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Cross CurrentsFamily Law and Policy in the US and England$
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Sanford N. Katz, John Eekelaar, and Mavis MacLean

Print publication date: 2000

Print ISBN-13: 9780198268208

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198268208.001.0001

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The Hague Children’s Conventions: The Internationalization of Child Law

The Hague Children’s Conventions: The Internationalization of Child Law

(p.588) (p.589) 27 The Hague Children’s Conventions: The Internationalization of Child Law
Cross Currents

Linda Silberman

Oxford University Press

This chapter deals with the internationalisation of ‘child law,’ a trend which can be expected to continue into the twenty-first century. Family law matters more generally have been the subject of a number of international conventions throughout the last century, but the emphasis on children has been a late twentieth-century development. During the course of the last century, the Hague Conference on Private International Law, which concentrates largely on issues of choice of law and jurisdiction rather than substantive provisions, developed conventions on marriage, divorce, support, adoption, child protection, and matrimonial property. This chapter examines the 1980 Convention on the Civil Aspects of International Child Abduction; the 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement, and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children; and the 1993 Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. It describes each Convention’s solution for achieving its objective: deterring international child abductions, recognising measures and enforcing international custody decrees across transnational borders, and facilitating intercountry adoptions.

Keywords:   child law, family law, international conventions, marriage, divorce, adoption, matrimonial property, child protection, child abduction

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