To see the other types of publications on this topic, follow the link: Domestic relations courts.
Dissertations / Theses on the topic 'Domestic relations courts'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 22 dissertations / theses for your research on the topic 'Domestic relations courts.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Cheng, Ka-po Maria. "A proposal for the establishment of the family law court in Hong Kong and the possible contribution of the social work profession /." [Hong Kong : University of Hong Kong], 1985. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12322349.
Full text
2
McMillin, Heidee Eileen. "Process and outcome evaluation of the Spokane County meth family treatment court, 2003-2005." Online access for everyone, 2007. http://www.dissertations.wsu.edu/Dissertations/Fall2007/h_mcmillin_120307.pdf.
Full text
3
Macaulay, Fiona. "Private Conflicts, Public Powers: Domestic Violence in the Courts in Latin America." Palgrave Macmillan, 2005. http://hdl.handle.net/10454/2936.
Full textAbstract:
NoDuring the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.
4
Taylor, Nicola J., and n/a. "Care of children : families, dispute resolution and the Family Court." University of Otago. Children's Issues Centre, 2006. http://adt.otago.ac.nz./public/adt-NZDU20060810.120428.
Full textAbstract:
This study explored family members� experience of, and satisfaction with, New Zealand Family Court dispute resolution processes concerning children�s care arrangements following parental separation. A qualitative method was employed, using individual interviews with 22 parents and 8 children from 15 families, in three court districts, during 2001-2002. Follow-up interviews were also conducted with the parents one year later to assess the factors affecting compliance with their agreements and court orders. Focus groups were held with 16 Family Court professionals (lawyers, counsellors, specialist report writers and judges) in two cities to obtain their views on the family members� perspectives.
Sociocultural and ecological theories, the sociology of childhood and the UNCRC provided the conceptual basis for the research. Historical developments in child custody and divorce laws, which provided the impetus for the establishment of Family Courts internationally, have also been reviewed.
Each parent was legally represented, with 87% of the families also attending Family Court counselling and judge-led mediation conferences. Defended hearings occurred in 27% of the cases. Family members reported a broad range of views about their legal and court experiences. They valued their interactions with professionals who took an interest in them and their children, provided clear information and support, let them have their say, and competently managed the dispute resolution processes. Dissatisfaction was frequently expressed with the conduct of ex-partners and with professionals� styles of practice, particularly where these involved erratic or uncompromising attitudes and adversarial tactics. The desire to respond to what was written in an ex-partner�s affidavit escalated some parenting disputes onto a litigation pathway. Delay, cost, gender bias, lack of enforcement of court orders, and inadequate opportunities to feel heard, understood and respected were also identified as problems associated with Family Court proceedings. Earlier access to a wider range of information, support and conciliation services was recommended, together with more post-order explanation and support.
The professionals wanted a stronger emphasis on the Family Court as a court of law, rather than a social agency. A clearer demarcation between the court�s conciliation and adjudication functions was considered necessary to avoid clients having unrealistic expectations of the Family Court. Family members� therapeutic needs were important, but thought best met within community-based agencies.
The children were aware of their parents� court proceedings and most wanted the opportunity to play a more direct role in the decision about their future living arrangements.
Significant or modest changes had occurred in 60% of the families by the time of their follow-up interviews. Some changes had led to a reversal in the original care arrangements, while others had impacted upon the frequency of a child�s contact with their non-resident parent.
A new conceptual model for the resolution of post-separation parenting disputes has been developed. This integrates the theoretical framework underpinning the study with the international research evidence on the impact of parental separation and the principles and practices of an effective child-inclusive and culturally responsive family law system.
5
Cheng, Ka-po Maria, and 鄭家寶. "A proposal for the establishment of the family law court in Hong Kong and the possible contribution of the social work profession." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1985. http://hub.hku.hk/bib/B31247453.
Full text
6
Lowry, Christine. "Child welfare court process experiences of families and workers /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://wwwlib.umi.com/cr/yorku/fullcit?MQ22862.
