures are taken by the EU and the United Nations General Council. The UN Security Council plays a more active role in the crisis and its root cause. Therefore, the major research questions that arise include the following;

Is the International community, specifically the EU and UK, collectively violate human rights against refugees?.

Subsequent questions that build upon the main research question are;

1. Are the measures implemented by EU member states and UK governments that limit refugees’ movement legal?

2. What is the distinction between refugees and migrants? What term is best to describe the individuals involved in the EU and the UK’s mass movement?

3. Do “migrant caps” violate international law?

4. What is the impact of interpretations of Article 33 of the 1951 Refugee Convention6 regarding refugee rights and protection against refoulement7?

5. How can the UN Security Council play an active role in enforcing international law protecting refugees while also resolving the root cause of the issue leading to the migrant crisis?

6. How can legal discourse be developed with the UN Security Council to tackle refugees’ refusal to EU countries?

Proposed Methodologies

The proposed research aims to follow the characteristics of descriptive study methodology while utilising the positivist approach as a research paradigm. This research method accurately describes a given phenomenon and determines associations between different dimensions of the phenomena8. A descriptive study is concerned with describing the characteristics of a specific

6 Duncan Sim, “Experiences of ‘Post-Status’ Refugees: Evidence from Glasgow” (2012) 79 (First Serie Scottish Affairs 82.

7 Nikola Stojanovic, “Crisis in the Mediterranean Neighbourhood: A Test for the European Union Migration Policy” (2015) 67 Medjunarodni problem 328

8 CG Wren and JR Wren, “Teaching of Legal Research, The” [1988] Law Libr. J.

Individual or phenomenon with the aim of the detailed description of different aspects of it9. It is often defined as a fact-finding study coupled with adequate interpretation using presupposed prior knowledge of the issues being investigated.

The method of conducting legal research is also implemented to conduct the proposed study, which includes the following steps;

1. Preliminary Analysis

2. Investigation of Secondary Sources

3. Locating and Analysing Primary Authorities

4. Interpretations of Sources

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Principle Issues: Ethical, Moral, and Legal Issues

Principle Issues: Ethical, Moral, and Legal Issues One of the main ethical issues that arise from the refugee crisis is the moral obligation of developed countries in accepting refugees. The current study analyses this moral obligation using deontological ethics and the United Nations Convention Relations to the Status of Refugees (1951)12.

The Refugee convention sets up two normative obligations for states:

1. Obligations related to actions required by the states when asylum seekers arrive on their territory13.

2. Obligations towards refugees who have fled home countries and currently reside in refugee camps or informal settlements14.

Based on the preliminary review of available literature, there is an asymmetrical view of the two sets of obligations. The former is stronger and widely recognized than the latter. This is because signatories of the Refugee Convention have no obligation to fund refugees’ protection, and any contribution to the issue is considered strictly voluntary15. This voluntary stance needs to be analyzed based on international law and ethical theories such as deontology to comprehend how this stance leads to the collective violation of human rights, defined and legally agreed upon. There is also the absence of moral and legal obligations to refugees that reach EU states, specifically regarding discrepancies arising from burden-sharing.

9 L Sossin, “Discourse Politics: Legal Research and Writing’s Search for a Pedagogy of Its Own” [1994] New Eng. L. Rev.

10 C Alexander and AJ Burke, “How to Locate Educational Information and Data.”

11 CG Wren and JR Wren,” Teaching of Legal Research, Th” [1988] Law Libr. J.

12 Resolution 2198 (XXI), United Nations General Assembly

13 Catherine Dauvergne, Making People Illegal: What Globalization Means for Migration and Law (reprint, Cambridge University Press 2008) p. 125

14 Ibid. p. 126

15 Anna Sergeevna Matveevskaya,””Modern Trends of EuropeanUnion’ss Migration Polic”” (2016) 0 Krasnoyarsk Science 29.

16 Sergio Carrera, Leonhard D Hertog, and Joanna Parkin,” EU Migration Policy in the Wake of the Arab Spring: What Prospects for EU-Southern Mediterranean Relations” ”

Burden sharing refers to the Global South17 playing a larger role in hosting refugees than Western democracies responsible for essentially funding this scheme in which 87 percent of refugees are hosted in the Global South. In contrast, less than one percent of refugees are resettled in Western countries18. Lastly, there is no morally or legally accepted obligation to resettle refugees, with a majority remaining in protracted refugee situations in the Global South, primarily in the long-term encampment, which has turned into a de facto solution to the global refugee crisis.

The proposed study can be defined as interdisciplinary in terms of combining international law with political science, international relations, and human rights to explore and discuss the current issues faced under the refugee crisis. Political science and international relations theories give rise to four primary schools of thought: realism, liberalism, institutionalism, and constructivism19. These four mains schools examine through an interdisciplinary approach to examine the content of legal rules and institutions to explain legal institutions” origins and their effectiveness.

The methods have resulted in legal scholars reconceptualizing international law from a more general perspective. The proposed study uses the international legal process theories to conduct research and answer the developed research questions. The classical global legal technique is studying how international law is practically applied, functions with international policy, and studies how international law can be improved.

According to O’Connell (1999)20, the classical International Legal Proces” “concentrates not so much on the exposition of rules and their content regarding how makers of foreign policy national legal rule”.” This particular theory is also used to measure the extent to which individuals are held accountable for abuses in international conflicts. The proposed study will base its premises most heavily on liberalism, the school of thought which revolves around three interrelated principles;

1. Rejection of power politics as the only possible result of internal relations while also questioning realism principles, especially security and warfare21.

2. Emphasize mutual benefits and international cooperation22.

https://www.researchgate.net/publication/256031941_EU_Migration_Policy_in_the_Wake_of_the_Arab_Spring_What_Prospects_for_EU-Southern_Mediterranean_Relations

17 Reference to countries of the rest of the world mostly located in the Southern Hemisphere, such as Turkey, which holds the largest refugee population as of 2016.

18 Yasin Kerem Gumus” “What Explains Differences iCountries’s’ Migration Policie”?” (2016) 4 International Journal of Research in Business and Social Science (2147-4478) 51.

19 J Samue Barkin, “Realist Constructivism” (2003) 5 International Studies Review 325.

20 Ibid. p. 326

21 M La Caze” “At the Intersection: Kant, Derrida, and the Relation Between Ethics and Politi”s” (2007) 35 Political theory 781.

22 Ibid. p. 781

3. Uses international organizations and non-governmental actors for shaping state preferences and policy choices23. Under this thought, international institutions such as the UN Security Council, a primary component for the current study, play a crucial role in cooperation among states. The present study will also implement the theory of institutional liberalism to formulate arguments. This modern international relations theory claims that international institutions such as United Nations and European Union can increase and aid cooperation between states24. Using this theory, states will be treated as rational actors operating in an international political system while no hierarchy is enforced.

23 Ibid. p. 782 24 Ibid. p. 782

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Bibliography.

Alexander C and Burke A “How to Locate Educational Information and Data”  <http://agris.fao.org/agris-search/search.do?recordID=US201300333537>  [Accessed 10th November 2016]

Anna Sergeevna Matveevskaya, “Modern Trends of European Union’s Migration Policy” (2016). Krasnoyarsk Science 29.

Barkin JS, “Realist Constructivism” (2003) 5 International Studies Review 325

Berring R and Heuvel K, “Legal Research: Should Students Learn It or Wing It” (1989). Law Libr. J.  <http://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/llj81&section=44>  [Accessed 15th November 2016]

Borg-Barthet J and Lyons C, “The European Union Migration Crisis” (2016). 20 Edinburgh Law Review 230

Catherine Dauvergne, Making People Illegal: What Globalization Means for Migration and Law (reprint, Cambridge University Press 2008)

Carrera S, Hertog LD and Parkin J, “EU Migration Policy in the Wake of the Arab Spring: What Prospects for EU-Southern Mediterranean Relations?”

Cohen M, Berring R and Olson K, “How to Find the Law” (1983)

Duncan Sim, “Experiences of ‘Post-Status’ Refugees: Evidence from Glasgow” (2012). 79 (First Serie Scottish Affairs 82.

Eurostat,“Asylum Quarterly Report – Statistics Explained”  https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Asylum_quarterly_report  accessed November 22, 2016 Gumus YK, “What Explains Differences in Countries’ Migration Policies?” (2016).

Gumus YK, “What Explains Differences in Countries’ Migration Policies?” (2016). 4 International Journal of Research in Business and Social Science (2147-4478) 51

“Heathrow Stowaway Who Fell to Death Identified as Mozambican Migrant | World News | The Guardian” (2016)  <https://www.theguardian.com/world/2016/jan/10/heathrow-stowaway-who-fell-to-death-identified-as-mozambican-migrant>  [Accessed 20th November 2016]

“Image of Drowned Syrian Boy Echoes Around World – WSJ” (2016).  <http://www.wsj.com/articles/image-of-syrian-boy-washed-up-on-beach-hits-hard-1441282847>  [Accessed 14th November 2016]

La Caze M, “At the Intersection: Kant, Derrida, and the Relation Between Ethics and Politics” (2007). 35 Political theory 781

Matveevskaya AS, “Modern Trends of European Union’s Migration Policy” (2016). Krasnoyarsk Science 29

Shores L. and Focke H., “Basic Reference Sources” <http://alagappauniversity.ac.in/downloads/examinations/modelQP/Dec2010DDE/CCLIS.doc> [Accessed 10th November 2016]

Sossin L, “Discourse Politics: Legal Research and Writing’s Search for a Pedagogy of Its Own” (1994). New Eng. L. Rev.

