‘(…) to ensure equality for all children, this Regulation covers all decisions on parental responsibility, including measures for the protection of the child, independently of any link with matrimonial proceedings.' [Recital 5 of Brussels II bis] Brussels II bis (Council Regulation 2201/2003) complements the Hague Convention on Child Abduction, with its well-established set of international rules and the related definitions based on a considerable body of case law. The interrelation has given rise to difficulties of application and issues of interpretation despite the existence of a set of rules supposed to regulate the complementary structures. Besides this interrelation, the Regulation interacts with the Hague Convention on Child Protection. Though Brussels II bis has been analysed with regard to different single aspects, it has not yet been considered which consequences the actual provisions of the Regulation and the ECJ’s decisions have both on the interrelation and its application in the national courts. It has further hitherto not been critically analysed whether the Regulation and the judgments of the ECJ take the right direction to meet the ambitious aim defined in the preamble and throughout the text, respecting the ‘best interests’ of the child. Now that a decade of Brussels II bis has passed and with a series of pioneer cases decided by the ECJ and with an intervention of the ECtHR in Convention and Regulation cases, the Regulation’s effectiveness is worthy of critical consideration. Despite the existence of some specific rules on the interrelation of the Regulation and the Conventions, their very co-existence gave rise to various interacting situations and questions of interpretation. For courts familiar with the rules of the Convention on Child Abduction and with at least their own respective national case law arising under it, the application of the added layer of rules of the Regulation and the interpretation of its different concepts was and still remains a challenge. A comparison of Brussels II bis with the two international instruments with regard to the role of ‘habitual residence’ and the suitability of the other central concepts of the provisions for the particularity of family disputes will demonstrate the differences of cases involving the Regulation and those involving the Conventions. III By governing jurisdiction, recognition and enforcement of judgments and orders relating to parental responsibility, the Regulation has a very wide application covering, for example, custody, access, guardianship and even placement of children in foster or institutional care. Further, Brussels II bis takes up concepts which lie at the very heart of the application of the Convention on Child Abduction and about which there is extensive jurisprudence. This thesis will explore a selection of legal issues arising from the interrelation between these private international law instruments dealing with parental responsibility and child abduction which the national courts applying the Regulation are confronted with. The question whether Brussels II bis is an effective instrument which has strengthened the return mechanism under the Convention on Child Abduction and can work hand in hand with the Convention on Child Protection is also important to critically evaluate. It will be considered if the provisions in the Regulation have been drafted clearly enough and the concepts defined so well that they promote the interests of the children concerned, where the provisions are complementing the Convention on Child Abduction, and has learned from the latter’s flaws so as to enhance the recognition and enforcement processes related to child abduction. It will be concluded whether or not the Regulation is an advancement only in terms of having implemented efficient, intra-Community provisions on jurisdiction, recognition and enforcement or a real advancement supporting the ‘best interests’ of the child(ren), despite the complications of application it has introduced.

No abstract provided. / Thesis (LL.M.)-University of KwaZulu-Natal, 2011.

LL.M. (International Commercial Law) / This dissertation concerns a comparative analysis of Brazilian, Indian and South African private international law principles on the exercise of jurisdiction in international civil and commercial cases. The intention is to uncover the fundamental grounds of jurisdiction in these legal systems and in doing so draw attention to their comparable characteristics. Emphasis is placed on matters of a commercial nature. Furthermore, a discussion of the Hague Convention on Choice of Court Agreements provides insight on the Convention’s purpose and its possible influence on and implications for jurisdictional rules found in the private international law of the IBSA countries should they become members to the Convention.

