International Child Abduction

International Child Abduction

Author: Thalia Kruger

Publisher: Bloomsbury Publishing

Published: 2011-08-03

Total Pages: 292

ISBN-13: 1847316697

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International child abduction occurs when one parent wrongfully (ie in breach of the parental responsibility of the other parent) takes a child to a country other than that of the child's habitual residence, or wrongfully keeps a child in such country. The author of this work was part of a research team that conducted a study, partially funded by the European Commission, to examine this problem in Belgium and Hungary, analysing cases from 2007 and 2008 and interviewing affected parents. This book is a revised version of the Belgian research report, which sets the problem of child abduction within its international context. It looks at the families in which abductions took place, how preparations were made for abduction, the quest for the return of the child (including legal proceedings) and the aftermath of the abductions. Throughout the book, the results of the quantitative and qualitative data are explained. What emerges is that when a child is abducted, the solutions offered by the law are often inadequate. Family conflict is a complex societal issue, and child abduction is a severe form of family conflict. Rather than responding to child abduction with strict and contentious legal proceedings, the book argues that solutions based on respect, psychological assistance, and a search for consensus should be favoured.


Mediating International Child Abduction Cases

Mediating International Child Abduction Cases

Author: Sarah Vigers

Publisher: Bloomsbury Publishing

Published: 2011-10-07

Total Pages: 136

ISBN-13: 184731838X

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There is growing enthusiasm for the use of mediation to seek to resolve cases arising under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the Convention). However, despite being endorsed by the conclusions of meetings of experts, judicial comment and even legislative changes, there have been relatively few cases where mediation has played a significant role. It is suggested that the reason underlying this dichotomy between the widespread support for the use of mediation and the current limited practice is that there are several key questions regarding the use of mediation in the context of the Convention which remain to be answered. Specifically: what is meant by Convention mediation? How can a mediation process fit within the constraints of the Convention? And why offer mediation in Convention cases given the existing legal framework? This book addresses these questions and in so doing seeks to encourage a movement from enthusiasm about the use of mediation in the Convention context to greater practice. This title is included in Bloomsbury Professional's Family Law online service.


Children on the Move

Children on the Move

Author: Jaap Doek

Publisher: BRILL

Published: 2023-12-11

Total Pages: 310

ISBN-13: 9004638644

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Increasing numbers of children are on the move throughout the world: moving or migrating, alone or accompanied. This gives rise to many new problems with legal, economic, social and cultural aspects, calling for new approaches based on a world-wide perspective. The international mobility of children poses a special challenge for the protection of their family environment, as guaranteed by the United Nations Convention on the Rights of the Child and other international instruments. Children on the Move contains the texts and speeches given and the papers presented at the international conference of the same title, which took place at the Hague, the Netherlands, 23-26 October 1994. The conference was one of the major contributions of the Netherlands to the UN International Year of the Family and was convened by the Netherlands Committee for the International Year of the Family in collaboration with the Hague Conference on Private International Law. Children on the Move provides the reader with an in-depth analysis of the various legal aspects (problems and remedies) of inter-country adoption, international child abduction, and children as international refugees.


Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 15 (2002)

Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 15 (2002)

Author: A.Ch. Kiss

Publisher: BRILL

Published: 2021-10-18

Total Pages: 299

ISBN-13: 9004481591

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This is the fifteenth volume of the Hague Yearbook of International Law, which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editor's intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice the Permanent Court of Arbitration, the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments (in English and French) and summaries of (aspects of) decisions rendered by the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia since 1991, the Iran-United States Claims Tribunal, the Permanent Court of Arbitration and the Hague Peace Conference on Private International Law.


Globalization of Child Law

Globalization of Child Law

Author: Detrick

Publisher: Martinus Nijhoff Publishers

Published: 2023-09-20

Total Pages: 207

ISBN-13: 9004638687

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On 13th September, 1997, a symposium was held in honour of Adair Dyer at the Peace Palace in The Hague. This symposium, entitled `Globalization of Child Law: The Role of the Hague Conventions', was organized by the Faculty of Law of Tilburg University and the International Society of Family Law in collaboration with the Hague Conference on Private International Law. Adair Dyer, best known for his exceptional work in the area of international child abduction, was active at the Hague Conference for more than 25 years. The protection of children has been a major concern of the Hague Conference from the very beginning of its existence. The Conference followed and reacted to developments such as the increasing numbers of children - alone or accompanied - moving or migrating internationally, which has given rise to many new legal, economic, social and cultural problems. During the symposium, the past, present and future roles of the Hague Conventions in the international protection of children, taking into account the United Nations Convention on the Rights of the Child, were examined and discussed. This volume contains the contributions to this international symposium, as well as the full texts, in both English and French, of the 1980 Hague Convention on the Civil Aspects of Child Abduction, the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.


