The Hague Child Abduction Convention: A Critical Analysis: Studies in Private International Law
Autor Rhona Schuzen Limba Engleză Hardback – 26 noi 2013
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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
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.
.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.