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When parents separate and cannot agree about parenting arrangements for their children, a state-authorized neutral party must resolve the dispute. Two groups of neutral professionals perform this function in many western jurisdictions. The first group is judges, who are entrusted with the ultimate decision-making authority. The second group is custody and access assessors, who are generally psychologists, psychiatrists, or social workers. This thesis compares the processes by which these two groups of professionals make the decisions, and analyzes the interface between them. It then presents the results of empirical research about the extent to which Ontario judges accept custody and access recommendations from social worker assessors employed by Ontario's Office of the Children's Lawyer. The central finding was that the judges and assessors agreed only about half of the time. Possible explanations for this finding are explored, and its significance is analyzed in the context of the existing literature.
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The thesis examines protections afforded by the emerging right in international law of refugees or internally displaced persons to retum to their homes of origin following conflict. The establishment of discrete, quasi-judicial housing and property restitution mechanisms (for example in Kosovo and Bosnia-Herzegovina) promising "restitution in kind" has become the preferred approach of the international community. Their attractiveness is that they promise both legal redress and a practical outcome - the retum of refugees and IDPs to their homes. However, as the thesis discusses, the desires of refugees and IDPs often shift over a long displacement, to the point that return often no longer equates with going "home". Meanwhile ties begin to form with the host community. The thesis assesses the effectiveness of restitution mechanisms as concerns the decision-making of refugees and displaced persons, and concludes that they will be useful if undertaken quickly and in coordination with a larger project to encourage return. In protracted refugee situations, by contrast, restitution is unlikely to lead to widespread retum. A wider array of remedies (including increased use of compensation in place of restitution in kind) and approaches to the protection of housing and property rights for displaced persons should be available. Further, rather than detracting from the rights-based approach, such solutions are solidly rooted in the larger property rights discourse and may in fact strengthen protections of the rights to housing and property for returnees. Based in qualitative and quantitative empirical research, the last chapter presents a case study of protracted displacement and the possibilities for housing and property rights approaches which support a range of durable solutions in the Republic of Georgia and South Ossetia.
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European colonizers, who believed they had discovered the New World were unaware of the political, social, geographical and historical relationships of O:gweho:we who were already living in North America. One of the O:gweho:we nations that existed as a powerful force in North America was the Hodinohso:ni Confederacy, which already had its own governing customary laws provided to them by the Peacemaker. This thesis is intended to explain the traditional customary laws of the Hodinohso:ni in order to provide an analysis and comparison of Hodinohso:ni law with Eurocentric international law.
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Author / Editor
- Anneke Smit (1)
- Beverly Jacobs (1)
- Irina Ceric (1)
- Kristen Thomasen (1)
- Muharem Kianieff (1)
- Noel Semple (1)
- Reem Bahdi (1)
- Sara Wharton (1)
- Sujith Xavier (1)