United Nations High Commissioner for Refugees (“UNHCR”), Refugees/Migrants Emergency Response- Mediterranean  https://data2.unhcr.org/en/situations/mediterranean?id=83  [Accessed 18th November 2016]

Wren C and Wren J, “Teaching of Legal Research, The” (1988). Law Libr. J.

Frequently Asked Questions

How to write an undergraduate dissertation proposal.

To write an undergraduate dissertation proposal:

• Choose a research topic.
• Outline objectives and research questions.
• Describe methodology and data sources.
• Provide a brief literature review.
• State significance and potential outcomes.
• Include a timeline and list of references.

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University of Bristol Law School

How to write a phd proposal.

We are delighted to consider applications for PhD research. We have a fantastic, diverse and energetic student body who are making the most of fabulous resources for postgraduate students. We welcome you to join us.

In order to help you with your application, the information below aims to give some guidance on how a typical research proposal might look.

Please be aware that if you are applying for   ESRC funding  then the proposal  must be no longer than 1,300 words ,  and if you are applying for  University of Bristol Postgraduate Research Scholarship  then the proposal  must be no longer than 1,000 words (incl. footnotes).

Your aim here is to showcase your ability to carry out postgraduate research. PhD research often travels and what you apply to study for may differ from your ultimate PhD. It is perfectly acceptable for research to move over time in response to findings or changes in preference/supervision.

Please note:  we do not generally have the expertise to supervise PhD proposals that are exclusively in a jurisdiction outside UK, EU or international law. We have many expert supervisors in comparative, international and regional law but if your proposal is only to study the law in your home country, we may not be able to offer you supervision even if you meet the admission requirements.

Title. A short, indicative title is best.

Abstract. This is a succinct summary of your research proposal that will present a condensed outline, enabling the reader to get a very quick overview of your proposed project, lines of inquiry and possible outcomes. An abstract is often written last, after you have written the proposal and are able to summarise it effectively.

Rationale for the research project. This might include a description of the question/debate/phenomenon of interest, and the context(s) and situation in which you think the research will take place; an explanation of why the topic is of interest to you; and an outline of the reasons why the topic should be of interest to research and/ or practice (the 'so what?' question).

Issues and initial research question. What legal or governance question(s) do you intend to investigate? (This may be quite imprecise at the application stage); what might be some of the key literatures that might inform the issues (again, indicative at the application stage); and, as precisely as you can, what is the question you are trying to answer? A research proposal can and should make a positive and persuasive first impression and demonstrate your potential to become a good researcher. In particular, you need to demonstrate that you can think critically and analytically as well as communicate your ideas clearly.

Intended methodology. How do you think you might go about answering the question? At Bristol we supervise an incredibly wide range of PhDs, including doctrinal, theoretical, empirical, historical, comparative or policy-focused work. Even if your methods are, for example, doctrinal, please do make this clear and give some indication why you think this is the best methodology for your proposed study. If you have a key theorist in mind, do please outline this in your application, together with some understanding of any critiques that have been raised. If you are planning to do empirical work, do please give some indication of what your methods might be (quantitative (surveys, statistics etc); qualitative (interviews, ethnography etc)

Expected outcomes and impact. How do you think the research might add to existing knowledge; what might it enable organisations or interested parties to do differently? Increasingly in academia (and this is particularly so for ESRC-funded studentships) PhD students are being asked to consider how their research might contribute to both academic impact and/or economic and societal impact . This is well explained on the ESRC website if you would like to find out more.

Timetable. What is your initial estimation of the timetable of the dissertation? When will each of the key stages start and finish (refining proposal; literature review; developing research methods; fieldwork; analysis; writing the draft; final submission). There are likely to overlaps between the stages.

Why Bristol? Why –specifically - do you want to study for your PhD at Bristol? How would you fit into our research themes and research culture (please see the ’10 reasons to study for a PhD at Bristol’ section on the website for more information). You do not need to identify supervisors at the application stage.

Bibliography. Do make sure that you cite what you see as the key readings in the field. This does not have to be comprehensive but you are illustrating the range of sources you might use in your research.

Scholarships

A  number of scholarships  are available to study for a PhD at Bristol. You can see more information regarding scholarships on our  fees and funding  page. If you have any questions about which scholarship to apply for and how your research might fit in please contact the PGR Director, Yvette Russell   [email protected] .

Tips on writing a successful application

Ph.D. Admission

Applications will be accepted in the fall of 2023 for study to commence in the fall of 2024. The application deadline is December 15, 2023, but the Admissions Committee will begin to review each application when it is complete. Applications must be submitted via Yale University's Graduate School of Arts and Sciences application website.

• Personal Statement (500-1000 words) The personal statement should describe the applicant’s motivations for pursuing the Ph.D. in Law degree and should describe the applicant’s qualifications to undertake the proposed course of study, especially qualifications that are not evident from the applicant’s CV.
• Research Proposal (1000 words) The research proposal should describe the project that the applicant plans to undertake as a dissertation. The proposal should describe the project’s scope, its scholarly significance and research methodology, including any source materials on which the project will rely or any empirical research that the applicant intends to undertake. The research proposal need not be as fully developed as a dissertation prospectus, and projects are expected to evolve over the course of students’ time in the program. Nonetheless, applicants are expected to have a clear sense of the general research project that they will undertake.
• Writing Sample The writing sample should be a piece of legal scholarship authored solely by the applicant. Ideally, the writing sample should be on a subject related to the applicant’s proposed research project. Submitted writing samples should be no more than the equivalent of 30-published pages in length (15,000 words)—an excerpt from a longer work may be used.
• Letters of Recommendation Applicants will be asked to identify three individuals willing to write letters of recommendation on their behalf. Recommenders will then receive an email with instructions about how to submit letters directly to the Graduate School. Applicants should choose recommenders who are best situated to evaluate an applicant’s past academic work and potential to produce first-rate legal scholarship. The Ph.D. Admissions Committee strongly recommends that at least two recommenders hold academic appointments at a law school.
• Test Scores The applicant will be asked to self-report his or her LSAT score; scores from any administration of the exam will be accepted. Prior to matriculation, those admitted to the Ph.D. in Law program will be required to provide formal confirmation of the self-reported score.
• Transcripts The applicant will need to upload records of academic performance to the online application prior to submission. No transcripts should be mailed. This upload may be in the form of a scanned copy of the applicant's transcript or academic record. If the transcript is in a language other than English, the applicant will also need to provide an English translation of the transcript. The translation must be certified to be an accurate translation of the original and be notarized or otherwise authenticated. The translation and the original transcript can then be uploaded to the application.
• Curriculum Vitae The applicant should submit a curriculum vitae listing all academic honors and awards, publications and presentations, and other professional accomplishments.
• Application Fee Each applicant must pay the application fee in the amount and manner required by the Graduate School.

Previous applicants who were not admitted to the Ph.D. in Law program and who wish to reapply must submit a completely new application and pay the application fee. Applicants who have been denied admission three times may not submit further applications.

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Doctor of Philosophy in Laws (PhD)

The PhD in Laws is the most advanced degree awarded by the University. Students are required to conduct extensive research and write a thesis of publishable quality making an original contribution to knowledge, under the guidance of a member of CUHK LAW. Only a limited number of places are available each year and placement is highly competitive.

No. You will need to apply separately for each Programme as applications for admission into either MPhil or PhD Programme will be  processed independently.

You are strongly encouraged to apply by 1 December. We encourage you to send us your application and supporting materials as early as possible. While you can apply until 31 March in the following year, most (if not all) of research students are usually selected from the main round of applicants who submitted their applications by 1 December.

CUHK LAW assigns supervisors to each successful applicant based on the applicant’s areas of interest and the supervisor’s availability. You do not need to mention your preferred supervisor at the application stage. However, if you have based your application on what you hope will be supervised by a specific person, it will be helpful to name that person. Although there can be no guarantee that successful applicant will be assigned the supervisor of choice, CUHK LAW will make an effort to do so when the choice   is reasonable.

Yes. Postgraduate studentships, valued at HK$18,025 per month for the 2022-23 academic year, may be awarded to full-time research postgraduate students who are within their normative study period. Students receiving postgraduate studentships are expected to assist in the teaching and research work of CUHK LAW.

Further information on financial aid can be found at the University’s Graduate School website .

Yes. A student who has registered in a research master’s programme and has completed the first year of studies may be permitted, on the recommendation of the Graduate Division concerned and with the approval of the Graduate Council, to transfer to a research doctoral programme provided that the student meets the admission requirements of the doctoral programme concerned. The period of study of a student changing from research master’s to research doctoral in the same field of study shall count from the commencement date of his/her research master’s studies.

Yes. Postgraduate studentships, valued at HK$18,360 per month for the 2023-24 academic year, may be awarded to full-time research postgraduate students who are within their normative study period. Students receiving postgraduate studentships are expected to assist in the teaching and research work of CUHK LAW. Further information on financial aid can be found at the University’s Graduate School website .

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School of Law

Writing a research proposal.

• Our research students

Preparing your research proposal is the important first step to becoming a postgraduate research student at the School of Law.

The focus of your proposal will be slightly different depending on whether you wish to do a PhD or an LLM by research, but the principles of what to include and who to contact for advice are the same.

