Humboldt-Universiẗat, Diss., 2005--Berlin. / Includes bibliographical references (p. 247-260) and index.

LL.M. (International Commercial Law) / In 2006 the governing body of the Hague Conference on Private International Law furnished the Secretariat with a mandate to conduct a series of feasibility studies on the development of an instrument, relating to the choice of law in international contracts. The outcome of these studies was largely successful, finding that there was a need for an instrument of this nature and additionally it would be welcomed by the international legal community. In 2009 the Permanent Bureau of the Hague Conference on Private International Law was invited to form a Working Group (WG) to draft a soft-law instrument affirming party autonomy in international contracts on an international level. The Hague Principles on Choice of Law in International Commercial Contracts (P) was, thus, born. The P were drafted by a panel of experts representing the majority of the world’s legal systems. The working group commentary (WGC will be used to refer to the commentary, whilst WG will be used to refer to refer to the working group itself) which provided the discussions in respect of, and the reasoning behind, the principles has been invaluable in writing this dissertation. The purpose of this dissertation is to investigate the compatibility of Australian and South African law with the P. One of the aims of the P mentioned specifically in the preamble is that these principles are to be used by countries as a model with which to develop their own rules of private international law. A study of the current law as it stands in comparison to the P marks the first step in this exercise, through finding where the law differs we can begin to bridge the disparity between a specific country’s legal system and that of the P. Should the P become an important part of the private international law discourse comparative studies such as this will become common-place. The fact that the principles were drafted as a soft-law instrument is in line with the growing world trend. The flexibility that is achieved through the use of a soft-law instrument may lead to greater legal certainty down the road as contracting parties and international lawyers alike become more familiar with the principles. This familiarity may lead to consensus among experts from around the world and eventually invite the prospect of a binding instrument being drafted...

LL.M. (International Commercial Law) / Please refer to full text to view abstract

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

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.

Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on various relationships, including the relationship between the employer and employee, between the employer and a trade union or a group of employees, employers and employers’ organization. From the foregoing it can be deduced that there are two components of labour law which must be distinguished, namely individual and collective labour. The individual relationship focuses on the relationship between the employer and the employee while collective labour laws deal with matters such as legal nature of trade unions (and employers’ organization), the legal nature and enforceability of collective agreements, collective bargaining institutions and the legal consequences that flow from strikes, lock outs and other forms of industrial action. Collective labour law can therefore be said to be the body of rules which regulates the following collective relationships between: • employees and the trade union they belong to • employers and employers’ organization • employers and /or employers organization and trade unions • the government and trade unions • the government and employers organization However the collective labour law cannot be said to be absolute but is interdependent with individual labour law because the collectively agreed terms become part of the individual employment relation. This study mainly focuses on the collective labour aspect of the labour law system which shall be discussed in detail in the chapters to follow.

Zimbabwean widows need to inherit property when their husbands die. Property, be it material or financial in nature, is a source of sustenance and wealth. Depriving women of property inheritance rights has untold consequences. This study focuses on the property inheritance rights of widows in Zimbabwe in the Sikalenge Ward of Binga District. The aim of the study is to understand how property grabbing affects widows and to find possible solutions and intervention strategies social workers may use. The literature reviewed in the study was drawn from both the legal field and social work to create a link between the fields. The study was shaped by radical feminism for conceptualising property grabbing while the formulated intervention strategies utilised the empowerment model. The study is qualitative in nature using interviews to collect data from ten widows and five social service providers who constitute the total of fifteen participants in the study. Data was analysed qualitatively using interpretive approaches and presentation is textual rather than statistical. The main finding of the study is that widows are still being denied their inheritance rights despite the provision of such rights by the Intestate Succession Laws promulgated in November 1997 by the government of Zimbabwe. Moreover, the widows are not aware of the inheritance laws of Zimbabwe and hence did not seek any professional intervention. The few who attempted the legal process for recourse were not successful. Even though it was minimally attempted, the study established that the main form of failed intervention tried by the women was legal in nature and suggests and emphasises an eminent need for Social Work intervention to supplement legal intervention.

This study is concerned with the evaluation and comparison of a portion of the laws and practices relating to the care and protection of children in five nations: Canada, the United States, Denmark, Italy, and Greece. The subjects discussed include administrative differences, compulsory education, child labour regulations, adoption, the welfare of handicapped and crippled children and grants to needy dependent children. To some extent in the evaluating and in the comparing processes, the factors causing differences in standards of care and protection of children are brought to light. Comparisons have been made in two ways, e.g., by measuring one nation's laws -and practices against another, and by measuring the standards of each nation against international standards and principles. Although it has been found that all five nations have weaknesses in these provisions for the protection of children, a vast difference of strength is shown between Canada, Denmark, and the United States on the one hand -and Greece and Italy on the other. It is the conclusion of the author that these differences show the necessity for international action and help for nations unable to provide adequately for their children without outside help. Considerable difficulty was experienced in finding material for research. Generally, four sources were used for the compilation of relevant information. These were: The University Library, national and international agencies and offices, friends working in the field of social work in the countries studied, -and an amount of material and information gathered by the writer while working in three of the countries involved. / Arts, Faculty of / Social Work, School of / Graduate

This study will examine the circumstances surrounding the passage of the British Columbia Married Women's Property Act, 1873 and the judicial response to it. The statute was an attempt on the part of legislators to clarify and facilitate married women's actions in the marketplace, while accomodating new ideas about women's place in society. But despite the rhetoric about women's rights and the bill's more egalitarian potential, it precipitated no domestic revolution. The courts, in turn, ignored the legislation's more liberal provisions and interpreted it solely as a protective measure. Notwithstanding their different views on gender relations and marital property reform, legislators and judges shared common beliefs about the importance of family life. Consequently, the law defended women's legal rights as family members more than as individuals. Overall, the bill represented a compromise. Although it was meant to alleviate some of a wife's legal disabilities so that she could participate more freely in the economic life of the community, it was also grounded in the Victorian paternalism of the legislators who enacted it and the judges who enforced it. As a result, despite the challenge presented by the provisions of the Married Women's Property Act, the doctrine of marital unity proved remarkably resilient. / Arts, Faculty of / History, Department of / Graduate