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The Hague Child Abduction Convention: A Critical Analysis: Studies in Private International Law

Autor Rhona Schuz
en Limba Engleză Hardback – 26 noi 2013
International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions.The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice.From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development.a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'
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Specificații

ISBN-13: 9781849460170
ISBN-10: 1849460175
Pagini: 536
Dimensiuni: 244 x 169 x 18 mm
Greutate: 1.07 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in Private International Law

Locul publicării:London, United Kingdom

Caracteristici

This book provides an up-to-date, clear and highly readable discussion of the international operation of the 1980 Hague Abduction Convention together with in-depth critical academic analysis.Throughout the book, examples are brought from case-law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research.Essential reading for anyone seeking a critical and informed analysis of the latest developments in international abduction law and practice.

Notă biografică

Rhona Schuz is Professor of Law and Co-Director of the Center for the Rights of the Child and the Family at Sha'arei Mishpat Law School, Israel (formerly lecturer at the London School of Economics and Political Science). She has published many articles on the topic of International Child Abduction as well as a book and numerous articles on other aspects of Family Law, Children's Rights and Private International Law.

Cuprins

Introduction Part I - Overview 1. The Birth of the Abduction Convention and its Inter-Relationship with Other Legal Instruments I The Birth of the Abduction Convention II Inter-Relationship with Other Legal Instruments 2. The Operation of the Abduction Convention I Sources of Information and Statistics II Institutions and other Actors Involved in the Operation of the Convention III The Abduction Convention Process IV After Return 3. Inter-Disciplinary Aspects of International Child Abduction I Sociological Aspects II Psychological Aspects of Abduction 4. International Relocation and its Inter-Relationship with Child Abduction I Introduction II Relocation Law III Inter-Relationship between Child Abduction and Relocation Part II - Parameters for Analysis 5. Parameters Relating to Text and Objectives I Introduction II Explanation of the Parameters 6. Consistency with General Legal Doctrines I Introduction II Rights and Interests of Children III Rights of Parents IV Private International Law Principles V Certainty versus Flexibility Part III - Conditions for Application of Mandatory Return Mechanism 7. Wrongful Removal or Retention I Introduction II Removal or Retention III Rights of Custody IV Analysis in Relation to Breach and Exercise of Custody Rights V Conclusions 8. Habitual Residence I Introduction II Role of Habitual Residence in the Abduction Convention III The Different Models IV Illustrating the Different Models V Analysis VI Conclusions Part IV - Defences to Mandatory Return 9. Article 12(2) I Introduction II The Case Law III Analysis IV Conclusions 10. Consent and Acquiescence I Introduction II Normative Framework III Specific Situations IV Exercise of Discretion V Analysis VI Conclusions 11. Grave Risk of Harm I Introduction II Interpretation and Application of the Grave Risk Defence III Protective Measures IV Analysis V Conclusions 12. Child's Objection I Introduction II Interpretation and Application of Article 13(2) III Analysis IV Conclusions 13. Violation of Fundamental Human Rights and Freedoms I Introduction II The Case Law III Analysis IV Conclusions Part V: The Voice of the Child 14. Ascertaining the Child's Views I Requirement to Ascertain the Child's Views II Method of Ascertaining the Child's Views in Abduction Convention Cases III Analysis IV Conclusions 15. Status of the Child in Abduction Convention Proceedings I Introduction II The Child's Right to Separate Representation III Separate Representation in Abduction Convention Cases IV Application by the Child V Conclusions Part VI: Related Proceedings and Processes 16. Mediation I Introduction II Advantages of Mediation III Problems and Solutions IV Conclusions 17. Compensating the Left-Behind Parent I Introduction II To What Extent is Compensation Appropriate? III Analysis of the Various Models IV Conclusions 18. Enforcing Rights of Access I Introduction II Article 21 of the Abduction Convention III Other International Instruments IV Conclusions Part VII: The Way Ahead 19. Conclusions and Recommendations I Introduction II Significance of the Developments Since 1980 III Conclusions

Recenzii

. an important contribution to the practitioner's shelf in a difficult and rapidly changing field of private international law.
.undoubtedly the tour de force and a strong candidate for being the definitive work on the Convention.
.this monograph is truly unique in the breadth of its overview of the Convention, the treaty's operation and evolving context, and the depth of its investigation of the way in which the Convention has been interpreted and applied by courts around the world.It is a book that no one seriously interested in international child abduction can ignore and is a must for lawyers, whether they are practitioners, judges, scholars or students. Given its broad coverage, interdisciplinary methodology, and clarity, it will also be valuable for non-lawyers, be they policy makers, Central Authority staff, social workers, or psychologists involved in child abduction cases.

Descriere

This book provides an up-to-date and readable discussion of the operation of the1980 Hague Convention on the Civil Aspects of International Child Abduction together with in-depth critical analysis.