Treatment of Enemy Aliens

1919 ◽  
Vol 13 (1) ◽  
pp. 22-59 ◽  
Author(s):  
James W. Garner
Keyword(s):  
Public Policy ◽  
International Law ◽  
Hague Convention ◽  
Municipal Law ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

English and American Doctrine and Practice. The question of the right of enemy subjects to sue in the courts of an adversary can hardly be said to be regulated by international law, unless the muchcontroverted Article 23(h) of the Hague Convention of 1907 respecting the laws and customs of war on land, is interpreted to apply to the actions of the judicial authorities. Certainly it is not true, as is sometimes asserted, that it is a principle of international law that they have no right of access to the courts of the adverse power. Like the practice in respect to trading with the enemy the matter is determined by the municipal law of each belligerent and is based upon considerations of public policy.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

scholarly journals Direito Fundamental dos Adotandos à Nacionalidade na Adoção Internacional / Fundamenal Right of Adoptees to Nationality in Adoption between States in regard to Brazilian law and the Hague Convention on International Adoption

2019 ◽  
Vol 47 (1) ◽  
pp. 157-186
Author(s):  
Leila Arruda Cavallieri ◽  
Florisbal Del'Olmo
Keyword(s):  
International Law ◽  
Host Country ◽  
International Adoption ◽  
Hague Convention ◽  
Fundamental Rights ◽  
International Adoptions ◽  
De Se ◽  
The Hague ◽  
The Right ◽  
The Hague Convention

O artigo apresenta uma visão da importância de se garantir o direito à aquisição e  a garantia de uma nacionalidade, no país de acolhida, para crianças e adolescentes nas adoções internacionais que se concretizam sob a égide da Convenção da Haia sobre Adoção Internacional. A primeira etapa da investigação se inicia pela pesquisa das normativas constitucionais e infraconstitucionais brasileiras que definem o instituto da nacionalidade. Em seguida, verifica-se até que ponto ocorreu uma constitucionalização do direito internacional no tocante a direitos fundamentais, em especial o de se tornar cidadão. Posteriormente, a pesquisa busca explicar como se dá a concessão de nacionalidade nos países de acolhida de crianças e adolescentes nas adoções entre Estados, com intuito de aferir se os ditames da Convenção da Haia sobre Adoção Internacional estão sendo respeitados. Dessa feita, a pesquisa visa demonstrar a importância de adequação de normas internas ao texto convencional com intuito de consolidar as reais necessidades dos adotandos para a plena fruição de direitos nos países dos adotantes.   Abstract: The article presents a vision of the importance of guaranteeing the right to acquire and guarantee a nationality in the host country for children and adolescents in international adoptions that are carried out under the aegis of the Hague Convention on International Adoption. The first stage of the investigation begins with the research of constitutional and Brazilian norms that define the institute of nationality. Then there is the extent to which a constitutionalisation of international law has taken place with regard to fundamental rights, in particular that of becoming a citizen. Subsequently, the research seeks to explain how the granting of nationality in the countries of child and adolescent adoption in inter-state adoptions, in order to verify if the dictates of the Hague Convention on International Adoption are being respected. This research aims at demonstrating the importance of adapting internal norms to the conventional text in order to consolidate the real needs of adoptees for the full enjoyment of rights in adopter countries.

Deciding to Defer: The Importance of Fairness in Resolving Transnational Jurisdictional Conflicts

2016 ◽  
Vol 70 (2) ◽  
pp. 409-441 ◽  
Author(s):  
Asif Efrat ◽  
Abraham L. Newman
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Original Data ◽  
Domestic Institutions ◽  
Data Set ◽  
Child Abduction ◽  
International Child ◽  
The Hague ◽  
The Hague Convention ◽  
Considerable Support