Speaking to a potential supervisor

Before you write your detailed research proposal, you may wish to contact a member of  our research staff  with knowledge of the subject area. They who should be able to advise you whether or not your proposed topic is feasible. 

This can be done prior to a formal application. 

If you are not sure who is the best person to contact, an initial enquiry can be made to our Postgraduate Administrator,  Susan Holmes .

What to include in your proposal

A proposal for an LLM by research or a PhD should not exceed 15 pages in length and is unlikely to be less than 8 pages in length.

Check the limit specified by the funding body to which you are applying.

It should include the following:

A working title

The research context.

This is the background against which your research will be carried out.

It should be a brief introduction outlining the general area of study and identifying the subject area within which your study falls. You should also refer to the current state of knowledge (i.e. what research has been done to date) and any recent debates on the subject.

You need to reference this in the same way as you would do if you were writing an essay e.g. any articles or books you refer to should have a footnote with the full details of author, title, publication date, etc.

The research issue, aims or questions

Outline the contribution that your research will make. It is normally best to do this in the form of specific aims or research questions or issues.

The importance of your proposed research

Demonstrate how your research fills a gap in existing research, by showing that it hasn’t been done before.

Explain why your research is important. It is not enough to say that this has not been studied previously, you need to explain why it is important or interesting enough to be studied.

‎Research methods

Here you need to explain how you will obtain the information necessary to write your thesis.

• Explain whether you will use secondary and/or primary sources
• Give some detail on exactly how you will obtain your information

For most law students, you will probably rely on documentary sources – information that already exists in some form e.g. journal articles, case reports, legislation, treaties, historical records.

In this case you need to say a little about how you will access these (bearing in mind that as a student of the University you will be provided with access to legal databases including Westlaw and LexisLibrary).

If yours is a comparative or international study, you will need to explain how you will obtain the relevant international materials and whether or not this will involve travel.

Some studies, however, might involve empirical research – information that is gathered through direct interaction with people and processes such as interviews, questionnaires, court observation or analysis of private records.

If you plan to undertake empirical research, you need to explain why this is an appropriate research method and give details of your planned methodology (e.g. who you hope to interview, how many interviews you will carry out).

In this section, you should also explain any special skills you have that will assist you in obtaining information, for example, if you plan to look at French law and you can read or speak French.

You should provide a very approximate timetable for the research.

For example, the timetable for a research LLM thesis comparing French law and Scots law might be:

• months 1-3 reading theoretical material and developing theoretical framework
• months 4-6 reading and analysing French materials
• months 7-9 reading and analysing Scottish materials
• months 9-12 writing up the thesis

Research proposals for a PhD

When choosing a subject for your thesis, consider the requirements for a relevant degree and whether you can stick within the time and word limits. A PhD thesis must be from 70,000 to 100,000 words including footnotes.

Consider how your study will demonstrate originality. It is not enough simply to reproduce existing knowledge. There are many ways in which you can do this – it does not necessarily require you to study something that has never been studied before in any way, shape or form. For example, you could:

• Study something that has never been studied before
• Bring new insights to an existing area of legal thought
• Work between disciplines eg. by applying philosophical, psychological or sociological analysis to legal issues
• Bring together areas of legal thought that have not been brought together before eg. use concepts from property law to analyse sexual offences
• Analyse new case law/new legislation in a particular area of law
• Identify new problems with existing case law/legislation in a particular area of law
• Undertake an empirical study to see if the law is achieving its objectives

You also need to make sure your topic is not too broad.  It is inappropriate to write a thesis that reads like a textbook.  This is not sufficiently advanced work and your treatment will be too superficial.  You need to choose something that will give you the scope both to describe and critically analyse the law.  For example, a thesis on “the law relating to criminal defences inScotland” or “a review of EC law governing the enforcement of European law in national courts of member states” would be too broad.  You would have to narrow down your topic to consideration of one particular aspect of the topic (e.g. one specific defence or one specific aspect of European law).

Recent and current PhD thesis topics have included: 

• Peacekeepers as enforcers? A legal analysis of the attribution of enforcement powers to UN peacekeeping operations in the new millenium
• The impact of the World Trade Organisation on the formulation of the anti-monopoly law of the People’s Republic ofChina
• Access to employment and career progression for women in the European labour market
• Consent to medical treatment and the competent adult
• Migratory things on or beneath land: a study of property and rights of use
• The effect of the constitutional relations betweenScotlandandEnglandon their conflict of laws relations: a Scottish perspective
• Persuasion: a historical-comparative study of the role of persuasion within the judicial decision-making process
• Law reform proposals for the protection of the right to seek refugee status in the European Community
• Historicizing the criminalization of youth

Research proposals for an LLM by research

For an LLM by research, your study should still be critical rather than simply describing the law in a particular area.

The field of study is likely to be significantly narrower than for a PhD, as it has a 30,000 word limit.

Recent and current LLM by research thesis topics have included:

• Sustainable development and urban governance in planning law
• Domestic abuse and Scots law
• Criminal liability for individuals who fail to prevent harm
• Legal and scientific evidence of torture
• The responsibility of international organisations: efforts of the international law commission

• How we work
• PhD Research

PhD Research Proposal Sample

PhD Research Proposal Sample for Your Inspiration

One of the toughest things to do when it comes to completing a voluminous and challenging PhD research project is the proposal. The thing about the PhD research proposal is that you have to encapsulate everything that you want to accomplish, communicate in a concise way what you want to do, the resources that it will require, and finally you have to convince the reader of the viability and necessity of the project. It isn’t easy to know where to begin with something like this, but with the help of a PhD research proposal example from our professional PhD writing service , it’s easier than ever! We’ve got a wide range of samples made by doctoral proposal writer that you can take advantage of to learn all the ins and outs of crafting the highest quality proposal. No matter what the subject or specifications of your proposal are, our professional example research proposal is here to provide you with the help that you need!

If you need some help with PhD investigation, you may use these samples for writing. Another smart solution is to pick a sample research proposal with comments from an expert. Such samples are just to give you some idea about writing the research proposal. However, if you are still confused or facing some time constraints to write PhD proposal, we are here to help you. Our team of experts has vast experience and expertise to write a perfect research proposal for your needs. Moreover, we can help you choose the most relevant research proposal topics , write a paper from scratch, or improve the existing one. No matter what your subject is, we have the subject specialist on every subject, who have years of experience of writing research proposals. We ensure fresh and unique work, which is 100% plagiarism free. Each student is special to us, and we ensure your personal and work details will be kept secret. We can also help you to meet your short deadlines. With the lightning-fast experts on the board, our PhD proposal writing service accepts even last-minute tasks, delivering high-quality outcomes on time or even earlier, leaving enough time for revisions and comments from your supervisor. Get your PhD research proposal without any hassle, contact us Now!

Look Through Our Well-Written PhD Research Proposal Sample

The dynamics of hyperinflation and stabilization policies – the case of zimbabwe.

The dynamics of hyperinflation and stabilization policies

The running of the country can be viewed commercially as a business enterprise by the economists. The business needs to be run in equilibrium; a balance between supply and demand must be stricken if the entrepreneur or the owner of the enterprise is to enjoy any benefits accrued by running a business. In the case of a country, it should be governed in a way that that the prices of goods and services are kept in control.  The stakeholders must not let the prices escalate beyond the ability of a typical citizen. Similarly, the release of cash into the economy should be maintained so that the flow of money is monitored and controlled, hence preserving the value of that particular currency.

This proposal will dig into inflation and find out how inflation has affected economies of a country, in particular, Zimbabwe and the ways to stabilize this condition. The dynamics of hyperinflation will also be looked into in detail to bring out the real picture and the damages it causes to an economy. The proposal will also focus on the causes of inflation in Zimbabwe and the how the theories of hyperinflation have applied in this context. The proposal will also look at the quantity theory of money and how it is associated with hyperinflation.

Introduction

Hyperinflation can be defined as a situation where the prices of goods and services escalate beyond control that the concept of inflation is an understatement. Economically, hyperinflation can be defined to occur when the total inflation over a period of three years is equivalent or exceeds 100%. Countries in hyperinflation usually experience rapid erosion of the real value of local currency prompting the population to hold a relatively stable foreign currency.

Hyperinflation makes the prices of goods and services in an economy to rise rapidly since the value of the local currency loses the real value quickly. Zimbabwe has experienced hyperinflation since 2001 with inflation rates over a whopping 100%.  However, as from 2006, inflation in Zimbabwe has risen to an uncontrollable 1500% annually. It should be observed that Zimbabwe was the only country that was experiencing hyperinflation and the first in the 21st century to have hyperinflation. Inflation in Zimbabwe has been perceived in two ways. First, the private sector speculation which the Zimbabwean authorities argue that the private sector rises up the prices intentionally to maximize profits on to pile pressure on the economy through ruthless price increments.

Secondly, the authorities also believe that the withdrawal of aids and the international economic sanctions have led to an economic decline from the year 2000. This perception has the explanation that the printing and minting of excess money by the government is usually tailored to bridge the gap between the government revenue and the actual receipts. This proposal to examine these concepts in depth.

Literature review

In this section, the Cagan (1956) hyperinflation model will be examined, where he assessed the statistical connection between cash and changes in price by conducting instances of hyperinflation in six different countries across Europe. According to Cagan, the demand for money balances declined with increase in inflation, assuming inflation played a significant role in determining hyperinflation.

