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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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The Hague Child Abduction Convention - A Critical Analysis (Hardcover, New)
Loot Price: R4,279
Discovery Miles 42 790
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The Hague Child Abduction Convention - A Critical Analysis (Hardcover, New)
Series: Studies in Private International Law
Expected to ship within 12 - 19 working days
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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.'
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