THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW AND ITS CURRENT PROGRAMME OF WORK CONCERNING THE INTERNATIONAL PROTECTION OF CHILDREN AND OTHER ASPECTS OF FAMILY LAW

Author(s):  
Milka Rakočević ◽  
Ilija Rumenov

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.


2018 ◽  
Vol 47 (1) ◽  
pp. 5
Author(s):  
Kenneth J Keith

In this article, an addition to the issue in honour of Bill Atkin, Sir Kenneth Keith considers the growing impact of international law on family law in New Zealand. The article begins by broadly outlining shifts in society and legal approach that impact on the field of family law. This leads to a discussion of the Hague Conference on Private International law, the conventions that came out of the conference, and the extent of New Zealand's adoption of those conventions. The different ways in which these conventions have been implemented in national law, both historically and in the present day, are then addressed. The article concludes by noting New Zealand's failure to accede to various conventions touching on family law, and suggests that international law will yet have considerable impact in family law development.


2015 ◽  

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.


Author(s):  
Torremans Paul

This chapter examines three main questions of private international law that arise from petitions for financial relief: the jurisdiction of the English court; the power to order relief after a foreign divorce/dissolution, annulment or legal separation; and the recognition and enforcement of foreign decrees or orders in relation to financial relief. It first considers the jurisdiction of the English court under the general jurisdictional rules, the Brussels/Lugano system, Maintenance Regulation, and Lugano Convention before discussing the powers of the English court to grant financial relief after a foreign divorce/dissolution, annulment or legal separation. It also analyses the choice of law rules governing financial relief, along with the recognition and enforcement of foreign orders, and concludes with an overview of international initiatives such as the Hague Conference on Private International Law.


Author(s):  
Jin Sun ◽  
Qiong WU

Abstract In July 2019, the Hague Conference on Private International Law adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As an outcome of the Judgments Project, this Convention will exert a great influence on the global circulation of foreign judgments. China attached great importance to the Judgments Project and participated in the full negotiation process. This paper is a reflection of some of the Chinese negotiators’ approaches in handling certain very difficult but important issues in the process, with the hope that it may shed some light on China’s negotiation practice and the principles it adheres to in the international law arena, which are fully in line with the principles of equity and justice, mutual benefit, and win-win outcome.


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