Milton Friedman bases his view of hyperinflation in quantity theory of money. This theory states that the relationship between money and the price level is directly proportional.  This relationship implies that inflation will increase with an increase in money supply and the continued trend will lead to hyperinflation. In Zimbabwe, the supply of money and the prices of goods and services increased in tandem, as per the quantity theory of money because people opted to use the available cash immediately, rather than to wait on the depreciating cash. This, in turn, led to the increase of velocity as well as an increase of money through the printing of new currency, hence the exponential increase in prices of goods and services in Zimbabwe.

Methodology

This proposal will seek to clarify the mechanisms through which money, the setting of price behavior and the requirements of government revenue collaborate in Zimbabwe, to examine the explanations put forth by the authorities about the hyperinflation in Zimbabwe. To achieve this goal, the proposal will look at various models and tests that will lead to the understanding of the hyperinflation.

Granger causality test

In general, it is obvious that money engenders the rate of inflation, but the reverse could also be claimed to be true. It can be said that hyperinflation has self-perpetuating tendencies, due to the fact that the rise in prices of goods and services results in the rise in demand for nominal cash. Thus, causation develops from inflation to supply of money. This test investigates the amount of the existing value of money and premium is a utilizable component in the prediction of inflation.

Theoretical model

This model provides the classical quantity theory of money which believes that institutional factors determine the rate of money circulation. The economy is assumed to be or close to the real GDP.  In this case, the growth of money does not have an effect in the real GDP. This implies that holding both variables constant, the growth rate of money is directly proportional to the rate of inflation. Inflation reduces money demand due to an increase in the opportunity cost of holding money. Hyperinflation in Zimbabwe increased the parallel market premium and consequently, a change in the parallel market premium affected the velocity of cash in the circulation. The data used here was derived from various sources including the website of the RBZ.

The inflation data and money supply were collected from RBZ while parallel exchange rate was collected from Carmen M. Reinhart, a Harvard Kennedy School Professor of the International Financial System. The methodology in this paper employs heavily the ARDL co-integration approach for investigating the relationship between the inflation and its determinants.  ARDL was used because it has several advantages over other models of co-integration. ARDL can be used with time series data, can also be employed in a general-to-specific modeling by including insufficient numbers to lags for the data generating and error correction model (ECM) can be derived using ARDL co-integration model.

Theoretical/conceptual framework

Lagged change in the inflation and money supply growth are insignificant in the ARDL framework. Moreover, the ever-increasing prices are not unsustainable in the long-run; hence using the concept of long-run relations could give incorrect results. Zimbabwe had almost all her prices listed in foreign currencies which fully wrote off inflation inertia. In this case, an exchange rate is a useful tool for curbing inflation rates thereby making stabilization of hyperinflation less costly in comparison to moderate methods of dealing with hyperinflation. Through Ordinary Least Squares method, hyperinflation in Zimbabwe is said o have been caused by the rapid growth of paper money. The money demand model will seek to find out if this result is consistent. Additionally, a unit increase in the parallel market premium will result in an equivalent change in inflation.

High rates of interest will deter borrowing and foster saving, slowing the economy and hence disinflationary effects. The Treasury bill by the Zimbabwe government had turned the interest rates negative and this manipulation discouraged savings by the households. As per the Quantity Theory of money, hyperinflation in Zimbabwe could have been a monetary phenomenon and the only way to curb it would be to constrain the unnecessary money supply growth.

Research plan

Hyperinflation in Zimbabwe had severe adverse effects on the economy in regard to wealth, savings and deposits. Prices of essential goods and services became unreachable, especially to those on inflexible incomes. Countermeasures including price controls and foreign currencies ban to control the then escalating levels of inflation and the devaluation of the Zimbabwean currency were taken. Zimbabwe’s hyperinflation was at its peak when the government compelled the RBZ to issue banknotes of higher denominations, hence fuelling the rate of inflation. The Zimbabwean dollar value diminished at a faster rate and the RBZ could not keep up with the printing. This led to the abandonment of the Zimbabwean dollar in favor of the US dollar as well as the SA Rand.

This study aimed at finding the causes of hyperinflation in Zimbabwe by using the right econometric models. Its main aim is to find out if the growth of money has a positive effect on inflation. Additionally, it will be aimed at finding out whether the parallel market premium is directly proportional to the growth of inflation. Whether money supply is the primary driver of hyperinflation in Zimbabwe, the findings of the research will provide the answer.

Works cited

BBC News,. ‘Zimbabwe Abandons Its Currency’. N.p., 2014. Web. 29 Dec. 2014.

Cato Institute,. ‘Measurements of Zimbabwe’s Hyperinflation’. N.p., 2014. Web. 29 Dec. 2014.

Larochelle, C., J. Alwang, and N. Taruvinga. ‘Inter-Temporal Changes In Well-Being During Conditions Of Hyperinflation: Evidence From Zimbabwe’. Journal of African Economies 23.2 (2014): 225-256. Web.

McIndoe Calder, Tara. ‘Hyperinflation In Zimbabwe: Money Demand, Seigniorage And Aid Shocks’. SSRN Journal n. pag. Web.

Makochekanwa, A. ‘A Dynamic Enquiry Into The Causes Of Hyperinflation In Zimbabwe’. The University of Pretoria, Department of Economics (2007): n. pag. Print. Reserve Bank of Zimbabwe (RBZ),. ‘Bank Annual Reports From 2000-2008’. N.p., 2008. Web. 29 Dec. 2014

Sokic, Alexandre. ‘The Monetary Analysis Of Hyperinflation And The Appropriate Specification Of The Demand For Money’. German Economic Review 13.2 (2011): 142-160. Web.

Works, Anchor. ‘Data’. Carmenreinhart.com. N.p., 2014. Web. 29 Dec. 2014.

You can also take a look at our guide for writing an  interpretive thesis if you feel like you’re struggling to write on your own. So check it out! You can also find out more helpful examples of research proposals if you contact us.

If you need an additional professionally written PhD research proposal sample or any kind of support – just contact us right now!

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Legal research proposal Sample PDF 2024

• 3 January, 2024

This is a legal research proposal sample.

This sample of the legal research proposal will guide law students and lawyers in the course of conducting legal research and report writing.

Learn how to write a legal research proposal here

Read also: How to conduct legal research and write your research report

Jump to section

Legal research proposal Sample

List of statutes, list of abbreviations and acronyms, list of international instruments, list of cases, chapter one, introduction, background to the problem, statement of the problem, hypotheses of the study, general objective, specific objective, significance of the study, literature review, research design, library research, field research, area of the study, sample population, sample size, sampling technique, questionnaire, data presentation and analysis techniques, legal research proposal sample pdf.

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The following is a sample of the legal research proposal.

AAA UNIVERSITY

FACULTY OF LAW

RESEARCH PROPOSAL

ROLE OF COPYRIGHT AND NEIGHBOURING RIGHTS ACT IN PROTECTING OWNERS OF LITERARY WORKS IN THE DIGITAL ENVIRONMENT

REGISTRATION NO. 111111/T.00

SUPERVISOR:  PROF. BBBB

A COMPULSORY RESEARCH PAPER SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE BACHELOR OF LAWS (LL.B) DEGREE OF THE AAAA UNIVERSITY

Constitution

The Constitution of the United Republic of Tanzania, 1977

International instruments

Agreement on the Creation of the African Regional Industrial Property Organization 1979

Berne Convention for the Protection of Literary and Artistic Works (1971)

Patent Cooperation Treaty, 1970

Universal Declaration of Human Rights of 1948

World Intellectual Property Organisation Performances and Phonograms Treaty, 2002

World Intellectual Property Organisation Copyright Treaty, 1979

Legislations

Copyright Ordinance, CAP 218

Digital Millennium Copyright Act (1998)

The Copyright and Neighbouring Rights Act [CAP 218 R.E 2002]

ARIPO                        African Regional Industrial Property Organisation

CANRA                      Copyright and Neighboring Rights Act

CAP                            Chapter

CDPA                         Copyright Design and Patent Act

CERT                          Computer Emergency Response Team

Co.                              Company

Corp.                           Corporation

COSOTA                    Copyright Society of Tanzania

CURT                         Constitution of the United Republic of Tanzania

DMCA                        Digital Millennium Copyright Act

DRM                           Digital Rights Management

Ed                               Editor

ed.                               Edition

G.N.                           Government Notice

http                              hypertext transfer protocol

Ibid                             ibidem(in the same place)

ICT                              Information and Communication Technology

IP                                Intellectual property

IPRs                            Intellectual property rights

LL.B                           Lex  Legum Beccalareus

Ltd                              Limited

NEC                            Nippon Electricity Company

No.                              Number

P.                                 Page

Pvt                               Private

R.E                              Revised Edition

REG.                           Registration

TRIPS                         Trade-Related Aspects of Intellectual Property Agreements

U.S.A                          United States of America

UK                              United Kingdom

UNESCO                     United Nations Educational, Scientific and Cultural Organization

V                                  Versus

Vol.                             Volume

W.T.O                         World Trade Organisation

WCT                           WIPO Copyright Treaty

WIPO                          World Intellectual Property Organisation

www                           World Wide Web

Agreement on Trade-Related Aspects of Intellectual Property Right, 1994

Berne Convention for the Protection of Literary and Artistic Works, 1886

Directive on Electronic Commerce, Directive 2000/31/EC

Directive on Enforcement of Intellectual Property Rights, Directive 2004/48/EC

Directive on the Harmonization of Certain Aspect of Copyright and Related Rights in Information Society, Directive 2001/29/EC