Full textAbstract:
Thesis (M.S.W.)--York University, 1997. Graduate Programme in Soical Work.Typescript. Includes bibliographical references (leaves 122-129). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?MQ22862.
7
Mangezi, Mutsa. "International law before municipal courts: the role of International Court of Justice decisions in domestic court proceedings with specific reference to United States case examples." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1007325.
Full textAbstract:
In the case of LaGrand (Germany v United States), the International Court of Justice held that the United States (US) had violated its international obligation to Germany under the Vienna Convention on Consular Relations when it executed two German nationals without first informing them of their consular rights. The case came before the court after the United States had disregarded a preliminary ruling passed by the IC], which directed the US not to execute the German nationals pending the outcome of the ICJ case. The decision raised the issue of the effect of ICJ decisions in domestic proceedings and the effectiveness of ICJ enforcement mechanisms. This thesis considers the possibility of a role for national courts as active enforcers of ICJ decisions. It is argued that whilst evidence shows that there is no legal obligation on courts to enforce ICJ decisions, there is certainly room in international law to facilitate this development. In support of this argument, the thesis demonstrates how basic presuppositions about international law have shifted over the last few decades. This shift has been both the impetus and the result of globalisation. The case of LaGrand alongside similar cases is used to show how national courts may play an increased role in the enforcement of ICJ decisions.
8
Long, Amanda H. "Family dependency treatment courts case studies from Mecklenburg County's families in recovery Staying Together (First) Program /." View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-2/longa/amandalong.pdf.
Full text
9
Leung, Yee-wah Eva, and 梁綺華. "An exploratory study of the issues of integrating divorce mediation service into the existing judicial system." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B31248640.
Full text
10
Wafula, Tumani Regina. "Implementation of the Rome statute in Kenya : legal and institutional challenges in relation to the change from dualism to monism." University of the Western Cape, 2012. http://hdl.handle.net/11394/4632.
Full textAbstract:
Magister Legum - LLMThe new Kenyan constitution has introduced an immediate monist approach of implementing international legal standards. Accordingly, the transformation from dual to monism will necessitate a discussion of theories of incorporation of international instruments into national laws. This will set the basis of what method Kenya should follow. This paper attempts to address potential procedural problems with implementing the Rome Statute in a new monist Kenya and will argue that as a precautionary measure during the country’s transition any deviation, by the court, from national law will require articulation and justification under an international framework. It will include a review of the Kenyan International Crimes Act 2003 (ICA) and its adoption into the domestic law of Kenya. It will also include examination of previous situations where domestic courts have applied international law standards in domestic trials before and after the monist Constitution of 2010. This paper aims at assessing the key challenges to the effective implementation of the Rome Statute in Kenya both objectively and substantively. It examines the challenges facing the Kenyan courts in relation to the exercise of universal jurisdiction and the criminalization of international crimes. It will seek to point out the weaknesses and conflict between the Kenyan constitution, The International Crimes Act and the Rome Statute. The ICA was silent on some aspects of the Rome Statute and the paper will attempt to discuss these issues and what they portend in the implementation of the Rome statute in monism. It will also discuss the effect of the new constitution on the practical operation of the Rome Statue. The operational capacity of institutions mandated with practical implementation of the Rome Statute will be examined. It will further seek to ascertain whether the laws and policies reflect Kenya’s commitment to international criminal justice. By way of conclusion, the paper will create a possible inventory of issues, which might arise in Kenya’s prosecution of International crimes under the Rome Statute, and suggestions on how such issues could best be addressed.
11
Anderson, Jaclyn. "Examining Orders of Protection: An Analysis of the Court System in a Rural Tennessee County." Digital Commons @ East Tennessee State University, 2009. https://dc.etsu.edu/etd/1825.
Full textAbstract:
To provide safety to domestic violence victims, law reform efforts provided victims with a civil remedy in which a judge orders the abuser to stay away from the victim.
