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Application of the Convention of 1902 governing the Guardianship of Infants, Netherlands v Sweden, Merits, Judgment, [1958] ICJ Rep 55, ICGJ 172 (ICJ 1958), 28th November 1958, International Court of Justice [ICJ]



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Whether to grant the Netherlands' request to declare as invalid Sweden's measure of protective upbringing (regarding the custody of an infant of Dutch nationality residing in Sweden), considering the Netherlands' argument that the Swedish measure of protective upbringing law contravened a Convention of 1902 Governing the Guardianship of Infants which governed only conflicts of domestic law in respect of guardianship, but not protective upbringing.

Keywords: Children, rights of; International law and domestic law, conflicts between; International law and domestic law, consistent interpretation; Jurisdiction of states, domestic; Jurisdiction of states, extra-territorial; Ordre public; Treaties, application; Treaties, breach; Treaties, interpretation

Legal Material.  46347 words. 

Subjects: Individuals and Non-state Actors ; Public International Law ; International Law ; Law

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