European Convention on Cybercrimes, No. 1885 of 2001

WIPO Copyright Treaty, 1996

LIST OF LEGISLATIONS

Foreign Legislation

Copyright Designs and Patents Act, 1988 (U.K)

Digital Millennium Copyright Act, 1998 (U.S.A)

Domestic Legislation

Constitution of the United Republic of Tanzania, [CAP 2 R.E 2002]

Copyright and Neighboring Rights Act, [CAP 218 R.E 2002]

Cybercrime Act, No. 4 of 2015

Regulations

Copyright (Licensing of Public Performances and Broadcasting) Regulations, GN No. 328 of October 2003

Copyright and Neighbouring Rights (Production and Distribution of Sound and Audiovisual, Recordings) 2006 GN No.18 of January 2006

Copyright and Neighbouring Rights (Registration of Members and Their Works) Regulations, GN No. 6 of January 2006

Electronic and Postal Communications (Computer Emergency Response Team) Regulations, G.N. No. 419 of December 2011

Electronic and Postal Communications (Licensing) Regulations, G.N No. 430 of December 2011

Electronic and Postal Communications (Telecommunications Traffic Monitoring System) Regulations G.N. No. 208 June 2013

Exxon Corporation v Exxon Insurance [1982] RPC 69

NEC Corp. v. Intel Corp. (1989) 10 U.S.P.Q.2d 1177

Pastel Software (Pty) Ltd v Pink Software (Pty) (1991) Ltd 409

Torkington v Magee [1902] 2 KB

University of London Press v University Tutorial Press [1916] 2 Ch 601

BACKGROUND AND THEORETICAL INFORMATION

This research will deal with the role of the Copyright and Neighbouring Rights Act[1](CANRA) in protecting the economic rights of owners of literary works in a digital environment.

It arises from the need of protecting the economic rights of owners of original literary works from online piracy and other related online illegal activities and a desire to consider whether CANRA recognizes and guarantees the protection of economic rights of owners of literary works in a digital environment.

It is important in this research to define what is literary works and the digital environment. According to Black’s law dictionary[2] literary works mean “a non-audiovisual work that is expressed by verbal, numerical, or other symbols such as words or musical notation and embodied in some physical object.[3]”

In University of London Press Limited v University Tutorial Press Limited[4] Peterson J at p. 608 stated that “literary work cover work which is expressed in print or writing, irrespective of the question whether the quality or style is high.

The word “literary” seems to be used in a sense somewhat similar to the use of the word “literature” in political or electioneering literature and refers to written or printed matter. That does not say that anything written or printed is a literary work.” In Exxon Corporation v Exxon Insurance[5], it was held that a literary work is one that conveys information or instruction. Also in the case of Pastel Software (Pty) Ltd V Pink Software (Pty) 1991 Ltd 409 literary work was defined as any combination of letters and/or numerals that embody the results of a measure of intellectual effort or skill.

A digital environment is a simulated place made through the use of one or more computers, records or evidence of an individual’s interaction with a digital environment constitute their digital footprint[6].

Also, it is worthwhile to know the economic rights which are entitled to the owners of original literary works.

Economic rights are pecuniary benefits the owner of original literary work gets from his work. The owner has to derive fair and sufficient financial reward from the use of his work. Economic rights are exclusive rights of the author to authorize reproduction of the work, distribution of the work, rental of the work, public exhibition of the work, translation of the work, an adaptation of the work, public performance of the work, broadcasting of the work, and importation of copies of the work.[7]These rights can be transferred to another person by the author.[8]

With digitalization and the internet, literary works are highly affected by digital copyright violations for example through file-swapping, copying and pasting, file sharing, uploading and downloading, and other related online illegal activities, these activities keep the economic rights of owners of literary works at risk.

In response to that, CANRA under Section 44 legitimizes the application of technical means of protection and rights management information so as to allow owners of original literary works to protect their economic rights from digital copyright violations. According to this section, specifically under subsection 1 (c) read together with subsection 2, it is unlawful and it shall be assimilated to infringements of CANRA to remove or alter any electronic rights management information without authority.

This is necessary because in absence of technical measures, implementation of CANRA prohibitions is hard to archive on the global internet.[9]

Despite that response, CANRA does not have clear and specific provisions for the protection of exclusive rights of owners of literary works from digital copyright violations compared to traditional or analogy infringement where it provides for offenses and remedies for infringement.

Traditionally once original literary work is entitled to copyright protection, the author shall have the exclusive right to carry out or to authorize; reproduction of the work, distribution of the work, public exhibition of the work, translation of the work, an adaptation of the work, other communication to the public of the work and importation of copies of the work[10].

Therefore traditionally a person is termed to infringe copyright when direct or aid to conduct any of the acts above activities without authorization of the author. Any person who knowingly violates, or causes to be violated, the rights protected, commits an offense [11].

Also, it provides that any person whose rights under the Act are in imminent danger of being infringed or have been Infringed, may institute proceedings in the United Republic of Tanzania for an injunction to prevent the infringement or to prohibit the continuation of the infringement.[12]

Digitalization emerge to have upset the traditional means of copyright protection, as it leads to the new forms of copyright infringements as it supports the conversion of literary works which are hardcopy to softcopy, its allows illegal copying of original literary works without affecting their quality and makes the illegal copies to be distributed over networks.

Therefore there is a need for the CANRA to be adequate in protecting economic rights of owners of literary works in a digital environment.

Noteworthy that the protection of the property is a constitutional right. As it has been stated in The Constitution of the United Republic of Tanzania 1977[13](CURT) that

Every person is entitled to own property and has a right to the protection of his property held in accordance with the law and it shall be unlawful for any person to be deprived of his property for the purposes of nationalization or any other purposes without the authority of the law which makes provision for fair and adequate compensation[14].

This study will examine the adequacy of CANRA in protecting the economic rights of owners of literary works in a digital environment. It inspects the extent to which CANRA recognizes and guarantees protection of economic rights of owners of literary works in a digital environment.

Copyright is a property right that subsists (exists) in the various works, for example, literary works, artistic works, musical works, sound recordings, films, and broadcasts.[15]

In relation to literary work, in the case of NEC Corp. v. Intel Corp[16], it was stated that “for a particular literary work to be copyrightable, two requirements must be satisfied: the work must be “fixed in any tangible medium of expression,” and it must be “original”. In Tanzania, copyright protection began as soon as the existence of colonialists. It can be traced to the British era. The British copyright law is often seen as a gift that was bequeathed to colonial countries.

The Copyright Ordinance[17] was introduced as an extension of the United Kingdom (imperial) Copyright Act 1911. It was applied in colonial territories and was the model for most of the early copyright legislation in Commonwealth countries[18].

After the independence of Tanganyika, the Copyright Ordinance of 1924 was replaced by the Copyright Act No. 61 of 1966[19]which improved on copyright matters. The 1966 Act provides the automatic protection of copyright materials. Cinematographic, musical, and artistic works qualified for protection.

However Act No. 61 of 1966 had challenges that, it lacks provisions on criminal offenses and their sanctions, the term of copyright protection was short.[20]

Development of technology, absence of the copyright organization for the protection and management of copyright, an increase of copyright infringement activities, most often, involves a claim of improper copying or creation of a new work based upon the original, made Act No. 61 of 1966  not effective.

As the result, in 1999 CANRA was promulgated to repeal Act No. 61 of 1966. This Act was enacted to make better provisions for copyright and neighboring rights in literary, artistic works, folklore and for related matters.[21]

To protect the moral and economic interests of authors (creator) relating to their works, to provide protection for the expression of folklore, to protect the interests of performing artists, producers of cassettes and broadcasting organizations, to provide for civil remedies and criminal sanctions against infringers and pirates[22].

It introduced new provisions included, such as enhanced provision on criminal offenses and sanctions[23], protection for the expression of folklore[24], computer programs[25], phonograms and related rights[26]and composition of Copyright Society of Tanzania (COSOTA)[27]  which were not included in Act No. 61 of 1966.

In addition to the traditional acts of infringement, the Act has also expanded the spectrum of infringing practices by faulting those who import or own contrivances, which may be used to facilitate copyright infringement[28].

In relation to digital infringement, CANRA legitimized the use of technical means of protection and rights of management information so as to enable the owners of literary works to safeguard their economic rights from digital copyright violations[29]. CANRA managed to adhere to the rules and principles of some conventions such as the Berne convention[30] and the TRIPS Agreement of the World Trade Organization[31]for example protection of computer programs and software.[32]

In the 2000s several regulations were made to ensure effective implementation of CANRA, it includes; The Copyright (Licensing of Public Performances and Broadcasting) Regulations[33] which deals with licensing of public performance and broadcasting of copyrighted works, as provided under Regulation 3 “that no person shall hold public performances or broadcasting a copyrighted work except under the license from the society”

The Copyright and Neighbouring Rights (Registration of Members and Their Works) Regulations[34], which deals with the registration of artistic work and membership of COSOTA, as provided under Regulation 3 that “author or another owner of the copyright may apply for membership of COSOTA.

The Copyright and Neighbouring Rights (Production and Distribution of Sound and Audiovisual Recordings) Regulations[35], which deals with the protection of sound recordings or audio-visual recordings, as provided under Regulation 2 that “A person shall not produce, distribute or import for distribution sound recordings or audio-visual recordings in Tanzania except under a license issued by the Copyright Society of Tanzania under these Regulations are referred to as the “Society”.

