LL.M. (International Commercial Law) / The main exploration of this paper is whether a breach of contract as a ground for jurisdiction is sufficient for a court in England or South Africa to exercise jurisdiction. This question seems straightforward in England, but not so much in South Africa. England enacted their Civil Procedure Rules to make provision for a court to exercise jurisdiction when a plaintiff who is in England wants to sue a foreign defendant in England.1 The breach of contract must occur in the jurisdiction before an English court will permit service out of the jurisdiction. South Africa’s laws on jurisdiction are derived from Roman law.2 A foreign peregrinus may sue in South Africa either where the incola is domiciled or resident or where the cause of action arises. Breach of contract is allowed in this circumstance. It is necessary for an incola plaintiff to attach property of a foreign peregrinus defendant when he wants to sue the foreign peregrinus in a South African court. This may be done where the attachment founds jurisdiction of the court, ie where the incola sues in the area where he is domiciled or resides, or where the attachment confirms the jurisdiction of the court, ie where the cause of action arises. The cause of action in relation to contracts includes the conclusion of the contract or the performance of the contract in the jurisdiction if the plaintiff sues where the cause of action arises and not where the plaintiff is domiciled or resident. The matter of whether a breach of contract can be regarded as a ratio jurisdictionis is seldom approached by South African courts. In Natal, courts allowed attachment of the defendant’s properties where there were no rationes jurisdictionis...

Pas de résumé / Doctorat en droit / info:eu-repo/semantics/nonPublished

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.

Submitted by EDUARDO MENDONÇA SALOMÃO null (eduardosalomao.adv@gmail.com) on 2016-10-15T16:29:12Z No. of bitstreams: 1 EDUARDO MENDONÇA SALOMÃO - Liberado para Impressão.pdf: 1559657 bytes, checksum: fa7c9d4d97d260ed0c92889b467eb4b0 (MD5) / Approved for entry into archive by Juliano Benedito Ferreira (julianoferreira@reitoria.unesp.br) on 2016-10-21T12:18:49Z (GMT) No. of bitstreams: 1 salomao_em_me_franca.pdf: 1559657 bytes, checksum: fa7c9d4d97d260ed0c92889b467eb4b0 (MD5) / Made available in DSpace on 2016-10-21T12:18:49Z (GMT). No. of bitstreams: 1 salomao_em_me_franca.pdf: 1559657 bytes, checksum: fa7c9d4d97d260ed0c92889b467eb4b0 (MD5) Previous issue date: 2016-08-22 / O desenvolvimento do controle das contas e dinheiros públicos acompanha a evolução do homem no tempo. Desde as sociedades mais antigas, após o advento do Estado e a necessidade de arrecadação de impostos para o custeio público, os sistemas de controle surgem, se proliferam e coexistem em diferentes regiões do globo terrestre. A separação dos Poderes do Estado, advinda de Montesquieu, estabeleceu a divisão clássica entre os blocos orgânicos que se convencionaram chamar de Poderes Executivo, Legislativo e Judiciário. Nesta senda, sob análise global, o órgão de controle nos Estados pode estar atrelado a algum dos três poderes mencionados, também podendo coexistir autonomamente, ou, ainda, existir na forma de um novo poder, um quarto Poder Controlador. No Brasil, não é novidade a opção pelo sistema clássico com três blocos orgânicos, cada qual com sua respectiva atribuição ou função principal, bem como também funções exercidas por excepcionalidade. O objetivo maior da tripartição é, justamente, o balanceamento e controle dos Poderes, impondo freios e contrapesos, sistema elucidado pelos Federalistas norte-americanos. Destarte, desde as primeiras normas acerca do órgão de controle, chamados no Brasil de Tribunais de Contas, inúmeras duvidas foram surgindo, parte destas por questões