The research uses 1 rural county judicial system data to evaluate protective orders. Findings indicate that 42% of petitions are dismissed by petitioner's request or failure to prosecute. Moreover, court fees are not recouped in 79% of the cases.
Logistic regression analysis indicate that an intimate relationship between the parties and payment of court costs by petitioner increased the probability of dismissal of petition upon petitioner's request; use of a gun and request to protect children increases the probability of applying the Brady Act; stalking and the issuance of the order of protection without social contact increased the probability of violations.
12
Greenfield, Julianne. "Consuming passions in the court of faded dreams: 'high conflict' in children's cases in the Family Court of Australia." Thesis, The University of Sydney, 2007. http://hdl.handle.net/2123/20353.
Full textAbstract:
This thesis examines the construct of 'high conflict' as it is currently applied to children's cases in the Family Court. Underpinned primarily by psychological understandings of separation and post-separation conflict, notions of 'high conflict' have been the dominant framework used to understand and work with difficult cases involving parenting after separation in the Family Court of Australia. However, from a social work perspective, many 'lenses' were available with which to view post-separation conflict: the social, the legal, the psychological and the overlapping categories of the socio-legal and the psycho-social. These have been used to critically interrogate the concept of 'high conflict'. This mixed methods study was designed to investigate whether 'high conflict' can be predicted, so that these cases may be able to be more effectively managed by the Family Court. Consistent with a mixed methods approach, the research has moved through various phases. Firstly a large group (one-hundred-and-sixty) of parent litigants in children's cases was selected and surveyed, and the legal matter tracked through the Court in order to ascertain the ease or difficulty of settlement. Matters that took over twelve months to settle were designated 'high conflict'. The 'high conflict' litigants were compared with litigants whose matters settled relatively quickly, on a large number of variables collected from the survey, to see if they differed in significant ways from each other. Secondly all litigants in the cohort were interviewed about their settlement behaviour to see if there were differences between 'settlers' and 'non-settlers' in their understandings of the settlement (or lack of it) which might provide insights into 'high conflict'. Thirdly, a sub-sample often litigants whose cases were marked by long duration or marked intensity were interviewed in-depth to explore their post-separation experiences including litigation. The interviews were analysed thematically to see if common themes, understandings or meanings emerged. Finally, a sub-sample of cases for which both parents had responded to the survey was analysed, using some of the variables of interest which had emerged from the previous investigations. The distinguishing feature of this latter investigation was that data from both parties was available. From the large body of data which was generated, the following findings were made: In relation to the initial survey data, which was analysed quantitatively to yield correlates of cases that took over twelve months to settle, knowing these correlates was of little assistance for prediction. The follow-up in-depth data from the large sample of parent litigants proved to have explanatory value but not predictive value. Some common themes and meanings emerged from the experiences of individuals in the small sample who were interviewed in depth, accentuating the complexity of the phenomenon being studied. The predictive capacity of these themes was evaluated and critiqued. The data from the parent-dyads was found to have explanatory value and arguably some predictive value, but above all highlighted the complexity of post-separation disputes about children. This research has demonstrated the problematic nature of the construct of 'high conflict'. The ultimate conclusion, that one must move beyond categorical and dichotomous ways of thinking when researching this field, is a somewhat surprising and radical one, which issues its own challenge to researchers and practitioners in this field.
13
Ellis, Walter Lee. "The effects of characteristics of judges and attorneys on decision making in domestic relations court : an analysis of child support awards /." The Ohio State University, 1989. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487671640054835.
Full text
14
Hagelüken, Alexandra. "The impact of EC law and WTO law on domestic law : a critical analysis of the case law of the European Court of Justice." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21683.
