Chapter

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

Linda Silberman

in Cross Currents

Published in print December 2000 | ISBN: 9780198268208
Published online March 2012 | e-ISBN: 9780191683442 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268208.003.0027
The Hague Children’s Conventions: The Internationalization of Child Law

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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

Chapter.  13716 words. 

Subjects: Family Law

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