Nevertheless, contemporarily, there is no regulation that is made to ensure effective implementation of CANRA towards the protection of literary works in a digital environment.

Since the year of 1990s when Privatization and investment took the role, it gave away for the development of Information Technology as things like computers were highly engaged.

These technologies are both promising and potentially harmful to various parties interested in the use and the exploitation of works of authorship[36]and thus, enhance copyright infringement through the digital environment.

Activities such as caching, scanning, file-swapping, browsing, copying and pasting, downloading, and uploading of literary works, cause violation of the copyright owner’s exclusive rights, such as the right to make copies[37].

To control infringement of copyright in the digital environment, international organizations, directives, and several nations began to introduce in their binding legislation regulations aimed to increase protection of works and rights of their authors’ organizations in a digital environment.

An example of an international organization, treaties are WIPO Copyright Treaty (WCT). The provisions of the WCT relating to digital technology covers storage of works in digital form in an electronic medium, transmission on digital networks, limitations, and exceptions in the digital environment, and technological measures of protection and rights management information, Berne Convention the impact of digital technology on copyrighted works has been considered through Article 20.[38]

Also Directive on Electronic Commerce[39], Directive on Enforcement of Intellectual Property Rights[40] and Directive on the Harmonisation of Certain Aspect of Copyright and Related Rights in Information Society[41], was made in European Union so as to ensure proper regulation and enforcement of IPRs in the digital era.

United States of America (USA) enacted Digital Millennium Copyright Act, 1998 (DCMA) Title I of the DMCA contains, among other things, provisions to implement obligations concerning technological measures and rights management information and United Kingdom (UK) enacted The Copyright Designs and Patents Act, this law prohibits copying in relation to Literary (which include software), dramatic, musical, and artistic work, including reproducing the work in any material form which includes storage in any medium by electronic means[42]

To control digital copyright infringements in Tanzania, CANRA allows the application of technical means of protection and rights management information so as to enable owners of original literary works to protect their economic rights from digital copyright violations. It is unlawful and it shall be assimilated to infringements of CANRA to remove or alter any electronic rights management the information which was set by the owners of literary works towards the protection of their economic rights without authority[43].

Despite that response, CANRA does not have clear and specific provisions for control of online piracy and other related online illegal activities compared to international instruments and copyright laws of other jurisdictions like the USA and UK which respond to the digital copyright via lotions by including clear and specific provisions for control digital copyright violations.

Absence of clear and specific provisions for control of online piracy and other related online illegal activities in CANRA may renders the enforcement of the Act in a digital environment very difficult.

Authors of original literary works shall be entitled to copyright protection for their works by the sole fact of the creation of such works [44]. In the case of the University of London Press v University Tutorial Press[45] it was stated that “The word “original” does not in this connection mean that the work must be the expression of original or inventive thought.

Copyright Acts are not concerned with the originality of ideas, but with the expression of thought, and, in the case of “literary work,” with the expression of thought in print or writing.

Due to the development of Information and Communication Technologies (ICTs) particularly digitalization, computerization and the internet, there have been various means on how original literary works can be copied or reproduced without affecting its quality, disseminated and obtained without authorization, for example through uploading or downloading literary works from the internet.

It becomes difficult for the owners of literary works to control dissemination or distribution of their works through the internet without law to provide for effective measures to protect their economic rights.

Digitalization, computerization and the internet facilitates rampant infringement of the economic rights of the owners of literary works which are conducted both offline and online environment. Mostly in offline environment infringement is done through copying, burning, scanning, distribution of literary works through flash disk and memory cards and any other similar means.

In a few instances infringement is also conducted through an online environment, it is done through file-swapping (peer-peer file sharing) whereby people can share literary works without permission from the owner.

In Tanzania the most applicable file swapping websites are; 4shared, Telegram, Mega upload, Media fire, Files tube, Rapid share and The Pirate Bay, also infringement via digital environment is conducted through, downloading, uploading, copying and pasting, and scanning of literary works.

Consequently, CANRA under Section 44 provides for the application of technical means of protection and rights management information so as to enable owners of original literary works to protect their economics rights from digital copyright violations, however, this section is not accommodated enough to ensure more effective protection and enforcement of CANRA in relation to the digital copyright infringement.

Therefore there is a need for the CANRA to be adequate in protecting the economic rights of owners of literary works in digital environment.

This study will examine the extent to which CANRA recognizes and guarantees the protection of economic rights of owners of literary works in a digital environment. The study further provides recommendations regarding the effective enforcement of CANRA in a digital environment.

This research will base on the following hypotheses:

• The emergence of the digital environment and lack of digital copyright law facilitate rampant infringement of economic rights of owners of literary works
• CANRA is ineffective in protecting the economic rights of owners of literary works in a digital environment.

Objectives of the Study

The general objective of this research is to explore the legal challenges in the protection of the economic rights of owners of original literary works in a digital environment.

• To examine the extent to which CANRA protects the economic rights of owners of literary works in a digital environment
• To explore the effectiveness of CANRA in protecting the economic rights of owners of literary works in a digital environment.
• The study will be useful to the law-making bodies to restructure the copyright legislation to meet the contemporary situation of science and technology.
• This study will make the general public awareness of copyright issues.
• The study will as well serve as reference material for further studies on the same area.
• Furthermore, the study will enable a researcher to qualify for an award of bachelor’s degree of laws (LL.B) of AAA University 2022.

The issue of infringement of intellectual property rights via the digital environment has been discussed by various persons both from Tanzania and outside of Tanzania.

The researcher reviewed the existing literature in order to know how other writers have dealt with the problem at hand and to discover the existing gaps which are left by them so as this research to deal with those gaps. Also, the existing literature gave the researcher a direction as to where to go after getting the starting point.

Fujita A.K. (1996) [46] in her article provides that, the new technology of digitization in our present Information Age has upset the delicate balance created and maintained by copyright law between the rights of authors, users, and the industries that collect the money. There is no doubt that the technology of digitization will have a profound effect on copyright law.

She further states that digitization allows copying to be done quickly, cheaply, and easily, with no loss in quality, and then distributed to potentially millions of people in a few seconds.

Because of the new Information Superhighway, it can be done in the comfort of one’s own home with just a personal computer and a modem. Copyright holders have always been worried about new copying technology.

Photocopy machines, cassette recorders, and video recorders have all been thought to be a threat to copyright. Digitization allows a user to easily remove an author’s name from a work, substituting his own name, another’s, or none at all.

It allows a user to alter text, insert words, delete paragraphs, etc. Digitization allows a user to easily remove an author’s name from a work, substituting his own name, another’s, or none at all. It allows a user to alter text, insert words, delete paragraphs, etc.

She proposed that we must now determine how to write the laws to create the appropriate balance of author, user, and publishing rights. A major criticism of laws regulating private behavior in a digitized environment centers on enforcement. It is believed that the laws cannot be enforced without strict monitoring that would violate the privacy rights of users.

This literature discloses various problems which have been brought by digitalization, also it proposes that the resort should be made to the law, although it pinpoints that a law cannot be enforced without strict monitoring that would violate the privacy rights of users.

However, in his literature, the author did not cover the protection of economic rights of literary works in a digital environment. The researcher intends to use this literature to show the importance of the copyright law to be strict in monitoring that would violate the economic rights of owners of literary works.

Szczepańska, B. (2004) [47] in his paper stated that the copyright issue has gained additional significance in the context of the information society, the development of which we can witness where access to broadly understood media and means of public and direct communication plays a key role.

Using digital technology to record, make available, store, archive, and transfer works triggered the change in methods and scope of their exploitation. Apart from obvious and undisputable positive consequences of those changes, there are risks related to the infringement of copyright and neighboring rights on an unprecedented scale by using the protected property without the consent of authorized entities or by “manipulating” the content of the works distributed in digital format.

This literature tries to show that, piracy for many years has been a serious problem especially in the traditional way in which literary works and other copyrighted works are distributed in digital format.

That with the advent of digitization the situation is worse. However, in his literature, the author says nothing about the protection of literary works in a digital environment.

The researcher will use it to show the importance of legal framework on protecting the economic rights of literary works in the digital environment and keep in pace with the development of new technology such as the internet and computer networks.

Mahingira, E. (2007) [48] in his paper states that, there is infringement and piracy of protected works. He points out the importance of IP in building a socio-economic positive growth of Tanzania by formalizing IP activities, having an IP Policy, and building up of the IP institution by the stakeholders of IP.

The author speaks generally about importance of IP activities and the importance of having an IP policy and institution dealing with IP without specifically concentrates on the protection of economic rights of owners of literary works in a digital environment. The researcher intends to use this paper since it supports the establishment of a system of protection which in turn will control copyright infringement in a digital environment.

Burgunder, M. (2007) [49] in his book states that, even if intellectual property protection is established by law overseas, it may be useless if the enforcement mechanisms are insufficient. It is one thing to state that something is wrong; it is quite another thing to do something about it.

This literature is useful in this research since it insists on the importance of sufficient enforcement of intellectual property protection. However, this literature does not specifically provide for enforcement of copyright law in protecting the economic rights of literary works in the digital environment, which will be covered in this research.

The researcher will use this literature to provide for an efficient copyright enforcement mechanism that will ensure the protection of the economic rights of owners of literary works in a digital environment.

Wangwe, S. (2009) [50] in his report notes that by 1966 the lack of effective intellectual property protection in Tanzania warranted significant improvement needing the adaptation and enlargement of legal, administrative and enforcement framework as well as human capacity.

