The Agreement Between the United States and Vietnam Regarding Cooperation on the Adoption of Children: A More Effective and Efficient Solution to the Implementation of the Hague Convention on Intercountry Adoption or Just Another Road to Nowhere Paved with Good Intentions?

2007 ◽  
Vol 17 (1) ◽  
pp. 119-154 ◽  
Author(s):  
Lindsay K. Carlberg
2001 ◽  
Vol 10 (2) ◽  
pp. 217-245 ◽  
Author(s):  
Chip Colwell–Chanthaphonh ◽  
John Piper

In May of 1954, the Convention for the Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) was adopted in an attempt to curb the destruction of movable and immovable cultural property during war. Recent conflicts, such as the continuing war in the Balkans, remind us that the Hague Convention is as relevant today as it was fifty years ago. Although this Convention is the most comprehensive and internationally recognized treaty to protect cultural property in time of war, the United States remains one of the few signatories that has yet to ratify it. In January 1999, former President William J. Clinton forwarded the Hague Convention to the Senate with the recommendation that it ratify the Convention and part of Protocol I. Although this presented perhaps the first real opportunity in nearly half a century for the United States to join one hundred countries and ratify the Hague Convention, its fate remains uncertain. Generally oriented towards the United States' policy and practice, this article broadly discusses the Hague Convention, its history, its weaknesses and strengths, and the current status of U.S. ratification.


Author(s):  
Takashi Kubota

This chapter introduces the two newly emerging issues in the C2C and B2B area in the Japanese IT laws: (a) anti-fraud measures in Internet auctions and (b) treatment of the Hague Securities Convention. An auction provider’s liability for a tenant’s fraud beyond the freedom of contracts is not clear. If consumers bear risk, adequate disclosure should be promoted. In addition, as this issue is complex, several measures including advertisement regulations against the small business consumers and development of escrow payment techniques, should be promoted. Regarding the Hague Securities Convention, the United States pushes other countries to ratify it but the EU questions to ratify it. This chapter considers that the ratification of the Hague Convention for unifying the conflict of laws and the UNIDROIT Convention for unifying the substantive laws should be done at the same time, in order to avoid some side effects.


2017 ◽  
Vol 111 (1) ◽  
pp. 191-196

The United States deposited its instrument of ratification for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (the Convention) in September 2016. The Convention entered into force for the United States several months later. Ratification was facilitated by the passage of novel federal implementing legislation that—rather than directly mandating alterations to the domestic legal structure—created a financial incentive for states to change their child support laws. While the Idaho legislature displayed some initial resistance, by early 2016 all fifty states had changed the relevant laws, enabling the submission of U.S. ratification.


2013 ◽  
Vol 1 (1) ◽  
Author(s):  
Hilda Hilda

Status and Binding Power of the Denhaag Convention 1954. Armed conflict between the United States and Iraq indicates that the two parties neglect cultural objects. The disobedient towards the provisions of international law, particularly the 1954 Hague Convention and its additional protocols, regarded as one of the conspicuous reasons for the fatal damage of cultural objects. The only justification to avoid from the obligation od protecting cultural objects is that one of the party does not bind to the instrument of international law. This has made the position and power of the Hague Convention 1954 becomes a crucial issue to the extent of its effectiveness. DOI: 10.15408/jch.v1i1.2984


Author(s):  
Ed Couzens

This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993. After a brief overview of the two leading South African cases on intercountry adoption, which stress the importance of having this institution statutorily regulated, the author proceeds to analyse the most significant clauses pertaining to intercountry adoptions contained in the Act, in order to identify the strengths and weaknesses in this new statutory framework. The author concludes that the Children’s Act is a dramatic improvement on the current regime of intercountry adoptions and that it has the potential to make this institution work in the best interests of children.


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