do vocábulo empregado e outras oriundas das doutrinas e interpretações do direito pátrio. Entre as questões nebulosas e controvertidas sobre o Tribunal de Contas, no Brasil, estão o seu posicionamento constitucional, a natureza jurídica deste órgão, sua autonomia ou subordinação, a natureza jurídica de suas decisões, bem como, se este exerce ou não função jurisdicional. No mesmo sentido, a questão de exercício auxiliar no controle externo das contas do executivo pelo legislativo, para final decisão, e, a possibilidade de revisão de suas decisões pelo poder judiciário pode gerar novas dúvidas. Na atual Constituição de 1988, as funções dos Tribunais de Contas foram delineadas e, da análise normativa dos dispositivos desta Carta Magna fora possível extrair a jurisdição anômala exercida pela Corte em comento. Levando em consideração a unidade jurisdicional, e os limites das decisões dos Tribunais de Contas da União ou dos Estados, percebe-se as possibilidades e impossibilidades de sua atuação. Pode-se, inclusive, averiguar, no trato de suas decisões, se há eficácia e efetividade em suas decisões, e em qual medida o sistema jurisdicional Brasileiro colabora para este fato. / The development of the control of public accounts and public money follows the evolution of man in time. From ancient societies times, after the advent of the State and the need for tax revenue for public funding, control systems arise, proliferate and coexist in different regions of the globe. The separation of State powers, arising from Montesquieu’s theory, established the classic division between the organic blocks that are known as the Executive, Legislative and Judicial Branches. Thus, in an overall analysis, the State controlling organs can be linked to any of the three mentioned Branches, also with the possibility of coexisting independently, or even exist as a new sort of Branch, a Fourth Controlling Branch. In Brazil, it is known that the classic system with three organic blocks was a choice by the State formation, each with their respective assignment or main function as well as some functions could also be performed by exceptionality. The main objective of the tripartism form of State is precisely the balance and control of powers, imposing the checks and balances system, the one elucidated by the American Federalists. Thus, since the first laws on the controlling organs appeared, known in Brazil as Audit Courts, many doubts have arisen, some of these issues take place because of the expression used to label the public money and public account controlling organs and other issues are derived from the doctrines and interpretations of the Brazilian Law. Among the nebulous and controversial issues on the Audit Courts, in Brazil, these issues are about its constitutional position, its legal nature, its autonomy or subordination, the legal nature of their decisions, and if they exercise or not a judicial function. Similarly, the issue on auxiliary exercising in the external control of the accounts of the executive by the legislature for final decision, and the possibility of review of decisions by the judiciary can generate new doubts. In the current Brazilian Federal Constitution of 1988, the functions of the Audit Courts were outlined, and from the normative analysis of the provisions of this Charter it was possible to extract the anomalous jurisdiction exercised by the Audit Courts. Taking into consideration the jurisdiction unit, and the limits of the decisions of the Union Audit Courts or the States Audit Courts, it is possible to realize the possibilities and impossibilities their auditing performances. And it may also be verified, regarding the Audit Courts decisions, if there is efficiency and effectiveness in their decisions, and to what extent the Brazilian Judicial Branch contributes to this fact.