Full textAbstract:
The relationship between, on the one hand, European Community Law and World Trade Organization Law and, on the other hand, domestic law lies at the heart of this thesis The European Treaty and the World Trade Organization Agreements have far reaching impacts not only on their Member States, but also on individuals. It is of crucial importance for the protection of individual rights and for the effective enforcement of these treaties whether individuals can invoke them before their national courts. After giving an overview of the general theories, which exist in international law with respect to the impact of international treaties on domestic law, this thesis analyzes the case law of the European Court of Justice regarding the impact of EC Law on domestic law and the impact of GATT 1947/WTO Law on the European Community. A review of this case law will demonstrate that the European Court has effectively promoted European integration by the doctrines of direct applicability, direct effect and supremacy. In contrast, the European Court has so far denied that individuals or Member States can challenge the validity of EC Law by invoking provisions of the GATT 1947. It is not clear whether the Court will change its attitude with respect to the WTO Agreements. This thesis will demonstrate that the general denial of direct effect to GATT/WTO Law is not based on legal reasons. With respect to the European Community, individuals must be allowed to rely at least on some of the provisions.
15
Svensson, Åsa, and Sandra Karlsson. "Man packar ihop sin väska och där står hon och har lämnat ut hela sitt liv : En studie av professionella aktörers syn på våldsutsatta kvinnors upplevelser av rättsprocessen och deras möjligheter till samhälleligt stöd." Thesis, Linnéuniversitetet, Institutionen för socialt arbete, SA, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-20670.
Full textAbstract:
The study aims to illustrate how women victims of male violence in intimate relationships are treated during the legal process and with professional perspective describe what women’s experiences considered to be in the legal process. The study also aims to draw attention to the interventions for abused women during the legal process. The results are based on interviews with professionals in the justice system, and on observations in the courtroom. Overall our results show that abused women are in need of a great quantity of help and support before, during and after the negotiation. The legal process is very stressful for the women. In conclusion, we believe that the social services should take greater responsibility for abused women during the legal process and provide support to women so that they are able to get through the legal process without a great deal of emotional damage.
16
Maze, Jonathan William. "With Liberty and Justice for All: An Examination of the United States’ Compliance with Rule of Law as it relates to Domestic and International Terrorism." Wright State University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=wright1527529654328283.
Full text
17
Venturi, Almina, and Emelie Niklasson. "Kvinnan i brottsmål gällande grov kvinnofridskränkning : En normkritisk studie om hur kvinnan i brottsmål gällande grov kvinnofridskränkning framställs och bedöms i tingsrättsdomar." Thesis, Linnéuniversitetet, Institutionen för socialt arbete (SA), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-75164.
Full textAbstract:
The construction of the woman exposed to violence and how she is produced in the Swedish judiciary is important to understand the view of men's violence against the woman. How the woman exposed to violence in today's context are produced by the judiciary in relation to political and media discussions are also affecting social work and its practice. The aim of the study is to, with a norm critical perspective, highlight how women represented and assessed in Swedish district court judgments. We want to investigate how the woman exposed to violence in close relationships is produced and judged in Swedish courts. The study is based on a qualitative research effort and a discourse analysis has been made of 12 district court judgments from different district courts in Sweden. Through a thematic analysis, three themes became clear: “the district court's perception of the credibility of women”, “the course of events based on women's perspectives” and “the district court's considerations in assessing the crime breach, coarse women's violence”. The chosen theoretical approach that has been used to create an understanding of our research problem is norm critical perspective and the concept of ideal crime victim. The results gave us the conclusion that in Swedish district courts there are norms about how women exposed to violence should behave.
18
Whytock, Christopher A. "Domestic Courts and Global Governance the Politics of Private International Law." Diss., 2007. http://hdl.handle.net/10161/452.
Full text
19
NOLAN, Aoife. "Children's socio-economic rights and the courts : evaluating an activist approach." Doctoral thesis, 2005. http://hdl.handle.net/1814/4729.
Full textAbstract:
Defence date: 28 October 2005Examining Board: Prof. Wojciech Sadurski, EUI (Supervisor) ; Prof. Carol Sanger, Columbia University (External Supervisor) ; Prof. Philip Alston, New York University ; Prof. Geraldine Van Bueren, Queen Mary/University of Cape Town
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Despite the significant growth in academic interest in both children's rights and socio-economic rights over the last two decades, children's socio-economic rights are a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the socio-economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's socio-economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice. The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of socio-economic rights. This dissertation thus represents a major original contribution to the existing scholarship in a range of areas including human rights, legal and political theory and constitutional law.
