The Work Of The Hague
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Author | : Jeremy D. Morley |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Convention on the Civil Aspects of International Child Abduction |
ISBN | : 9781634255691 |
Handling Hague abduction cases is challenging and fulfilling. Although Hague cases are tried very quickly, they still require an intimate knowledge of the Convention and of the voluminous case law that has developed around it. Hague cases also require a complete understanding of international child custody law in general and in particular, for U.S. practitioners, of the relationship between The Hague Convention and the Uniform Child Custody Jurisdiction & Enforcement Act. The Convention operates in the U.S. in ways that differ from those in other Hague countries. This is because of the federal legislation that implements the treaty, the concurrence of federal and state jurisdiction, the lack of a specialized group of judges who handle cases under the Convention, the uniform state legislation on child custody jurisdiction, and a host of other factors. When children are the subject of international family law disputes, the challenges are often great and emotions generally run high. Simply put, money can be divided but children cannot. This book is a must-have resource of any family law practitioner that wants to represent the best interests of his client and their heirs involved in a Hague case.
Author | : Emma Cunliffe |
Publisher | : Boydell & Brewer |
Total Pages | : 311 |
Release | : 2022 |
Genre | : Convention for the Protection of Cultural Property in the Event of Armed Conflict |
ISBN | : 1783276665 |
Significant attention today focusses on heritage destruction, but the key international laws prohibiting it - the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its First and Second Protocols (1954/1999) - lay out two core strands to limit the damage: the measures of respect for armed forces, and the safeguarding measures states parties should put in place in peacetime. This volume incorporates wide-ranging international perspectives from those in the academy, together with practitioner insights from the armed forces and heritage professionals, to explore the safeguarding regime. Its contributors consider such questions as whether state parties have truly taken "all possible steps", as the Convention tasks them; what we can learn from past practice, and how the Convention is implemented today; the implications of new trends in heritage law and management - such as the rise of the World Heritage Convention, and in the increasing focus on safe havens rather than refuges; whether new methods of heritage management such as Risk Assessment theory can be applied; and, in a Convention specifically focussed on state parties, what of their opponents, armed non-state actors. Using a mix of case studies and theoretical explorations of new and existing methodologies, the contributions cover a broad timespan from World War II to today, with examples from Europe, the Middle East, and Africa. Overall, the volume's purpose is to promote wider understanding of the practical effectiveness of the Convention in the contemporary world, by investigating the perceived opportunities and constraints the Convention offers today to protect cultural property in armed conflict, and firmly establishing that such protection must begin in peace.
Author | : |
Publisher | : |
Total Pages | : 180 |
Release | : 2003 |
Genre | : |
ISBN | : 9780853088936 |
Author | : Rhona Schuz |
Publisher | : A&C Black |
Total Pages | : 613 |
Release | : 2014-07-18 |
Genre | : Law |
ISBN | : 1782253092 |
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.'
Author | : Conférence de La Haye de droit international privé |
Publisher | : |
Total Pages | : 263 |
Release | : |
Genre | : |
ISBN | : 9789490265519 |
Author | : |
Publisher | : Jordan Publishing (GB) |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Parental relocation (Child custody) |
ISBN | : 9781846611414 |
The principles and good practices set out in this Guide serve the following purposes: they assist in the more effective implementation and application of those provisions of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction which concern transfrontier contact . they draw attention to provisions of the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children which relate to transfrontier contact and which supplement the 1980 Convention, and provide guidance concerning their application . they provide an overall model for constructing an international system of co-operation designed to secure effective respect for rights of contact. As such, the Principles and Guide are intended to be helpful also to those States, which are not Parties to the Hague Conventions, but are considering how best to develop effective structures. ... The Guide is intended to be of particular use to judges and Central Authorities appointed under the 1980 or 1996 Conventions, as well as to governments and other professionals engaged in the development of policies concerning transfrontier contact.
Author | : James Crawford |
Publisher | : BRILL |
Total Pages | : 537 |
Release | : 2014-04-29 |
Genre | : Law |
ISBN | : 900426809X |
Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called? In what respects is it systematic? Does it — can it — respect the rule of law? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.
Author | : |
Publisher | : |
Total Pages | : 211 |
Release | : 2014 |
Genre | : Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of ChildrenParent and child (Law) |
ISBN | : 9789490265151 |
Author | : Bart van Es |
Publisher | : Penguin UK |
Total Pages | : 291 |
Release | : 2018-08-02 |
Genre | : Biography & Autobiography |
ISBN | : 0241978718 |
WINNER OF THE COSTA BOOK OF THE YEAR 2018 WINNER OF THE SLIGHTLY FOXED BEST FIRST BIOGRAPHY PRIZE 2018 'A masterpiece of history and memoir' Evening Standard 'Superb. This is a necessary book - painful, harrowing, tragic, but also uplifting' The Times __________________________________________________ Little Lien wasn't taken from her Jewish parents in the Hague - she was given away in the hope that she might be saved. Hidden and raised by a foster family in the provinces during the Nazi occupation, she survived the war only to find that her real parents had not. Much later, she fell out with her foster family, and Bart van Es - the grandson of Lien's foster parents - knew he needed to find out why. His account of tracing Lien and telling her story is a searing exploration of two lives and two families. It is a story about love and misunderstanding and about the ways that our most painful experiences - so crucial in defining us - can also be redefined. ___________________________________________________ 'Luminous, elegant, haunting - I read it straight through' Philippe Sands, author of East West Street 'Deeply moving. Writes with an almost Sebaldian simplicity and understatement' Guardian 'Sensational and gripping . . . shedding light on some of the most urgent issues of our time' Judges of the Costa Book of the Year 2018
Author | : |
Publisher | : |
Total Pages | : 270 |
Release | : 2016 |
Genre | : Conflict of laws |
ISBN | : 9789490265533 |
The practical Handbook offers detailed explanations on the general operation of the Evidence Convention as well as authoritative commentaries on the major issues raised by practice over the past forty-five years. While this is the 3rd edition of the Handbook, it is the first new edition to be published in over 20 years, and marks a substantial change in concept and content.