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International Child Abduction
The term international child abduction is generally synonymous with international parental kidnapping, child snatching, and child stealing. In private international law the term usually refers to the illegal removal of children from their home by an acquaintance or family member to a foreign country. In this context, "illegal" is normally taken to mean "in breach of child custody, custodial rights" and "home" is defined as the child's habitual residence. As implied by the "breach of custodial rights," the phenomenon of international child abduction generally involves an illegal removal that creates a jurisdictional conflict of laws whereby multiple authorities and jurisdictions could conceivably arrive at seemingly reasonable and conflicting custodial decisions with geographically limited application. Abduction by a parent often affects a child's access and connection to half their family and may cause the loss of their former language, culture, name and nationality, it viol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parental Kidnapping
Child abduction or child theft is the unauthorized removal of a minor (a child under the age of legal adulthood) from the custody of the child's natural parents or legally appointed guardians. The term ''child abduction'' includes two legal and social categories which differ by their perpetrating contexts: abduction by members of the child's family or abduction by strangers: * Parental child abduction is the unauthorized custody of a child by a family relative (usually one or both parents) without parental agreement and contrary to family law ruling, which may have removed the child from the care, access and contact of the other parent and family side. Occurring around parental separation or divorce, such parental or familial child abduction may include parental alienation, a form of child abuse seeking to disconnect a child from targeted parent and denigrated side of family. This is, by far, the most common form of child abduction. * Abduction or kidnapping by strangers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pasquale Mancini
Pasquale Stanislao Mancini, 8th Marquess of Fusignano (17 March 1817 – 26 December 1888) was an Italian jurist and statesman. Early life Mancini was born in Castel Baronia, in the Kingdom of the Two Sicilies (present-day Province of Avellino). He became well established in intellectual circles in Naples, editing and publishing a number of newspapers and journals, and gained a reputation in law after the 1841 publication of his correspondence with Terenzio Mamiani on the right to punish. He did not attend university, but rather was educated privately, and was granted a law degree in 1844 by a special exemption. Career In 1848 he was instrumental in persuading Ferdinand II to participate in the war against Austria. Twice he declined the offer of a portfolio in the Neapolitan cabinet, and upon the triumph of the reactionary party undertook the defence of the Liberal political prisoners. Threatened with imprisonment in his turn, he fled to Piedmont, where he obtained a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Evidence Convention
The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters—more commonly referred to as the Hague Evidence Convention—is a multilateral treaty which was drafted under the auspices of the Hague Conference on Private International Law (HCPIL). The treaty was negotiated in 1967 and 1968 and signed in The Hague on 18 March 1970. It entered into force in 1972. It allows transmission of letters of request ( letters rogatory) from one signatory state (where the evidence is sought) to another signatory state (where the evidence is located) without recourse to consular and diplomatic channels. Inside the US, obtaining evidence under the Evidence Convention can be compared to comity. The Hague Evidence Convention was not the first convention to address the transmission of evidence from one state to another. The 1905 Civil Procedure Convention—also signed in The Hague—contained provisions dealing with the transmission of evidence. However, that earlier conventi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abduction Convention
The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty that provides an expeditious method to return a child who was wrongfully taken by a parent from one country to another country. In order for the Convention to apply, both countries (the one the child was removed from, and the one the child has been brought to) must be Contracting States; i.e. both must have adopted the Convention. The Convention seeks to address international child abduction arising when a child is removed by one parent, when both parents have custody rights, or custody has yet to be determined. It was drafted to ensure the prompt return of children wrongfully abducted from their country of habitual residence, or wrongfully retained in a country that is not their country of habitual residence. The Convention was developed by the Hague Conference on Private International Law (HCCH). The convention was concluded 25 October 1980 and ent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ministry Of Foreign Affairs (Netherlands)
The Ministry of Foreign Affairs (; BZ) is the Ministries of the Netherlands, Netherlands' ministry responsible for foreign relations of the Netherlands, foreign relations, foreign policy, international development, international trade, diaspora and matters dealing with the European Union, NATO and the Benelux Union. The ministry was created in 1798, as the Department of Foreign Affairs of the Batavian Republic. In 1876, it became the Ministry of Foreign Affairs. The Minister of Foreign Affairs of the Netherlands, Minister of Foreign Affairs is the Executive (government), head of the ministry and a member of the cabinet of the Netherlands, the incumbent minister is Caspar Veldkamp. The Minister for Foreign Trade and Development Aid (Netherlands), Minister for Foreign Trade and Development Aid is a minister without portfolio within the Ministry of Foreign Affairs. Its incumbent minister is Reinette Klever. History The Ministry was formed in 1798 as the Department of Foreign Affa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Hague