The purpose of this research is to look for a legal basis which a parent whose child has been abducted can retrieve his child. The Hague Convention deals with the question of parents who abduct their own children and take them to foreign countries. Discusses to what extent the African Human Rights System can complement the mechanism provided by the Hague Convention. The significance of this study is that it captures a seemingly harmless act for what it truly is. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Associate Professor John-Jean Barya of the Faculty of Law, University of Makerere, Uganda. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

University of Macau / Faculty of Law

INTERNATIONAL SALES DISPUTE RESOLUTION ABSTRACT This dissertation deals with judicial resolution of disputes arising from cross-border commercial relationships, more precisely from international sales contract as their common representative. The introduction defines the term of international sales contract (chapter one) and the process of its formation (chapter two) under the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). It addresses inter alia the gap filling of the CISG, uniform interpretation or commercial usages. Some comparative notes are also provided. Further, it examines a phenomenon called "battle of forms" that often occurs in practice when dealing with standard terms and conditions. The focal point of the thesis is the rules of jurisdiction set out in the Brussels I Regulation Recast ("Regulation") which are analysed from the perspective of an international commercial relationship. The emphasis is on the prorogation of jurisdiction under the Regulation. The third chapter deals with the territorial, temporal and material scope of application of the Regulation, as well as with its autonomous interpretation. It also discusses the role of the Regulation in arbitration. Chapter four reviews the rules of jurisdiction applicable when there is no valid choice of...

The central objective of this study is to analyze if there is an effective protection of children’s and teenager’s rights in cases of international kidnapping. Brazil, one of the signatory countries to the Convention on the Civil Aspects of International Child Abduction, better known as The Hague Convention (1980), since 2000, through Decree no. 3.413 / 2000, uses the Convention as a basis for cases of child abduction or kidnapping, which occurs when the child is taken to another country without the consent of one of the parents, triggering a subsequent custody dispute. The aforementioned international legislation establishes that, when verifying the actual occurrence of abduction or abduction of minors, they must be returned as quickly as possible to the country where they habitually reside, and the superior interest of the children should be prioritized. However, the great question that arises is whether the Brazilian Superior Court of Justice (STJ), when assessing the demands in question, has prioritized the protection of the rights of these vulnerable beings. For the development of the present work, a theoretical research was carried out, which served as a foundation for the construction of the second stage, of an empirical nature, in which a mapping of the decisions rendered by the Brazilian STJ in the last ten years was developed, in the assessment of the claims in which the subtraction or abduction of minors is discussed with the application of the aforementioned convention. With the studies concluded, it is hoped to find the balance point between the application of The Hague Convention and the effective protection of the rights of children and adolescents in the demands arising from illegal subtraction at the international level. / Analisar a ocorrência da efetiva proteção dos direitos das crianças e dos adolescentes nos casos de sequestro internacional é o objetivo central deste estudo. O Brasil, como um dos países signatários da Convenção sobre os Aspectos Civis do Sequestro Internacional de Crianças, mais conhecida como Convenção de Haia (1980), desde o ano 2000, através do Decreto nº. 3.413/2000, utiliza-a como fundamento para os casos de subtração ou sequestro de crianças ou adolescentes, que ocorre quando o infante é conduzido para outro país sem o consentimento de um dos genitores, desencadeando uma posterior disputa de guarda. A mencionada legislação internacional determina que, ao se verificar a efetiva ocorrência de subtração ou sequestro de menores de idade, estes devem ser devolvidos, com a maior celeridade possível, para o país que residiam habitualmente, devendo-se priorizar o seu superior interesse. Entretanto, o grande questionamento que surge é se o Superior Tribunal de Justiça (STJ) brasileiro, ao apreciar as demandas em apreço, tem primado pela proteção dos direitos desses seres vulneráveis. Para o desenvolvimento do presente trabalho, realizou-se, em princípio, uma pesquisa teórica, que serviu de alicerce para a construção da segunda etapa, de natureza empírica, na qual foi efetuado um mapeamento das decisões proferidas pelo STJ brasileiro nos últimos dez anos, na apreciação das demandas em que se discute a subtração ou sequestro de crianças com a aplicação da aludida convenção. Esperase, com os estudos empreendidos, que seja encontrado um ponto de equilíbrio entre a aplicação da Convenção de Haia e a efetiva proteção dos direitos das crianças e dos adolescentes nas demandas decorrentes da subtração ilegal no âmbito internacional. / São Cristóvão, SE

