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

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9781849460170: The Hague Child Abduction Convention: A Critical Analysis (Studies in Private International Law)

International child abduction is one of the most emotionally charged yet 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 been ratified by more than 80 States - lie personal tragedies, academic controversy, and diplomatic tensions. The continuing steady flow of case-law from the various EU 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. Particular emphasis is placed on analyzing the interpretation of the Convention in the light of 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 are effectively procedural issues, such as separate representation for children, undertakings, judicial liaison, and mediation. The book analyzes the significance of these developments and the extent to which they can help resolve the continuing tension between 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. (Series: Studies in Private International Law - Vol. 13)

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About the Author:

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.

Review:

. an important contribution to the practitioner's shelf in a difficult and rapidly changing field of private international law. (Clare Renton New Law Journal)

.undoubtedly the tour de force and a strong candidate for being the definitive work on the Convention. (W. E. Butler Journal of Comparative Law Volume 9. Number 1. 2014)

.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. (Hans van Loon Netherlands International Law Review)

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