The International Protection of Adults

2015 ◽  
Keyword(s):  
International Law ◽  
Hague Convention ◽  
The United States ◽  
Private International Law ◽  
International Protection ◽  
Federal States ◽  
Cross Border ◽  
The Hague ◽  
The Uk ◽  
Detailed Work

Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations. The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction. All the editors and many of the contributors and correspondents are members of STEP.

scholarly journals ISOLATION OF CHILDREN IN FOREIGN ABODES DUE TO CROSS BORDER BROKEN MARRIAGES

2018 ◽  
pp. 203-208
Author(s):  
Archana Shah
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
Global Village ◽  
Child Abduction ◽  
Cross Border ◽  
Foreign Countries ◽  
International Child ◽  
The Hague ◽  
The Hague Convention

The world has become a global village and distance is no more the challenge. The direct impact of this positive change can be seen in interaction of various citizens of different countries belonging to diverse social, cultural and religious background. But cross border movements, inter-country migration and cross border marriages creates a new challenge like inter parental child abduction. In case of cross border broken marriages, there arise various issues like infringement of spouse’s parental rights, parallel conflicting legal disputes in different countries, non participation of various countries to Hague convention for welfare of children, isolation of child in foreign abodes due to connection with Indian soil, etc. Inter parental child abduction is neither considered as an offence, nor it is covered under any statutory laws of India. Like 94 nations, India is not a signatory to The Hague Convention on Civil Aspects of International Child Abduction, 1980, a multi lateral treaty developed by Hague Conference on Private International Law. Due to its non signatory status the judges of foreign countries do not trust Indian courts and do not permit the parent to take child to India, fearing its non-return. In absence of any international legal instrument, the litigating parents will have to bear unnecessary expenses of visa, travel, litigation, etc and unfortunate child will become a trophy to be won in the clashes of egos of litigating parents.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

Hague Conventions on Private International Law

2019 ◽  
pp. 239-272
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Active Member ◽  
Private International Law ◽  
Conflict Of Laws ◽  
World Community ◽  
Child Abduction ◽  
The World ◽  
The Hague ◽  
The Law

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.

scholarly journals SPECIALIZATION OF JURISDICTION BACK FROM OBLIVION – A NEW ATTENTIVE AND ASSIDOUS APPROACH TO COMPLEX CROSS BORDER FAMILY LAW CASES OR POSSIBLE REVITALIZATION OF ‘MUTUAL TRUST’

2021 ◽  
Author(s):  
Milka Rakočević ◽  
Ilija Rumenov
Keyword(s):  
International Law ◽  
Family Law ◽  
Private International Law ◽  
Mutual Trust ◽  
Legal Systems ◽  
The European Union ◽  
Political Decision ◽  
Cross Border ◽  
Complex Cross ◽  
The Hague

New trend emerges in the quest for establishing real actual trust between the main stakeholders in the complex cross border family law cases, which is providing for concentration of jurisdiction. The Hague Conference of Private International Law (HCCH) and the European Union (EU) are in forefront of establishing concentrating jurisdiction for those proceedings based on limitation of the number of courts in order to solve two problems: to enhance the predictability and the uniformity of the outcomes in these cases and to re-establish the mutual trust on realistic grounds instead of its current notion as a political decision. Such strategy is welcomed since it starts from the bottom and it tends to elevate the trust between the persons concerned in these proceedings and with that it stretches its prerogatives to the top, which is to enhance the trust between the legal systems. Whether it will succeed it depends again on the modalities of its establishment in the national legal systems. Generally, specialization of jurisdiction is frequently considered to be an important reform initiative in improving the development of a successful judicial system which is why it is recognized as a rapidly growing trend regarding the organization of the judiciary systems worldwide. The article will discuss the concepts of specialization of jurisdiction and its possible implementation in the national legal system of Republic of North Macedonia (N. Macedonia) regarding the complex cross border family law cases.

scholarly journals The Modern Travelling Merchant: Mobile Communication in International Contract Law

2017 ◽  
Author(s):  
Ulrich G. Schroeter
Keyword(s):  
International Law ◽  
Mobile Communication ◽  
Mobile Communications ◽  
Contract Law ◽  
Recent Attempt ◽  
Private International Law ◽  
Electronic Communications ◽  
Business World ◽  
Cross Border ◽  
The Hague

Contratto e impresa/Europa (2015), pp. 19-43The use of mobile communication devices like mobile phones, smartphones, tablet computers or notebooks with access to the internet has become an everyday phenomenon in today’s business world. However, whenever mobile communications are used for purposes of contract formation, i.e. the mobile dispatch of offers or acceptances, the mobility of the communicating parties raises important difficulties for the application of traditional legal rules: The fact that messages transmitted via phone, e-mail or SMS can be dispatched and received at virtually any place on earth challenges the categories of private international law and international contract law, which are based on the (unspoken) assumption that parties communicate from their home country. The existing legal framework for cross-border contracts therefore hardly takes into account the possibility that parties may move across borders, and that the place of their communications may accordingly vary.The present article addresses the legal difficulties and uncertainties that cross-border mobile communication raises under international rules of law, covering both conflict of laws rules and substantive law rules. It elaborates on the traditional role of the place of communication in this context before scrutinizing how ‘mobility-friendly’ the provisions of the relevant conventions developed by the United Nations, the Hague Conference for Private International Law and other organisations are. In doing so, it critically discusses in particular Article 10(3) of the UN Electronic Communications Convention of 2005, the most recent attempt at regulating mobile communications. Finally, it identifies a number of problems that have hitherto been overlooked (as notably the interaction of Article 10(3) of the UN Electronic Communications Convention with traditional private international law rules on the formal validity of contracts or with Article 3(2) of the Hague Convention on the Law Applicable to International Sales of Goods of 1955), and proposes appropriate solutions.

Part V Family Law, 26 Cross-border Surrogacy

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Human Rights ◽  
International Law ◽  
Family Law ◽  
Private International Law ◽  
International Level ◽  
Surrogate Mothers ◽  
Cross Border ◽  
Human Fertilisation ◽  
Legal Problems ◽  
The Uk

This chapter examines issues surrounding the regulation of cross-border surrogacy. There is a complete void in the regulation of surrogacy arrangements at the international level, with no specific provisions designed to regulate this emerging area of international family law. In the absence of a global legislative response, highly complex legal problems arise. Among these problems, the key private international law issue is legal parenthood, along with nationality and immigration. This chapter first addresses the issue regarding legal parenthood as it relates to cross-border surrogacy before discussing the diversity in national approaches to surrogacy. It then analyses the UK approach to surrogacy, focusing on ‘section 54’ requirements of Human Fertilisation and Embryology Act 2008 and authorisation of payments to surrogate mothers that exceed the reasonable pregnancy-related expenses, and concludes with an overview of human rights considerations relating to cross-border surrogacy.

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