‘(…) 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 available.

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

No abstract available.

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

This thesis focuses on the rights of the child in respect to the inter-country adoption. It aims to seek the notions of cultural relativism within those fundamental rights which are immediately applicable on the process of adoption. The thesis bases its theoretical framework on the current discourse on the universality of human rights. The theory of the three levels of cultural relativism is applied on the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption to demonstrate the cultural relativism of the Convention itself.

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