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

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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,...

[pt] O Direito Internacional Privado, tendo como eixo axiológico o homem, é um dos mais importantes instrumentos da ciência jurídica no reconhecimento e preservação da dignidade e dos direitos humanos. Em se tratando de família, essa propriedade vem sendo notada no decorrer de sua história, fornecendo ao homem a oportunidade de ter sua dignidade respeitada das mais diversas formas. A uniformização e a codificação do Direito Internacional Privado, através da composição de grandes ambientes de debates e negociação, como a Convenção Permanente da Haia, possibilitam o respeito às diferenças culturais e sociais. Consequentemente, no momento da construção da melhor lei a ser aplicada ou até mesmo da lei material adotada pela Convenção, constrói-se um conjunto normativo sólido e legítimo que fornece ao indivíduo sua promoção. / [en] The Private international law, having as the axiological axis the man, is one of the most important tools of legal science in the recognition and preservation of dignity and human rights. When it comes to family, this property has been recognized in the course of its history, giving the man the opportunity to have their dignity respected in many different ways. The standardization and codification of Private International Law, through the composition of large spaces of debate and negotiation, as the Permanent Convention Hague, allow respect for cultural and social differences. Consequently, during the construction of the best law to be applied or even the substantive law adopted by the Convention, it s built a solid and legitimate set of rules that provides promotion to the individual.

This thesis defines the most important transport documents used in the carriage of goods by sea. It describes the way how they are used and the functions they perform. The main emphasis is focused on the bill of lading which is mostly used in the liner shipping and on the Charter Party, which is the basis of the realization of the tramp shipping. The thesis gives a comprehensive overview of a complicated international legislation of the liability relations in the maritime transport, which are differently regulated in the Hague, Hague-Visby and Hamburg rules at present. There is also provided a basic overview of the maritime transport risks and the possibility of their coverage in order to reduce the negative impact of eventual damages.

Since the beginning of the nuclear era, starting during the 1940s, large amount of radioactivity has been released into the environment. This thesis deals with the temporal and spatial distribution of the anthropogenic radioisotope 129I (T1/2= 15.7 Myr) in northern Europe. A routine sample preparation procedure for extraction of iodine from milligram amounts of solid materials has been developed and aimed for measuring the 129I concentration by the ultra-sensitive accelerator mass spectrometry method. The technique was further used for the analysis of 129I in sediments collected from two lakes in Sweden and one lake in Finland as well as sediments from two sites in the Baltic Sea. In addition, 129I concentrations in aerosol samples from northern and southern Sweden covering the period 1983 to 2000 have been measured. The results reveal a gradual increase in the anthropogenic 129I fluxes since the 1950s that are linked to emissions from the nuclear fuel reprocessing facilities in Sellafield (UK) and La Hague (France). A sharp increase coinciding with the Chernobyl accident is identified from the Swedish lakes located in areas characterised by relatively high Chernobyl fallout. Numerical modeling of the 129I deposition predicts that >50% of the flux to the lake sediments is related to the liquid emissions from the reprocessing facilities. The modeling also reasonably simulates the contribution of the Chernobyl event to the total 129I flux. The novel time series from northern Europe on 129I in aerosols show about one order of magnitude higher concentration in northern compared to southern Sweden. Estimate of 129I dry fallout based on the aerosol data suggests <25% contribution to the total fallout. The distribution of 129I in the sediment archives demonstrates the potential of the isotope as a new time marker for chronological and environmental investigations.

International Arbitration and its roots Arbitration, or in other words peaceful settlement of the dispute, is currently one of the most used methods of settlement of the disputes both on international and national levels. Considering the high augmentation of the disputes resolved through the means of arbitration especially in the last twenty years of this century the arbitration can boldly compete with the judicial resolution of the disputes in popularity and in the number of resolved cases. Considering the augmentation of use of arbitration clauses especially in the private law contracts, there is often a wrong idea, that the process of arbitration is primary an institute of the private law and that it is a new institute, which has been created in the modern times and historically did not exist at all. In chapters four till six of my thesis I will be focusing on proving that roots of today so often used institute of arbitration run deep in the history, till the times of Ancient Greece even, which was the cradle of the civilization as well as of the arbitration. Subsequently I will in this part map the evolution of the arbitration during the two thousand years of its existence, when on this I will show which aspects of the arbitration prevailed to these days and in which aspects contrary is the...

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.

Les règles de droit international privé applicables aux obligations alimentaires présentent trois caractéristiques principales. Primo, elles sont de source principalement internationale. Outre quelques règles de droit commun subsistantes, elles proviennent de six conventions de La Haye, d’un règlement européen, d’une convention adoptée sous l’égide des Nations-Unies et de conventions bilatérales et multilatérales. Secundo, elles s’insèrent au sein du mouvement contemporain de spécialisation de la discipline, ce qui implique un démantèlement des grandes catégories juridiques composant le statut personnel. Tertio, au carrefour de plusieurs intérêts, elles sont d’une particulière complexité. L’étude des obligations alimentaires à caractère international nous permet alors dedresser un bilan critique du droit international privé contemporain de la famille produit de manière désorganisée par la Conférence de La Haye et l’Union européenne. Bien évidemment, l’internationalisation des sources a permis des avancées certaines des méthodes du droit international privé. Parallèlement, elle a profondémentmétamorphosé la discipline en l’orientant vers la satisfaction d’intérêts politiques propres aux producteurs de normes au détriment de ses objectifs traditionnels. Prenant acte de ces observations, nous proposons un renouvellement du mode de production normative. L’amélioration des règles critiquables passe forcément par une réorganisation des rôles de l’État, de l’Union européenne et de la Conférence de La Haye dans l’élaboration du droit international privé. / The rules of Private International Law which could be applied to the maintenance obligations have three main characteristics. First of all, they are mainly from an International source. Some of the rules of International Law come from six Hague Conventions, an European regulation, a convention adopted under the United Nations’auspices, bilateral and multilateral conventions. Secondly, they take part in the discipline specialization through the contemporary movement which conclude the abolition of the main legal categories making up the personal status. Thirdly, they have a particular complexity being at the crossroad of several interests. The study of the maintenance obligations at an international scale allows us to critically asses the contemporary private international family law produced in the disorganized manner by the Hague Conference and the European Union. To be clarify it more, the internationalization of its sources allowed clear advance in the private international law methods. At the same time, it has changed the discipline fundamentally by focusing on the satisfaction of the norm setters’ political interests at the expense of its traditional goal. Taking note of these observations, we propose a renewal of the norms’ production method. Indeed, the questionable rules necessarily improve through the reorganization of the roles of the state, the European Union and the Hague Conference in the development of the private international law.

This thesis examines the body of international law drawn upon during the Nuremberg trials after World War II. The work analyzes the Hague Conventions, the Paris Peace Conference, and League of Nations decisions to support its conclusions. Contrary to the commonly held belief that the laws violated during World War II by the major war criminals were newly developed ideas, this thesis shows that the laws evolved over an extended period prior to the war. The work uses conference minutes, published government sources, the official journal of the League of Nations, and many memoirs to support the conclusions.