Conflicts of law and the mutual recognition of same-sex unions in the EU

My thesis uses legal arguments to demonstrate a requirement for recognition of same-sex marriages and registered partnerships between EU Member States. I draw on the US experience, where arguments for recognition of marriages void in some states previously arose in relation to interracial marriages. I show how there the issue of recognition today depends on conflicts of law and its interface with US constitutional freedoms against discrimination. I introduce the themes of the importance of domicile, the role of the public policy exception, vested rights, and relevant US constitutional freedoms. Recognition in the EU also depends on managing the tension between private international law and freedoms guaranteed by higher norms, in this case the EU Treaties and the European Convention on Human Rights. I set out the inconsistencies between various private international law systems and the problems this creates. Other difficulties are caused by the use of nationality as a connecting factor to determine personal capacity, and the overuse of the public policy exception. I argue that EU Law can constrain the use of conflicts law or public policy by any Member State where these are used to deny effect to same-sex unions validly formed elsewhere. I address the fact that family law falls only partly within Union competence, that existing EU Directives have had limited success at achieving full equality and that powers to implement new measures have not been used to their full potential. However, Treaty provisions outlawing discrimination on grounds of nationality can be interpreted so as to require recognition in many cases. Treaty citizenship rights can also be interpreted favourably to mandate recognition, once private international law is itself recognised as an obstacle to free movement. Finally, evolving interpretations of the European Convention on Human Rights may also support claims for cross-border recognition of existing relationships.

Of Law, Lawlessness, and Sovereignty : Multinational Peacekeeping and International Law

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly complex international relations have driven increasingly detailed internationally drafted guidelines for countries’ interactions while at war, yet there are operational, legislative, and moral issues arising in multinational peacekeeping situations which these laws do not address at all. The author analyzes three unique peacekeeping operations in light of these legislative voids and suggests systematic points to consider to the end of protecting the peacekeepers, the national interests of the countries involved, operational matters, and clearly delineating both the objective and logical boundaries of a given multinational peacekeeping mission.

Compliance to law and effectiveness of the rule of law in Brazil

The goal of this paper is to debate the degree of effectiveness of the rule of law in Brazil, through a survey measuring perceptions, attitudes and habits of Brazilians in regard to compliance to law. The survey conducted in Brazil is based on the study conducted by Tom R. Tyler in the United States, entitled Why People Obey the Law? (New Haven, CT: Yale University Press, 1990). The main argument of Tyler´s study is that people obey the law when they believe it’s legitimate, and not because they fear punishment. We test the same argument in Brazil, relying on five indicators: (i) behavior, which depicts the frequency with which respondents declared to have engaged in conducts in disobedience to the law; (ii) instrumentality, measuring perception of losses associated with the violation of the law, specially fear of punishment; (iii) morality, measuring perception of how much is right or wrong to engage in certain conducts in violation of the law; (iv) social control, which measures perception of social disapproval of certain types of behavior in violation of the law, and (v) legitimacy, which measures the perception of respect to the law and to some authorities. Results indicate that fear of sanctions is not the strongest drive in compliance to law, but more than legitimacy, indicators of morality and social control are the strongest in explaining why people obey the law in Brazil.

Investigation project: Representations about the professional role of recently graduated from the psychology career, state University of La Plata : Its relation with job insertion and performance

In this paper we present a research that took place between 2010 and 2012 included in an investigation scholarship awarded by the State University of la Plata. It is about the problem with the transition between college and professional work. It is a part of the produced studies on the importance of social representations as factors that impact on the performance of specific activities. In this case it's about finding out the relations given among the representations about graduated professional role of the Psychology career and its job insertion and performance. The theoretical framework corresponds to Social Psychology and Guidance theories. Methodologically this is an exploratory and descriptive study, based on the 'triangulation' conception, of multiple type, that allows combining in the same investigation, different strategies, theoretical perspectives and sources; however qualitative techniques were prioritized to analyze data. Finally there are some considerations about the social representations concerning to the professional performance, mainly in the clinical field associated to education, and also to the problems of both situations over other fields

Investigation project: Representations about the professional role of recently graduated from the psychology career, state University of La Plata : Its relation with job insertion and performance

