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Author: Jeremy D. Morley
Publisher:
ISBN: 9781634255691
Category : Convention on the Civil Aspects of International Child Abduction
Languages : en
Pages : 0
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Book Description
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: Jeremy D. Morley
Publisher:
ISBN: 9781634255691
Category : Convention on the Civil Aspects of International Child Abduction
Languages : en
Pages : 0
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Book Description
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
ISBN: 1783276665
Category : Convention for the Protection of Cultural Property in the Event of Armed Conflict
Languages : en
Pages : 311
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Book Description
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:
ISBN: 9780853088936
Category :
Languages : en
Pages : 180
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Book Description
Author: Rhona Schuz
Publisher: A&C Black
ISBN: 1782253092
Category : Law
Languages : en
Pages : 613
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Book Description
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: Thomas John
Publisher: Edward Elgar Publishing
ISBN: 1788976509
Category : Law
Languages : en
Pages : 539
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Book Description
This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.
Author: Jeff Handmaker
Publisher: Cambridge University Press
ISBN: 1108497942
Category : History
Languages : en
Pages : 265
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Book Description
Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.
Author: Taryn Lindhorst
Publisher: UPNE
ISBN: 1555538045
Category : Law
Languages : en
Pages : 278
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Book Description
An eye-opening appraisal of how current Hague Child Abduction Convention agreements unintentionally harm abused women and their children
Author: Conférence de La Haye de droit international privé
Publisher:
ISBN: 9789490265519
Category :
Languages : en
Pages : 263
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Book Description
Author: Kevin Chamberlain
Publisher:
ISBN: 9781903987315
Category : Convention for the Protection of Cultural Property in the Event of Armed Conflict
Languages : en
Pages : 0
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Book Description
"Since the publication of the first edition of War and Cultural Heritage in 2004 there have been a number of important developments. The Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict has entered into force and there are now 64 States Parties. The Committee for the Protection of Cultural Property in the Event of Armed Conflict provided for under the Second Protocol has been set up and has adopted the Guidelines for the Implementation of the Second Protocol. Disbursements have been made from the Fund for the Protection of Cultural Property in the Event of Armed Conflict. In 2008 the United Kingdom published for public consultation the draft Cultural Property (Armed Conflicts) Bill, the legislation to enable the United Kingdom to become a Party to the 1954 Convention and its two Protocols and in 2009 the United States ratified the 1954 Hague Convention (but neither of its two Protocols). The time to publish a second edition of War and Cultural Heritage to take account of these and other developments is long overdue. The civil war in Syria has resulted in extensive destruction of that nation's cultural heritage. More recently in the conflict of Mali Islamist insurgents retreating from Timbuktu set fire to a library containing thousands of priceless historic manuscripts, described by the town's mayor as a 'devastating blow' to world heritage. These incidents demonstrate the need for all parties engaged in armed conflict to have regard to the rules of international law concerning the protection of cultural property. War and Cultural Heritage contains in a single volume an article-by-article commentary on the 1954 Hague Convention and its Two Protocols. The book also analyses other instruments of international humanitarian law relevant to the protection of cultural property. These include the 1949 Geneva Conventions and the 1977 Additional Protocols, which had a profound influence on the drafting of the 1954 Convention and the Second Protocol respectively. The book also examines the extent to which the provisions of the 1954 Convention and its Protocols are part of customary international humanitarian law. The book takes into account the latest developments regarding the international efforts to secure restitution of Holocaust-looted cultural property, including the work of the UK's Spoliation Advisory Panel"--Page 4 of cover
Author:
Publisher: Jordan Publishing (GB)
ISBN: 9781846611414
Category : Parental relocation (Child custody)
Languages : en
Pages : 0
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Book Description
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.