[pt] A presente dissertação apresenta uma análise crítica e prática sobre os artigos 12 e 13, b da Convenção da Haia sobre os Aspectos Civis do Sequestro Internacional de Crianças. Ademais, o trabalho indica os procedimentos para a análise das exceções no Brasil e apresenta as divergências jurisprudenciais na temática, com enfoque na necessidade de prova pericial, estudando casos do Superior Tribunal de Justiça e dos Tribunais Regionais Federais da primeira e terceira Regiões. Ao final, faz proposições práticas sobre os procedimentos da Convenção, o sistema legal local e a jurisprudencial brasileiro. / [en] This Master s thesis presents a critical and practical analysis of Articles 12 and 13, b of The Hague Convention on the Civil Aspects of International Child Abduction. In addition, it indicates the procedures for the analysis of the exceptions in Brazil and points out the jurisprudential divergences regarding the theme, with emphasis on the need of expert evidences, studying cases from the Superior Court of Justice and the Federal Regional Courts of the 1st and 3rd Regions. Finally, the thesis provides a practical approach regarding the Convention s procedures, the local legal system, and the Brazilian jurisprudence.

Diploma Thesis: International Child Abduction and Private International Law The purpose of my thesis is to analyse the issue of international child abductions through the lenses of private international law. The paper focuses mainly on the international documents regulating this area. These are, above all, The Hague Convention on International Child Abduction 1980 and the Council Regulation (EC) No 2201/2003 (new Brussels II Regulation). The research endeavours to answer the question whether the current legislation comply with the needs of the parties concerned. The thesis is composed of eight Chapters. All the Chapters are supplemented by relevant case law. Chapter One is introductory and presents the most important pieces of legislation in the area of international child abduction. Their mutual relationship and application is explained. Moreover, the causes of the cases of international child abduction are described in this Chapter. Chapter Two represents the core part of the whole thesis. It deals with The Hague Convention. Chapter is subdivided into five Parts. First two Parts concentrate on the formation of the Convention and its aims. Part Three provides definitions of the four main concepts of the Convention, namely wrongful removal or retention of a child, habitual residence of a child,...

<p>This by implication would mean that the best way to prevent child abduction is to desist from international marriages and moving abroad.The modern reality is that&nbsp / relationships are being formed internationally. In the same breath, relationships are easily un-formed and the family fractured. The emotional impact of any breakup is usually&nbsp / tense, and it follows by implication that this will be exacerbated if a child is involved. For reasons that will be expounded on in the thesis, many caregivers, usually mothers have&nbsp / opted to abduct their children. Some have opted to apply formally to relocate. Relocation disputes are widely regarded as one of the most controversial and difficult issues in&nbsp / family law internationally. These disputes usually arise pursuant to a relational breakdown, when the resident parent (usually the mother) seeks to relocate with the children&nbsp / either&nbsp / domestically or internationally. This causes a significant impact&nbsp / on contact arrangements with the other parent (usually the father). Depending on the country in which they find themselves and the laws applicable to relocation with the child, mothers are faced with the decision to remove the child either lawfully or wrongfully. International family law&nbsp / jurisprudence has been developed over time to assist with custody and relocation disputes. &lsquo / Much has been written on the Hague Convention &ndash / its flaws and its successes, its&nbsp / effectiveness and utilization. This thesis aims to look specifically at relocation disputes within the context of international parental child abduction / more specifically, it sets out to&nbsp / explore whether there is a link between those phenomena, and whether the Hague Convention is sufficient for dealing with relocation disputes. I hope to make a convincing&nbsp / argument that if there were an international instrument regulating relocation, there would be uniformity and consistency. People&rsquo / s confidence in the legal processes would be&nbsp / restored, motivating them to apply formally to relocate and, in doing so, the incidence of child abductions would be reduced.</p>