LL.M. (International Commercial Law) / Legal judgements against unsuccessful defendants are handed down around the world on a daily basis, but their enforcement can become a complicated matter when the enforcement of the judgement must occur outside the territorial boundaries of the state from which it emanates. The purpose of this paper is to determine the enforceability of judgements of the European courts whereby the jurisdiction of the court was determined in terms of Brussels I. This paper begins with an in-depth discussion of the principles of recognition and enforcement of foreign judgements and the purpose it serves within the context of private international law. The second chapter discusses recognition and enforcement of foreign judgements in South Africa. The requirements and the criteria necessary to fulfil such requirements will be discussed under this heading. The third chapter considers the various grounds of jurisdiction available to the plaintiff in approaching a court of a European Union State. Each ground will be followed by a discussion on the enforceability of a judgement, founded on such a ground of jurisdiction, in terms of the South African principles of recognition and enforcements of foreign judgements and whether the requirements discussed in the preceding chapter have been met. Chapter 4 provides concluding remarks relating to the matters discussed in the body of this paper.

The aim of this thesis is to examine the professional role of school social workers in Sweden from the perspective of profession theory, with particular focus on legitimacy, jurisdiction and discretion. The aim has been divided into four research questions, which are examined in four separate studies: How has the school social work profession emerged and developed? How do school social workers experience boundaries to their professional discretion? How are theories of social work practice applied in school social work? How do school social workers and teachers perceive their cooperation with regard to the wellbeing of pupils? The general area of interest concerns professionals operating in organizations where they are the sole representatives of their profession. In addition, these professionals typically have a peripheral position in relation to the core professions in the organization. The four different studies build on empirical material from qualitative interviews with school social workers and teachers, and also from policy and regulatory documents. The theoretical framework guiding the analysis draws on theories from the sociology of professions (Abbott, 1988) and about human service organizations (Hasenfeld, 1983, 2010). A key finding is that school social worker has a specific technology based on well-established practice theories in social work, where a systems approach appears as the most prominent. Although, it was possible to discern such practice theories from the interviews, the school social workers did not explicitly give reference to them and generally struggled to describe their practice in a professional language. A second key finding result is the lack of clarity with regards to the school social worker’s role. This is evidenced in regulatory documents, as well as among social workers themselves and teachers. In theory, this provides school social workers with a high degree of discretion. However, due to legitimacy problems they feel limited in performing their work unless they can rely on support from other sources such strong support from headmasters. A third key finding is that the cooperation with teachers is all-important to school social workers. They spend a considerable proportion of their time working with teachers rather than pupils, not the least by providing informal consultations to teachers.  On a rhetoric level, teachers agree with social workers about the value and need of school social work. However, they tend to disagree about the role of school social work when they talk about concrete practice. As an overall conclusion the school social worker appears as a critical guest, drawing on a professional foundation in social work theory that contributes uniquely to pupil health care. This distinguishes the school social workers’ role from other professionals in the school setting. The findings in this thesis indicate the need for both education and research in the discipline of social work to start paying attention to social work in schools and other settings where social workers represents a minority occupation peripheral to the host organisation.

For an investment treaty tribunal to proceed to adjudge the merits of claims arising out of an investment, it must have jurisdiction over the parties and the claims, and the claims submitted to the tribunal must be admissible. Inconsistent interpretations of substantive and procedural principles of international investment law that govern the existence and exercise of the arbitral tribunal’s supremacy to adjudge an investment dispute have caused incoherence in investment treaty arbitration. The thesis is an in-depth study of article 25 of the 1965 Washington Convention on the Settlement of Investment Disputes (ICSID), which articulates the Material, Personal and Consensual requirements for establishing the existence of the adjudicative power (Jurisdiction) for dispute resolution and to exercise that adjudicative power (Admissibility) under the aegis of ICSID. The main findings of the research are as follows: 1) ICSID’s double-filtering nature, which has been largely overlooked in ICSID jurisprudence, is fundamental to correct decision-making by arbitral tribunals when deciding on admissibility and jurisdiction issues. 2) ‘Fraudulent intent’ criterion, which borrows its rationale from the concurrent themes in international law jurisprudence, is instrumental to test compliance as required in the upper jurisdictional threshold. 3) ‘Bona fide investor’ test used to measure compliance with the objective requirements of article 25 of the ICSID runs counter to the object and purpose of the Convention. 4) ‘Dynamic’ test, rather than plain ‘objective’ test, would be the adequate pattern to ensure compliance with article 25 of the ICSID Convention for the contemplated investment due to evolving meaning of such generic term. 5) ‘Lex Juridictio’ or set of rules, principals and mechanisms governing jurisdictional and admissibility issues is required as foundation for legal unification and harmonization.

The aim of this study is to serve as an introduction to the legal issues dealing with the presence of foreign states' armed forces in the territory of the Czech Republic and in any other receiving states' territory. Czech Republic has ultimate sovereignty under international law. It has supreme independent authority over her geographic area and is only restricted by the sovereignty of other states, international law itself and by freely accepted commitments. Chapter One is introductory and defines how as a consequence of its status as a sovereign state, Czech Republic joins international and supranational organisations and is part of many bilateral and multilateral security agreements. Such acts of its free will serve as a complex system of security measures that every state needs to undertake in order to secure its geographic area and its population. National security and safety is linked to international peace and security. One without the other cannot exist. Due to rapid developments and globalised world, the threats to states' security has changed. Nowadays, states need to face not only military threats, but non-military threats as well, such as economical, environmental, social or political challenges. States use multiple instruments for the purpose of overcoming these threats. One of the...

Regulation Brussels I and other procedural legislation of European private international law Diploma thesis is particularly focused on rules regulating jurisdiction according Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation. The Brussels I Regulation represents a cornerstone of European judicial cooperation in civil and commercial matters. The main aim of my thesis is to provide comprehensive interpretation of jurisdictional rules in accordance with this regulation. The thesis is systematically divided into nine chapters. The purpose of Chapter One is to introduce a complex issue of European Private International Civil Procedure Law by way of defining the essential terms, subsuming it under the broader framework of private international law and also by describing historical development of this area. Next chapters are entirely concentrated on the Brussels I Regulation. Chapter Two addresses general aspects of this regulation. Those are development and subject matter of the regulation and interpretation of basic terms such as jurisdiction and domicile. Chapter Three deals with scope of application, the understanding of which is fundamental for a correct application. Five subsequent...

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