AbstractThe cross-border movement of people, goods, and information frequently results in legal disputes that come under the jurisdiction of multiple states. The principle of deference—acceptance of another state's exercise of legal authority—is one mechanism to manage such jurisdictional conflicts. Despite the importance of deference in international law and cooperation, little is known about the causes of variation in its use. In this article, we develop a theory of deference that focuses on the role that domestic institutions and norms play in ensuring procedural and substantive fairness. We test this theory in an original data set concerning accession practices in the Hague Convention on International Child Abduction. Our findings offer considerable support for the idea that states evaluate partners on the likelihood that they can offer a fair legal process. Exploring empirically the efforts against parental child abduction, we offer a nuanced account of the link between domestic institutions and norms and international cooperation. This account suggests that greater attention should be paid to the use of deference as a mechanism to manage the conflicts posed by globalization.

The Obligation to Extradite or Prosecute

1993 ◽  
Vol 27 (1-2) ◽  
pp. 268-287 ◽  
Author(s):  
Edward M. Wise
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Universal Jurisdiction ◽  
Customary International Law ◽  
The Hague ◽  
The Hague Convention ◽  
Multilateral Treaty ◽  
Multilateral Treaties

This paper is concerned with the alternative obligation to extradite or prosecute contained in multilateral treaties requiring suppression of “international offenses”. Such an obligation appears, for instance, in Article 7 of the Hague Convention for the Suppression of Unlawful Seizure of Aircraft of 1970, and in provisions of other anti-terrorism treaties modelled on the Hague Convention. The first part of this paper considers the extent to which the principle underlying Article 7 of the Hague Convention has been incorporated into multilateral treaties; the second part, the question of the extent to which that principle can be regarded as a norm of customary international law generally applicable to “international offenses” even apart from the specific treaties in which it is embodied.Broadly defined, “international offenses” are offenses on the part of individuals which states have an obligation, usually under a multilateral treaty, to proscribe or prosecute. Such offenses more or less coincide with those which Professor Feller designates asdelicta juris gentium(although he further assumes that all such offenses permit the exercise of “universal jurisdiction”).

scholarly journals Access Rights as a Way to Communicate with a Child

2020 ◽  
Vol 16 (1) ◽  
pp. 11-16
Author(s):  
Maria V. Gromozdina
Keyword(s):  
Hague Convention ◽  
Legal Analysis ◽  
Child Abduction ◽  
European Court ◽  
International Child ◽  
Access Rights ◽  
Broad Interpretation ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

The article deals with issues related to the exercise of parental access rights as a way of communicating with the child. A parent who claims to exercise the right of access is a separately residing parent and, as a rule, a foreign citizen. The implementation of the right of access is related to the application of the Hague Convention on Civil Aspects of International Child Abduction, 1980. In this connection, the author investigates the problems of application of the right of access by the Russian courts in solving family disputes related to upbringing of children. The situation is analyzed as to the possibility of a broad interpretation of the concept of "access rights", taking into account established international practice. The problem of a misunderstanding of the essence of access rights and the related limited application of the Convention's provisions are identified. The author is of the view that the rights of access and the procedure for communication with the child (in case of separation of parents) are independent legal institutions and do not replace each other. Comparative legal analysis confirms the author's conclusions, which are justified by examples of court practice. The choice of the method of protection of parental rights is determined by the person applying for protection and cannot be changed by the court in violation of the plaintiff's rights. Thus, the conclusion is made that it is necessary to analyze the jurisprudence of the European Court of Human Rights in order to properly apply the Convention.

Part I General and Introductory, 2 International and Territorial Application

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Eu Law ◽  
The European Union ◽  
The Hague ◽  
The Hague Convention ◽  
The Eu

This chapter discusses the scope of the Brussels 2012, Lugano 2007, and the Hague Convention. This is an important issue because if a case is outside their scope, they will not apply. It considers the international and territorial aspects: the rule that the instruments apply only in situations with an international element; and the fact that they apply only to particular territories. All three instruments apply in the European Union as part of EU law. Their territorial scope is, first and foremost, to be determined by looking at the EU Treaties. In the non-EU Parties to Lugano and Hague, the position is different. In those States, the instruments apply by virtue of international law.

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