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Inter-tribal clashes have emerged to be one of the biggest contributors to rampant insecurity witnessed in South Sudan and in Jonglei state the clashes revolve around cattle rustling. Efforts to quell the violence from government, the international community, religious movements, and other South Sudan national organizations have not yielded significant fruit yet. This qualitative case study research explores the underlying manifestation of the conflicts among three communities Nuer, Murle and Dinka, who live in Jonglei. The main objective was to explore the changing context of cattle rustling and understand the effects of conflicts related to cattle raiding in Jonglei. The approach of the dissertation is unique in that it examines both historical and current trends in cattle rustling to create a better understanding of the conflict situation. The dissertation focuses on Jonglei state because it has produced the highest number of conflicts related to cattle raiding.

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption was agreed upon in 1993 at the Hague Conference on Private International Law to address growing allegations of abduction, sale, and trafficking of children around the world. The Hague Convention guides countries to attend to the “best interest of the child” in making decisions on intercountry adoptions, and to apply the “principle of subsidiarity,” which calls for the consideration of family and kinship placement and national adoption prior to the consideration of intercountry adoption. This dissertation research focused on the experience of Guatemalan mothers reporting the abduction of their children for intercountry adoption. It examines implications for human rights and the child welfare system. In countries where child abduction allegations have been widespread, illegal adoption has been found to be a common practice and is the result of international child trafficking. Large financial gains are implicated in this type of organized crime, which appears to promote baby selling. In countries enacting the Hague Convention, the continuation of these allegations points to the governments’ inability to prosecute and penalize those responsible. Illegal adoptions pose significant threats to the ethical standards set by the Central Authorities established to implement the Hague Convention. Child abduction has been found to complicate and delay the determination of adoptability, and to undermine due process for legitimate intercountry adoptions. Child abduction has profound effects on grieving mothers and their families after the loss of their children with no resolution in sight. This constructivist research documents the story of three Guatemalan women who reported to public authorities the separate and unrelated abduction of their respective daughters in 2006. The case study report is a “thick description” of the lived experience of these mothers before, during, and after the child theft. The narration comprises an interpretation of their experience, or the participants’ meaning-making of such experience. Based on the mothers’ accounts, their victimization at the hands of child traffickers was followed by victimization by public authorities, who did not exercise due diligence in these child abduction cases. After these survivors exhausted their individual searches for their children, they approached the Fundación Sobrevivientes, who provided them with legal representation and psychosocial support. Together with other mothers, these women publicly advocated for their rights and the rights of their children. Their collective response to this form of violence was critical to accessing the case files in which they identified their abducted children. By engaging in individual legal claims, the participating mothers have sought nullification of each intercountry adoption and the prosecution of those involved in the corresponding illegal and corrupt activities. To conduct this constructivist inquiry, the researcher spent a year in Guatemala, completing prior ethnography for the emerging design and carrying out the interviews. This involved engaging participants with the researcher in a “dialectic hermeneutic process” through multiple “waves” of interviews (at the personal, practice, and policy levels), concluding with two phases of “member checking” or participants’ review of the research findings. To enhance rigor, besides analyzing the relevant literature, the process involved peer and translation reviewers and consultations with national and international scholars with relevant knowledge and expertise, including dissertation committee members. The four elements of the working definition of child abduction developed from the literature review (child theft, deceptive, coercion, and fraud) and other hypothesis on child abduction were confirmed in the mothers’ stories and by the research participants. The tentative findings or lessons identified in this constructivist inquiry should not be considered generalizable, but as “joint constructions” or co-creations between the research participants and the researcher. Based on general guidelines, the readers are encouraged to make their own assessment of the case report, and decide on whether the findings are relevant or may be replicable in other contexts.