He further observes that, although the legal framework and the necessary institutional framework for IP administration been established, the need for other IP implementing agents such as the police department, the customs office, and the judiciary needs adequate preparation in order to be able to curb the infringement of intellectual property rights.

Finally the author suggests   that extensive training is required to cause awareness of Intellectual field in general and put it into practice.

In his report, points out some administrative concerns and concentrates on the lack of effective IP protection in Tanzania.

He suggests for the importance of improving, adapting, and enlarging the legal administrative and enforcement as well as human capacity machinery for enforcement intellectual property protection in Tanzania. However, the author did not specifically discuss the issues facing copyright protection in the digital environment in Tanzania, particularly in literary works.

Therefore this research will use this literature to cover how legal and institutional frameworks will be outfitted so as to protect the economic rights of owners of literary works in a digital environment.

Mambi, A.J. (2010) [51] in his book points out that, the growth of the internet has had major implications for the treatment and protection of copyright materials and other related intellectual property rights that are published electronically.

He notes that one can clearly observe the difficulty faced by the intellectual property laws in Tanzania and other countries specifically copyright law-keeping in pace with changes in technology.

In his book specifically addresses the issue of difficulties on copyright protection on technological development which is the realm of this study, but he does not cover literary works. The research will use this literature to show the importance of copyright law to keep pace with the development of new technology such as digitalization and the internet.

Hargreave, I. (2011) [52] in his report states that IP law must adapt to change, digital communications technology involves routine copying of text, images, and data, meaning that copyright law has started to act as a regulatory barrier to the creation of certain kinds of new, internet-based businesses.

He also argues that the copyright regime cannot be considered fit for the digital age when millions of citizens are in daily breach of copyright, simply for shifting a piece of music or video from one device to another. People are confused about what is allowed and what is not, with the risk that the law falls into disrepute

He also pinpoints the reasons for supporting effective enforcement of IP rights by saying that a theme that connects all areas of IP is enforcement. IP rights cannot succeed in their core economic function of incentivizing innovation if rights are disregarded or are too expensive to enforce.

Ineffective rights regimes are worse than no rights at all: they appear to offer certainty and support for reliable business models, but in practice send misleading signals. Widespread disregard for the law erodes the certainty that underpins consumer and investor confidence. In the most serious cases, it destroys the social solidarity which enables the law abiding majority to unite against a criminal minority. These are powerful reasons for supporting effective enforcement of IP rights.

This report reveals that IP law must change to adapt digital environment situations and also insists on effective enforcement of IP rights.

However, it does not provide on how the law particularly copyright legislations, can be sufficient to protect owners of literary works in digital environment. The researcher intends to use this literature since it supports effective enforcement of IP rights and it shade the light on the need of changing the law so as to control the challenges brought by the development of science and technology.

Denton, A. (2011) [53] highlights that digital copyright infringement is ubiquitous. There are a number of technical approaches used by pirates to copy and share content. These techniques are increasingly sophisticated and have increasing scale and scope.

Industry is making efforts to work cooperatively to mitigate the risks and to help to enforce copyright. These efforts alone have clearly not managed to limit copyright abuse and there is an on-going debate on the role of different players in the ecosystem in enforcement.

This paper reveals how digital copyright infringement terrorizes copyright protection, it notes a number of technical approaches used by pirates to copy and share content and it tells that effort has been made to mitigate the risks.

However the literature does not cover on the issue of protecting owners of literary works in digital environment. The researcher intends to use this literature since it shows how the digital environment rampant copyright infringement and informs that effort has to be made so as to mitigate the risks.

Nyariki, D. et al. (2012) [54]  in their report notes that, another impediment to the development of creative industries is piracy, which is normally considered a serious challenge in developing countries. Piracy is because of the absence of adequate IP protection.

They argue that to strengthen and streamline the activities of the copyright industry, relevant policies should be put in place and existing policies should be reinforced to make them more effective in improving the operational efficiency of the industries. This will, in turn, encourage the development of the industries, by creating enabling environment for the government to harness the benefit that they provide, which will subsequently lead to greater recognition of their value in the creation of wealth.

This report is very important not only to this research but also to the government of Tanzania as it has pointed out various contributions of copyright-based industries to the economic growth.

It emphasizes that, the absence of adequate IP protection and proper policy would lead to the existence of unauthorized illegal works. However the issue of protection of copyright in digital environment, particularly economic rights of literary works is not covered. Therefore the research intends to use this study to cover that area, as it entails adequate IP protection and policy building.

Mwakaje, S. (2012) [55]in his report states that Tanzania does not have the national Intellectual Property Policy. The IP policy statements can be traced from national policies on industrial development, science, and technology, commerce, health, arts, and culture.

As the result, intellectual property policy statements are sometimes overlapping, contradictory and confusing. An obvious challenges is to coordinate these expertise and institutional organizations and agencies in enforcement of IP policy.

This literature reveals that, Tanzania does not have IP policy and the palpable challenge is how to coordinate expertise and institutional organizations and agencies in enforcing IP policy.

However the author does not cover how IP policy will be useful in the protection of owners of literary works in a digital environment. The researcher intends to use this report since it highlights the importance of having IP policy in protecting intellectual property rights.

Magalla, A. (2013) [56] in his research paper provides that the only problem here is the legal framework (Legislation). If the government would set new, efficient and sufficient principles, laws and regulations on the matter relating to information technology, then there would be no irregularities within it, and then the whole aspect intellectual property would be protected and promoted by the development of information technology.

The Act still it does not curter or gives legal framework governing the matters of information technology in Tanzania especially in intellectual property. He also says that, it is the duty of the government of the United Republic of Tanzania to ensure that its laws cope with the development of science and technology, and fully participates in intellectual property-specific legislation

He further claims that Tanzania is one among the country which is highly affected by copyright infringement through the internet.

There is no doubt that the CANRA does not have clear and specific provisions for management and control of online piracy and other related illegal activities, even though is a member of the Berne Convention for the Protection of Literary and Artistic Works and also ratified several multilateral instruments include World Intellectual Property Organization Conventions, 1967 (effective for Tanzania as of 30 December 1983); and Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization), 1994 which have a bearing to the protection of intellectual property not to exclude computer programs or software.

He blames that the government has to know that, few Tanzanians are awakening now over the concept of intellectual property in the digital age and requires change for that. It is not enough to transform the society technology from analog to digital while the laws and the society are still in analog form.

He proposes that, at this moment Tanzania is in a good position to prevent or reduce any copyright infringements. We have good examples from various countries with such a piece of legislation.

Then what is the problem? Does that means the government encourages the infringements rather than preventing it? Are the efforts employed to prevent it sufficient enough? It is time for a change because the future is in our hands; CANRA must develop to meets the requirements of the development of science and technology, thing like online piracy through downloading and other electronic activities that may affect the literary and artistic works.

The author in his paper touch some issues which are most helpful to this research, he showed the weaknesses in the legal framework and insisted that the law must develop to cope with the development of science and technology which affect literary and artistic works, also he proposed that Tanzania has to take examples from other countries with legislation that respond to the development of science and technology.

However, the author did speak generally on the weakness of the law to protect intellectual property rights in the digital environment without specifically touch on the protection of economic rights of owners of literary works, which will be dealt with thoroughly in this research.

Ubena, J. (2015) [57] in his dissertation argues inter Alia that transformation from analog to a digital representation of data or information contributed to delivery of data and text in many different networks and it supported mass digitalization of copyrighted literary and artistic works.

Moreover, the internet and the emergency of the peer to peer (P2P) file sharing facilitated illegal copying, streaming, uploading, downloading, or generally sharing of copyrighted works. This raises a question of whether the traditional copyright law means for example banning or legal restriction of peer-to-peer file sharing is an effective way of regulating ICT innovation and uses.

He further contends that the legislature reacted by enacting the law that criminalizes or bans peer to peer file sharing applications/technology that facilitates unauthorized sharing of copyrighted content. In addition, the law legitimizes the application of the Technical Measures of protection[58]example Digital Rights Management (DRM).

He argued that, despite the copyright balance achieved by the traditional statutory copyright safeguards, the translation of analog content into digital and general generally digitalization of literary and artistic work appears to have disturbed that copyright balance.

The author in his dissertation reveals some substances which are very supportive to this research; he showed the impact of digitalization and computerization in literary works and artistic work and how the law responded to that situation. However, author did not discuss the need for the copyright law to be more clear and specific so as to control digital copyright infringement which will be covered in this study.

Generally the researcher agrees that, the authors of the reviewed literatures states about the problems brought by the digital environment on intellectual property, the insufficient enforcement of the existing law to control those problems.

The authors also tried to propose some various measures to be taken by the government to curb the infringement of copyright through the digital environment. After a very critical analysis of the literatures, the researcher has discovered that, the issue concerning the role of CANRA in protecting the economic rights of owners of literary works has not been covered; it appears that the above literature speaks about copyrighted works generally without particularly touching literary works which will be the gist of this study.

Research Design and Methodology

Research methodology is a way to systematically solve the research problem. In it, we study the various steps that are generally adopted by a researcher in studying his research problem along with the logic behind them.[59]

This research will consist of information collected from library research as well as a field study. The research will be conducted by using various methods and approaches as elaborated in this part.

This research will employ a Case Study Design, because it is a fairly exhaustive method, thus it enabled the researcher to focus his study deeply and thoroughly on different aspects of a research phenomenon.