La famille dans l’ordre juridique de l’Union européenne / Family within the Legal Order of the European Union

La famille dans l’ordre juridique de l’Union européenne / Family within the Legal Order of the European Union

Author: Elsa Bernard

Publisher: Bruylant

Published: 2020-12-31

Total Pages: 409

ISBN-13: 2802768964

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Le droit de la famille, dans sa dimension civiliste, fortement ancré dans les cultures nationales des États membres, est une matière qui ne relève pas, en principe, du droit de l’Union européenne. Pourtant, il n’est plus possible d’affirmer que la matière échappe dans son entier au droit de l’Union. De nombreux aspects de la famille sont sous influence européenne, au point que l’on voit se dessiner les contours d’une « famille européenne ». L’ouvrage propose de mettre en lumière l’acquis européen en matière de droit de la famille, au prisme du droit matériel (citoyenneté européenne, politique sociale de l’Union, fonction publique européenne...), comme du droit international privé. Le droit de la famille de l’Union s’identifie alors comme un «droit spécial» complétant la diversité des droits nationaux de la famille. Sa signification théorique et politique dans l’Union est débattue par les auteurs, autant que son devenir. Loin de demeurer fragmentaire à côté des droits nationaux des États membres, il a probablement vocation à se densifier pour offrir aux citoyens et résidents européens un droit commun de la famille au sein de l’Union. Family law, with its civil law tradition, and strong roots in the national cultures of the Member States, does not normally fall within the scope of European law. However, it is no longer possible to argue that family law is outside European law entirely. There are many aspects of the family which are subject to European influence, to the point that the outlines of a «European family» are starting to emerge. This book is intended to highlight the European experience of family law and its substantive (i.e. European citizenship, EU social policy, EU civil service...) and private international law aspects. Union law therefore contains a form of «special» family law which is shared between the Member States and supplements their national family laws. Its theoretical and political importance in the Union, as well as its future, are discussed by the authors. Far from remaining fragmented alongside the national laws of Member States, it will likely develop to offer European citizens and residents a common family law within the EU.


Multilateral Treaty Calendar

Multilateral Treaty Calendar

Author: Christian L. Wiktor

Publisher: Martinus Nijhoff Publishers

Published: 1998-03-26

Total Pages: 1676

ISBN-13: 9789041105844

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This calendar, with illustrations, is a reference service focusing on multilateral treaties concluded by more than two parties. It covers a period of almost 350 years of multilateral diplomacy, from the Peace of Westphalia of 1648 to the end of 1995. It lists chronologically all multilateral treaties concluded during that period, provides information on the location of their printed text in various collections (with parallel citations), adds data on duration, depository arrangements, & status, & provides extensive notes on their amendment, modification, extension, termination, & other details (with related references). It ends with appendices & a detailed index.


Recueil Des Cours - Collected Courses, 1992-II

Recueil Des Cours - Collected Courses, 1992-II

Author: Academie de Droit International de la Haye

Publisher: Martinus Nijhoff Publishers

Published: 1993-07-02

Total Pages: 420

ISBN-13: 9780792324096

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The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume containes: - La contribution de la Conference de La Haye au developpment du droit international prive, par A.E. VON OVERBECK, professeur emerite a l'Universite de Fribourg. - The Contribution of the Hague Conference to the Development of Private International Law in Latin America by A. BOGGIANO, Professor at the University of Buenos Aires. - The Contribution of the Hague Conference to the Development of Private International law in Common Law Countries by J.D. McCLEAN, Professor at the University of Sheffield. - The Incidental Question in Private International Law by T.S. SCHMIDT, Professor at the University of Aarhus.


E Pluribus Unum:Liber Amicorum Georges A.L. Droz - on the Progressive Unification of Private International Law

E Pluribus Unum:Liber Amicorum Georges A.L. Droz - on the Progressive Unification of Private International Law

Author: Georges Droz

Publisher: Kluwer Law International B.V.

Published: 1996-06-07

Total Pages: 594

ISBN-13: 9041102825

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The unification of Private International Law is a goal to which all the contributors to this impressive volume have committed themselves, and one which seems increasingly to attract the attention of legal practitioners, researchers, writers and legislators. The essays give a unique overview of the current state of the law with respect to those areas which have been unified, or which are susceptible to unification. Insights are given into national as well as international practice, and theoretical aspects have not been neglected.