The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the country's administrative centre and its seat of government, and has been described as the country's ''de facto'' capital since the time of the Dutch Republic, while Amsterdam is the official capital of the Netherlands. The Hague is the core municipality of the COROP, Greater The Hague urban area containing over 800,000 residents, and is also part of the Rotterdam–The Hague metropolitan area, which, with a population of approximately 2.6 million, is the largest metropolitan area of the Netherlands. The city is also part of the Randstad region, one of the largest conurbations in Europe. The Hague is the seat of the Cabinet of the Netherlands, Cabinet, the States General of the Netherlands, States General, the Supreme Court of the Neth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perverse Incentive
The phrase "perverse incentive" is often used in economics to describe an incentive structure with undesirable results, particularly when those effects are unexpected and contrary to the intentions of its designers. The results of a perverse incentive scheme are also sometimes called cobra effects, where people are incentivized to make a problem worse. This name was coined by economist Horst Siebert based on an anecdote taken from the British Raj. The British government, concerned about the number of venomous cobras in Delhi, offered a bounty for every dead cobra. Initially, this was a successful strategy; large numbers of snakes were killed for the reward. Eventually, however, people began to breed cobras for the income. When the government became aware of this, the reward program was scrapped. The cobra breeders set their snakes free, leading to an overall increase in the wild cobra population. Cited in Brickman, p. 326. Perverse incentives arise in various fields such as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Shopping
Forum shopping is a Colloquialism, colloquial term for the practice of litigants taking actions to have their legal case heard in the court they believe is most likely to provide a favorable judgment. Some jurisdiction (area), jurisdictions have, for example, become known as "plaintiff-friendly" and thus have attracted plaintiffs to file new cases there, even if there is little or no connection between the legal issues and the jurisdiction. The term became more widely used as a result of legal developments that expanded the number of available forums for litigants to bring cases, thus allowing litigants to effectively "shop" for the forum they believe will provide the best outcome. For example, in ''International Shoe Co. v. Washington'' (1945), the U.S. Supreme Court expanded the concept of personal jurisdiction to allow courts to hear disputes over defendants who had only 'minimum contacts' with its jurisdiction. Foreign litigants were also attracted to file suits in the Unite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Convention Of 1902 Relating To The Settlement Of Guardianship Of Minors
Commonly referred to as the "Guardianship Convention", the Convention of 1902 relating to the settlement of guardianship of minors, along with the other Conventions in 1902, was the Hague Conference's first effort at addressing international family law. It was the first form of family law which would stay relevant for decades afterwards; it was also the only family law treaty that was expressly preserved and revived in the Treaty of Versailles and other post World War I peace treaties. The Guardianship Convention was written only in French and, with the Boll case ''Netherlands v Sweden'' ,1958 ICJ 8, (also known as the ''Boll case'') was heard before the International Court of Justice in 1958. It remains the only case in which a Convention drafted by the Hague Conference on Private International Law was the ..., is the only Convention of the Hague Conference to ever be the principal subject of interpretation before a court with worldwide jurisdiction. Parties As of 2016, seven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Law
Public law is the part of law that governs relations and affairs between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and unequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (''secundum et intra legem''). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. The distinction between public law and private law dates back to Roman law, where the R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boll Case
''Netherlands v Sweden'' ,1958 ICJ 8, (also known as the ''Boll case'') was heard before the International Court of Justice in 1958. It remains the only case in which a Convention drafted by the Hague Conference on Private International Law was the principal subject of interpretation by a court with worldwide jurisdiction. Facts The Netherlands sued Sweden in regards to the guardianship of a child, Marie Elizabeth Boll. Marie was the daughter of a Dutch seafarer whose Swedish wife had died. Before the mother's death, the child lived in Sweden with her mother but, under the existing rules of nationality during that period, was entitled to only the Dutch nationality of her father. In spite of Marie's residence in Sweden, Dutch authorities assigned her guardianship, according to their own procedures. Swedish authorities overrode the Dutch decisions and placed the child under a protective public care order, based on the fact that Marie was residing in Sweden with maternal grandparen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Convention Of 1961 Concerning The Powers Of Authorities And The Law Applicable In Respect Of The Protection Of Minors
The Convention of 1961 Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Infants, , or Hague Protection of Minors Convention is a multilateral convention of the Hague Conference on Private International Law. The 1961 Convention emphasized the concept of the "interests of the child" as a basis for authorities of the child's nationality to overrule the authorities of the child's habitual residence. It built upon prior efforts to create successful multilateral treaties and brought an innovation in terminology by creating a compromise between advocates of "nationality" as the determining factor for jurisdiction and advocates for the modern fact-centric model of "habitual residence." The convention also included expanded language to encompass both judicial and administrative authorities in response to the Boll case (regarding the Hague Convention of 1902 relating to the settlement of guardianship of minors). Of particularly special note, the draft ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