This design will enable a researcher to board on different relevant methods of collecting data from specific area like COSOTA in order to collect relevant data in relation to the material condition of the problem itself.

The researcher will employ both primary and secondary methods in collecting data to enhance the in-depth analysis of the phenomena under the study so as to give more accurate results.

Library research will be done so as to get relevant information concerning the topic, in order to build up more understanding to the problem, to get the theoretical information relating to the problem, also to know what has been addressed by other researchers so that should not repeat the same thing.

It will involve the collection of secondary data from books, research papers, newspapers, reports, brochures, articles, dissertations, journals, statutes, and electronic sources. This will be conducted in libraries specifically AAA University and ‘Home’ Regional library because all documents that will be reviewed are easily accessible from these libraries.

This study will involve the collection of primary data relating to the problem. Field research will allow the direct interaction between a researcher and respondents, thus it will enable the researcher to collect information which is current and most relevant to the problem under the investigation, so as to prove or disapprove the existence of the problem regarding the hypotheses formulated.

This study will be conducted in two geographical areas namely; ‘Home’ and ‘Away’. Because, in Home the researcher will be able to get the respondents including magistrates, advocates, police officers and state attorneys who have knowledge on the problem at hand. This will enable the researcher to get relevant and useful information concerning the problem.

In ‘Away’ the researcher was able to get respondents who are not available at ‘Home’ especially owners of literary works who are the victims of the digital copyright violations and COSOTA which is the institution deals with implementation of the copyright rights law in Tanzania.

For the purpose of this study, the researcher will collect data from; owners of literary works, because they are victims of infringement via the online environment, COSOTA because it established to implement the copyright rights law in Tanzania, the researcher specifically preferred Chief Executive Officer and Copyright Administrator, Head of Information and Communication Technology and head of legal unity in order to grasp the implementation of the copyright law in the digital environment, also researcher preferred magistrates, advocates, state attorneys  and law enforcers including police officers in order to grasp how CANRA has been interpreted and enforced when it’s come to the matters of digital infringement.

The study will target thirty-five (35) respondents to give opportunity and ensure good coverage of information. The sample was selected based on the population size, time, and financial factors. That is, Three (3) officers of COSOTA including Chief Executive Officer and Copyright Administrator, Head of Information and Communication Technology and Head of Legal Unity, seven (7) owners of literary works, six (6) magistrates, eleven (11) advocates, five (5) state attorneys and three (3) police officers.

The researcher will use the purposive sampling technique. This technique will enable a researcher to focus on a particular sample based on special knowledge of the research problem, which will be best to enable the researcher to prove or disapprove research hypotheses. This will be done by rejecting people who would be most likely not to contribute appropriate data, both in terms of relevance and depth.

Methods of Data Collection

Regarding to the nature of the problem, data will be collected through two methods, namely interview and questionnaire. The researcher preferred these methods because they are fair exhaustive means to acquire first-hand information concerning the problem so as to enhance profound investigation of the phenomena under the study. However, interviews will be the dominant method in terms of data collection.

An interview is basically an interaction, where questions are posed or a discussion takes place between two or more people with a specific purpose in mind.[60] This method is ultimate for providing first-hand information to the researcher. The interview was focused on; owners of literary works, magistrates, law enforcers including police officers, advocates and state attorneys who were available and willing to help the researcher to get direct and easily accessed information instantly. This method will involve direct contact with the respondents. The interview will be unstructured so as to allow flexibility of respondents and convenience of the researcher in accessing data.

The researcher will also use a questionnaire in collecting primary data because the tool is good where new facts are to be found, but also it gives respondents’ liberty to use their own knowledge and reasoning.

The questionnaire will be suitable for respondents who are literate, for providing in-depth information on the matter. This method will focus on the respondents who are officers but they are unable to provide information instantly because their very busy or when it might be difficult for researchers to face them due to the nature of their offices especially officers from COSOTA. The researcher will use an open mixed questionnaire where the question set was neither closed nor open.

In this study, data will be presented in a descriptive way, because, this study mainly contains qualitative data, that is, data that deals with descriptions of information. Data will be analyzed by sampling and comparison.

Analysis shows how many people in terms of percentage approve or disapprove of the existence of a problem in the light of formulated hypotheses. To clarify the respondents’ answers the analysis demonstrates the most useful statements made by respondents in response to the hypotheses. Also, the researcher notes down the number of people who have the same views and those with differing ones.

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[1] [CAP 218 R.E 2002]

[2] Garner, B.A (Ed) (2004) Black’s Law Dictionary  8th ed. West: West Publishing Co. p. 1637

[3]According to Section 5 (2) (a-b) of  CANRA literary works shall include books, pamphlets and other writings, including computer programs, lectures, addresses, sermons and other works of the same nature

[4] [1916] 2 Ch 601

[5] [1982] RPC 69

[6]John S. B. and Paul D. (2000) The Social Life of Information,  Boston: Harvard Business School press, at p.13

[7] Section 9 (1) (a)-(j) of CANRA

[8] Section 16 (1)

[9] John, U. (2015) How To Regulate Information And Communications Technology? A Jurisprudential Inquiry Into Legislative And Regulatory Techniques, Stockholm: Jure p.187

[10] CANRA section 9 (1)

[11] Ibid section 42

[12] Ibid section 36.-(l) (a)

[13] [Cap. 2 R.E 2002]

[14] Article 24 (1) and (2)

[15] David I. Bainbridge (2009). Intellectual Property, 7th  Edition, Pearson Longman, Ashford Colour Press Ltd, Gosport, Pp.5 and 31

[16](1989) 10 U.S.P.Q.2d 1177

[17] Cap 218 of 1st August, 1924

[18] Julien H. (2009). Introducing Copyright: A Plain Language Guide to Copyright in the 21st Century, Vancouver: Commonwealth of Learning, p.5.

[19] Came into operation on 1st October 1967

[20] Section 4 (2) (i)-(iv) (3).

[21]  Under Section 5(1) it provides for the exclusive right to authors of original literary and artistic works

[22] Ibid Section 2

[23]Ibid  section 42

[24] Ibid section 24

[25]Ibid  Section 5

[26] Part IV

[27] First Schedule para 1

[28] Part. VI  section 44and 45

[29] Section 44

[30]The Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 as last revised at Paris on 24 July 1971 and amended in 1979. Available at www.wipo.org .  Retrieved on 6th September 2014.

[31]Agreement on Trade-Related Aspects of Intellectual Property Rights, April 15 1994.

[32] Under Sections 4 and 5 (2) (a) CANRA

[33] GN No. 328  of  October 2003

[34] GN No. 6 of  January 2006

[35] 2006 G.N No.18 of February  2006

[36]George C. and Marybeth P. (2006).The Challenge of Copyright in Digital Age: U. S. Department of State Bureau of International Information Programs Focus on Intellectual Properties Rights, P. 50

[37] Vakul S. (2011). Information Technology-Law and Practice, 3rd ed. New Delhi: Universal Law  Publishing Co.Pvt. Ltd., P.466.

[38] Berne Convention for the Protection Of Literary And Artistic Works, 1886

[39] Directive 2000/31/EC

[40]Directive 2004/48/EC

[41]Directive 2001/29/EC

[42]Under section 17 (2) and (6)

[43] Section 44 (1) c and  (2)

[44] Section 5(1) of CANRA

[45] [1916] 2 Ch 601

[46] The Great Internet Panic: How Digitization is Deforming Copyright Law, Journal of Technology Law and Policy, Vol. 12, retrieved from http://jtlp.org/vol2/fujita.html on 19th June 2015

[47]“Digital is not different” – copyright in the digital environment, retrieved from here  on 5th July 2014

[48]Building Intellectual Property Institution In Tanzania: Paper presented at The Intellectual Property High-Level Meeting Kilimanjaro – Kempinski

[49] Legal Aspects of Managing Technology,4th  ed. Thomson/West Eagan, MN: the United States of America at p 27

[50] Case Study Report on Institutional Capacity in Intellectual Property Policy, Administration and Enforcement; Economic and Social Research Foundation: Dar es Salaam

[51] A Source Book for Information and Communication Technologies and Cyber Law in Tanzania and East Africa Community, Mkuki na Nyota Publishers: Dar es salaam at p.198

[52]Digital Opportunity; A Review of Intellectual Property and Growth, retrieved from here  on 28th May  2014

[53]Intellectual property rights in today’s digital economy, Discussion paper, retrieved from here  on May 28th, 2014

[54] The Economic contribution of Copyright Based Industries in Tanzania,  Report for World Intellectual Property Organization (WIPO) retrieved from http://193.5.93.81/edocs/pubdocs/en/copyright/1041/wipo_pub_1041.pdf   on 01 March 2015

[55]“National Study on Intellectual Property and Small and Medium-Sized Enterprises in Tanzania  The work has been commissioned by the World Intellectual Property Organization (WIPO) under the WIPO Development Agenda Project

[56]  The Impacts of ICT Evolution on Copyrights Protection in Tanzania, Research report; Tumaini University: Iringa  retrieved from here on 2nd July 2014

[57] How To Regulate Information And Communications Technology? A Jurisprudential Inquiry Into Legislative And Regulatory Techniques, Stockholm: Jure

[58] Section 44 of CANRA

[59]Kothari, C.R, (2004) Research Methodology: Methods and Techniques, 2nd Revised ed. New Age, p.9

[60] Majamba H. I. (2009) Fundamental of Legal Research: A Law Student’s Companion, Draft for Students at Law School

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