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Author:
Publisher:
ISBN: 9780853088936
Category :
Languages : en
Pages : 180
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Book Description
Author:
Publisher:
ISBN: 9780853088936
Category :
Languages : en
Pages : 180
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Book Description
Author: Thomas John
Publisher: Edward Elgar Publishing
ISBN: 1788976509
Category : Law
Languages : en
Pages : 544
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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:
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.
Author: Theodore Richard
Publisher: Independently Published
ISBN: 9781076804235
Category :
Languages : en
Pages : 200
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Book Description
The First Additional Protocol to the Geneva Conventions ("AP I") is central to the modern law of war, widely referred to as international humanitarian law outside the United States. It updates the Geneva Conventions for protection of war victims and combines them with new or updated rules governing hostilities and the use of weapons found in the Hague Regulations Respecting the Laws and Customs of War. Due to its comprehensive nature and adoption by a majority of States, AP I is frequently cited as the source for law of war rules by attorneys and others interested in protecting humanitarian interests. The challenge for United States attorneys, however, is that their country is not a party to AP I and has been a persistent objector to many of its new rules.While the United States signed the First Additional Protocol to the Geneva Conventions in 1977, it determined, after 10 years of analysis, that it would not ratify the protocol. President Reagan called AP I "fundamentally and irreconcilably flawed."1 Yet, as will be detailed throughout this guide, United States officials have declared that aspects of AP I are customary international law. Forty years after signing AP I, and 30 years after rejecting it, the United States has never presented a comprehensive, systematic, official position on the protocol. Officials from the United States Departments of Defense and State have taken positions on particular portions of it. This guide attempts to bring those sources together in one location.
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: Duncan B. Hollis
Publisher:
ISBN: 019884834X
Category : Law
Languages : en
Pages : 897
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Book Description
This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
Author: Conférence de La Haye de droit international privé
Publisher:
ISBN: 9789490265519
Category :
Languages : en
Pages : 263
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Book Description
Author: Jeffrey Waincymer
Publisher: Kluwer Law International B.V.
ISBN: 9041140670
Category : Law
Languages : en
Pages : 1363
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Book Description
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
Author:
Publisher:
ISBN: 9789490265083
Category :
Languages : en
Pages :
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Book Description
Author: Richard Harrison KC
Publisher: Bloomsbury Publishing
ISBN: 1526512831
Category : Law
Languages : en
Pages : 579
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Book Description
1KBW on International Child Abduction is a guide to the practice and procedure in international child abduction proceedings, in particular applications under the 1980 Hague Convention. It provides guidance as to the law of England and Wales and relevant international law in child abduction cases, as well as the procedures for making applications in the High Court and for pursuing appeals in the Court of Appeal and the Supreme Court. It condenses a large body of case law and international instruments into a digestible format, so that practitioners have all the tools needed for day-to-day practice in one place. 1KBW on International Child Abduction provides: - Flow charts to explain key legal principles and procedural steps, as well as diagrams which summarise important cases - A dedicated section on the 1980 Hague Convention, with individual chapters devoted to key principles such as rights of custody, habitual residence and the relevant 'defences' to applications for a summary return order - Chapters pertaining to the 1996 Hague Convention and applications under the inherent jurisdiction - Practical guidance about the procedure for making applications in the High Court, such as: how to make urgent without notice applications; the criteria for obtaining different types of Tipstaff orders; and when to seek specific orders for disclosure to assist in tracing a child - A summary of Covid-19 guidance Legislation and guidance covered includes: - 1980 Hague Convention - 1996 Hague Convention - Child Abduction and Custody Act 1985 - Family Law Act 1986 - President's Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings 1KBW on International Child Abduction is aimed primarily at practitioners who already specialise, or are looking to specialise, in international child abduction. It can also be used as a reference tool by all family practitioners and those who have an interest in the subject.