In this paper we present a research that took place between 2010 and 2012 included in an investigation scholarship awarded by the State University of la Plata. It is about the problem with the transition between college and professional work. It is a part of the produced studies on the importance of social representations as factors that impact on the performance of specific activities. In this case it's about finding out the relations given among the representations about graduated professional role of the Psychology career and its job insertion and performance. The theoretical framework corresponds to Social Psychology and Guidance theories. Methodologically this is an exploratory and descriptive study, based on the 'triangulation' conception, of multiple type, that allows combining in the same investigation, different strategies, theoretical perspectives and sources; however qualitative techniques were prioritized to analyze data. Finally there are some considerations about the social representations concerning to the professional performance, mainly in the clinical field associated to education, and also to the problems of both situations over other fields

Investigation project: Representations about the professional role of recently graduated from the psychology career, state University of La Plata : Its relation with job insertion and performance

In this paper we present a research that took place between 2010 and 2012 included in an investigation scholarship awarded by the State University of la Plata. It is about the problem with the transition between college and professional work. It is a part of the produced studies on the importance of social representations as factors that impact on the performance of specific activities. In this case it's about finding out the relations given among the representations about graduated professional role of the Psychology career and its job insertion and performance. The theoretical framework corresponds to Social Psychology and Guidance theories. Methodologically this is an exploratory and descriptive study, based on the 'triangulation' conception, of multiple type, that allows combining in the same investigation, different strategies, theoretical perspectives and sources; however qualitative techniques were prioritized to analyze data. Finally there are some considerations about the social representations concerning to the professional performance, mainly in the clinical field associated to education, and also to the problems of both situations over other fields

3.4 MU registrar informed Lloyd Gaines that he was not eligible to attend the University of Missouri due to the fact that Gaines was a Negro

After several weeks, Gaines finally received a reply to his application from Sy Woodson Canada, the MU registrar. Canada informed him that he was not eligible to attend the University of Missouri due to the fact that Gaines was a Negro and it was in conflict of Missouri state law for MU to admit him.

3.5 S. Woodson Canada, University of Missouri Registra

Although Canada did not have the ultimate authority to reject Gaines’ application, the chances for Lloyd were bleak; it appeared that the School of Law at MU would not accept him.

1.6 Lloyd Hogsett, University of Missouri Legal Counsel

By March, 1936, the University of Missouri formally rejected Gaines because Missouri law would not permit a person of African descent to enter a white school. Within three weeks, the NAACP petitioned the court asking the University of Missouri to open its doors to Gaines on the grounds that it was the only public law school in Missouri.

2.3 University of Missouri building

The university’s defense, led by William Hogsett, countered that the University was bound by law to reject Gaines’ application and stated that Lincoln University had to provide higher education for Negroes. This is the point that Houston wanted the court to address. Houston got Canada to admit the only students he would bar would be of African descent. Hogsett, on the other hand, was unable to unnerve young Mr. Gaines with speculation that the NAACP had put him up to applying at MU. Gaines replied,” No, that is my idea; about the [law] suit.”

3.2 Lloyd L. Gaines/Marian O'Fallon Oldham Black Culture Center at University of Missouri

Lloyd Gaines’ memory has been honored most notably by the University of Missouri. In 1995, a law scholarship in his name was established at the institution. Also, in 2001, MU opened the Gaines/Oldham Black Culture at MU which shares his name.

An Hebrew grammar, collected chiefly from those of Mr. Israel Lyons, teacher of Hebrew in the University of Cambridge; and the Rev. Richard Grey, D.D. rector of Hinton, in Northamptonshire: To which is subjoined a praxis, taken from the sacred classics, and containing a specimen of the whole Hebrew language: with a sketch of the Hebrew poetry

as retrieved by Bishop Hare ...

The European Union’s Rule of Law Promotion in its Neighbourhood: A Structural Foreign Policy Analysis. EU Diplomacy Paper 04/2013

The promotion of the rule of law has become an important dimension of the European Union’s relations towards its neighbourhood. The rule of law is, however, a complex and multifaceted notion and the EU’s rule of law promotion policy has often been criticised for being either inefficient or self-interested. This collection of short papers offers an analysis of various case studies using the analytical framework of structural foreign policy (SFP) developed by Stephan Keukeleire. It aims to promote an original analytical perspective on the EU’s foreign policy but also to critically test and further develop the SFP analytical framework. The contributions of this collection consist of the shortened version of students’ Master’s theses written at the College of Europe during the academic year 2011-2012 in the framework of the course “The EU as a Foreign Policy Actor” taught by Stephan Keukeleire, Chairholder of the TOTAL Chair of EU Foreign Policy in the Department of EU International Relations and Diplomacy Studies.

Register of the University of California

Description based on: 1871