20
Kuo, Chien-Lan, and 郭倩嵐. "Comparative Studies on Beliefs in Marriage, Relative Power in Relations, and Confrontation Coping Strategies Between Couples Attempting to Divorce in Family Mediation in Domestic Court and Married Couples." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/45044716721875977282.
Full textAbstract:
碩士國立新竹教育大學
教育心理與諮商學系碩士班
102
The focus of this comparative study was to understand beliefs in marriage, relative power in relations, and confrontation coping strategies between couples attempting to divorce in family mediation in domestic court, and ordinary married couples. Fifty eight participants from the couples attempting to divorce in family mediation in domestic court were recruited, including 29 males and 29 females, they were asked to complete the questionnaire before they started the family mediation procedure. For the group of married couples, 28 males and 30 females who were volunteers from the Internet confirmed that they did not intend to divorce, also completed the questionnaires on paper by mail. The instruments included the Implicit Theories of Relationships Scale, the Dyadic Adjustment Scale, and the Marital Coping Inventory. Descriptive statistics, Pearson correlation, Multivariable ANOVA, and logistic regression analysis were used to analyze the data.The main findings are as follows: First, there was no difference between the married couples and family mediation couples in terms of age and gender. However, when participants were divided into plaintiffs, counterparties and married couples, the numbers of female plaintiffs were significantly more. Second, family mediation couples versus married couples had significant differences in " beliefs in the relationship development; and "relative power in relation,” couples in the family mediation group had a bigger gap in their power distribution; and on "confrontation coping strategies”, couples in the family mediation group tended to escape into "self-interest" activities when confrontation happened. Third, when in three groups (plaintiffs, counterparties, and married couples),on " beliefs in the relationship development " married couples scored substantially higher than the other two groups;on "relative power relationship" husbands were higher in the power hierarchy in the respondents group than in the married couples group, and on"confrontation coping strategies" these groups presented essential differences in all items, including the items of "seeking social support", "conflicts", "introspective self-blame", "self-interest", and "avoidance".However, it was only in the "conflicts " items that the plaintiffs scored higher than married couples. In all of the other items, both plaintiffs and counterparties scored higher than married couples. Fourth, female respondents scored higher than the male ones on " beliefs in the relationship development " but males scored higher in the items of "seeking social support" than the female ones. Fifth, the following six variables could predict whether the couple wouldl enter family mediation procedures for divorce or not. They were "destiny beliefs" ," beliefs in the relationship development ", "relative power relationship", "positive approach”, "introspective self-blame" and "self-interest.” When the scores were higher on "destiny beliefs", "relative power relationship," "introspective self-blame", and "self-interest" and lower on "marriage development beliefs", and "positive approach", the couples were more likely to enter into the family mediation procedures for divorce in the domestic court. Research findings and implications were addressed. Key words: family mediation, marriage beliefs in married couples, relative power relationship in married couples, confrontation coping strategies in married couples.
21
Roldan, Carlos Andres. "Le statut de Rome de la cour pénale internationale et le droit interne d’un pays en situation de conflit armé : le cas de la Colombie." Thèse, 2014. http://hdl.handle.net/1866/11260.
Full textAbstract:
L'incorporation du Statut de Rome de la Cour pénale internationale dans l’ordre juridique d'un État partie représente pour celui-ci un énorme engagement envers la justice, la protection et la garantie des droits fondamentaux de la personne humaine. La situation est particulièrement préoccupante dans le cas de la Colombie où la violation de ces droits fondamentaux a historiquement été notoire au cours du conflit armé interne qui sévit encore dans le pays aujourd’hui.