En sa qualité d’enfant, le mineur doit être protégé. Lorsqu’il se déplace par delà les frontières, ce dernier est exposé à des problématiques particulières induisant un élément d’extranéité. Le particularisme de ces situations impliquant plusieurs États entraine régulièrement l’application des mécanismes du droit international privé. Pour autant, peut-on demander à cette matière de contribuer à la protection de l’enfant mobile au travers des règles qu’elle fixe ? C’est ce que la présente étude s’est proposé de faire en s’employant à justifier la recherche d’un objectif matériel en ce contexte par la matière du droit international privé. En effet, l’évolution privatiste régulatrice du droit international privé semble légitimer cette ambition en octroyant à la matière la capacité de chercher à protéger un intérêt et, plus particulièrement nous concernant, celui de l’enfant déplacé.Au final, cette étude se propose d’avoir recours à une utilisation fonctionnelle du droit international privé dont le seul but est d’apporter à l’enfant qui se déplace par-delà les frontières des solutions propres à lui garantir une protection satisfaisante et ce, en dépit de la complexité de sa situation. / As a child, the minor must be protected. When moving across borders, minors are exposed to peculiar problems. These types of situations where several States are involved usually lead to the implementation of private international law. But can we apply the rules of private international law to the protection of the displaced child?This study proposes to clarify the use of this section of the law in achieving a tangible objective. Indeed, the private regulatory evolution of private international law seems to legitimize this aim in granting the subject matter the capacity to protect an interest and, more specifically that which concerns us, the interest of the displaced child.Specifically, this connection should be attributed to the competent authorities and to the law of the child's habitual residence in the event of continuous displacement. In order to understand the focus and integration centre of the displaced minor, the customary residence reflects the axiological system of the minor, that is to say, the focal point of his or her main ties. Of course, in the event of a change in the child's customary residence, the rules inherent to conflict of mobility should be able to justify their intervention in an effort to update the location of the focus and integration centre and, consequently, to the understanding. Thus, in the hypothetical case of temporary displacement, the closest chosen proximity should lead to the subsidiary, exceptional and temporary designation of the competent authorities and to the law of the State in whose territory the child is located.However, the flexibility of our proposals seemed to have lead to sometimes allowing deviations from the normal rules of jurisdiction. This would, however, only be achieved by the acceptance of the judges and the parties concerned.In conclusion, this study proposes to employ the functional use of private international law whereby the sole purpose is to provide children displaced across borders, with solutions that are ready to guarantee them adequate protection despite the complexity of the situation.

International Child Abduction and International Private Law The aim of this thesis is to provide an overall insight into the issue of the International Child Abduction and to analyse the relevant instruments of law which desire to protect the child and other victims of abduction and to avoid harmful effects the abductions may have. In that context the thesis mentions the most important conventions which apply in this field. Among those legislations belongs first of all the Hague Convention on the Civil Aspects of International Child Abduction 1980 (hereafter as Hague Convention), also the Convention on the Rights of the Child (hereafter as CRC) and the Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter as ECHR). This thesis constitutes a complete and methodical overview of the return procedure under the Hague Convention. In the meantime it tries to point out some underlying issues which the Hague Convention failed to codify. This gaps in legislation and an absence of a single court to give an authoritative rulings on the interpretation of the Hague Convention cause that it lacks uniform application in practice. The thesis supports its conclusions by referring to the Jurisprudence of the European Court of Human Rights and offers to the reader various solutions of basic...

Since the late 20th century there has been an increase migration in of people due to the development of new technologies, easier ways of travel and the opening of national borders. People travel abroad for jobs, studies, or exploring new countries. During these travels some of them find life partners abroad, settle down there, conclude marriages and establish families. It often happens that such marriages end in divorce. If children are born in such a wedlock questions arise as to who will take care of them, who will pay maintenance etc. In some cases a parent decides to solve a conflict situation in such a way that he/she moves with the child without consent of the other parent to another place within the country or he/she decides to move to another country, usually to the country of his/her origin. He/she wants to settle there with the child and to legalize staying there. Such removal where national borders are crossed is considered to be international child abduction. The basic document dealing with the issue of international child abductions is the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter the Hague Convention) adopted on 25 October 1980 and currently acceded to by 87 states. The Hague Convention establishes rules according to which cases of...

<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>

<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>

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Magister Legum - LLM / 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 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 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 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 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 either domestically or internationally. This causes a significant impact 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 jurisprudence has been developed over time to assist with custody and relocation disputes. ‘Much has been written on the Hague Convention – its flaws and its successes, its 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 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 argument that if there were an international instrument regulating relocation, there would be uniformity and consistency. People’s confidence in the legal processes would be restored, motivating them to apply formally to relocate and, in doing so, the incidence of child abductions would be reduced. / South Africa