Du fait de la ratification du Statut de Rome par l'État colombien, ce pays a le devoir de privilégier la recherche de la vérité, de la justice, de la réparation intégrale et les garanties de non-répétition pour les victimes du conflit armé. Ce traité international vise à empêcher la mise en place de règles consacrant l'impunité et empêchant de connaître la vérité de faits, comme ce qui a longtemps été le cas dans ce pays et qui a entraîné la prolongation du conflit pendant tant d'années.
L'adoption du Statut de Rome par l'État colombien a produit différents effets juridiques dans le droit interne colombien. Certains de ces effets peuvent être observés dans les lois adoptées par le Congrès de la République ainsi que dans les arrêts de la Cour constitutionnelle et de la Cour suprême de justice où s'expriment les obligations internationales de l'État, rattachées au respect du système universel des droits de l'homme. Ce mémoire vise ainsi entre autres à exposer de quelle manière les dispositions sur les amnisties et la Loi Justice et paix rendent inefficace la mise en œuvre législative du Statut de Rome en Colombie.The incorporation of the Rome Statute of the International Criminal Court into the domestic legal system of a State Party constitutes an enormous commitment to justice and the protection and guarantee of fundamental human rights. This situation is especially interesting in Colombia, where the violation of human rights has been historically well-known during the internal armed conflict in which the country has gone through for several years now. Since its ratification of the Rome Statute, Colombia has a duty to search for truth and justice, as well as providing for integral repair and guarantees of non-repetition for the victims of the armed conflict. The treaty does not allow the creation of rules that allow for impunity and prevent knowledge of the truth which can explain that the conflict has persisted for so many years. The implementation of the Rome Statute by Colombia adjustment has produced different legal effects into its legal system. Some of these effects can be observed in certain laws adopted by the Congress of the Republic and in the Constitutional’s Court and the Supreme Court of Justice’s judgements. These laws and judgments have relied on the international obligations of the country contained in human rights treaties and the Statute of Rome. This master thesis exposes, among other things, how the provisions of laws relating to amnesties and the Law Justice and peace make the Rome Statute inefficient in Colombia.
22
Shearar, Jeremy Brown. "Against the world : South Africa and human rights at the United Nations 1945-1961." Thesis, 2007. http://hdl.handle.net/10500/1278.
Full textAbstract:
At the United Nations Conference on International Organization in April 1945 South Africa affirmed the principle of respect for human rights in a Preamble it proposed for inclusion in the Charter of the United Nations. The proposal was approved and the Preamble was accorded binding force. While South Africa participated in the earliest attempts of the United Nations to draft a bill of rights, it abstained on the adoption of the Universal Declaration of Human Rights because its municipal legislation was incompatible with some articles. Similarly, South Africa did not become a party to the international human rights instruments the declaration inspired, and avoided an active role in their elaboration. Subsidiary organs of the General Assembly undertook several studies on discrimination in the field of human rights. They provided evidence that racial discrimination in South Africa intensified after the National Party came to power in May 1948 on the platform of apartheid and diverged from global trends in humanitarian law. The gap between the Union and the United Nations widened.
At the first General Assembly in 1946, India successfully asked that the treatment of persons of Indian origin in South Africa be inscribed on the agenda. The Indian question was later subsumed in the charge that South Africa's racial policies violated the Charter and in 1952 the General Assembly began to discuss apartheid. South Africa protested that these actions contravened Charter Article 2(7), which prohibited intervention in matters of domestic jurisdiction, and were ultra vires. Criticism of the Union increased in intensity, until in 1960 it culminated in calls for economic and diplomatic sanctions.
Research shows that South Africa was the main architect of its growing isolation, since it refused to modify domestic policies that alienated even its potential allies. Moreover, it maintained a low profile in United Nations debates on human rights issues, abstaining on all substantive clauses in the two draft covenants on human rights. These actions were interpreted as lack of interest in global humanitarian affairs. South Africa had little influence on the development of customary international law in the field of human rights but was a catalyst in the evolution of international machinery to protect them.Jurisprudence
(LL.D)