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International Child Abduction
The term international child abduction is generally synonymous with international ''parental kidnapping,'' ''child snatching'', and ''child stealing.'' However, the more precise legal usage of ''international child abduction'' originates in private international law and 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 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. Such a result often strongly affects a child's access and connection to half their family and may cause the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly (e.g. in the belief that it is a taxicab). Kidnapping may be done to demand for ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury which elevates the crime to aggravated kidnapping. Kidnapping of a child is known as child abduction, which is a separate legal category. Motivations Kidnapping of children is usually done by one parent or others. The kidnapping of adults is often for ransom or to force someone to withdraw money from an Automated teller machine, ATM, but may also be for sexual assault. Children have also been ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Montevideo Convention
The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. The Convention codifies the declarative theory of statehood as accepted as part of customary international law. At the conference, United States President Franklin D. Roosevelt and Secretary of State Cordell Hull declared the ''Good Neighbor Policy'', which opposed U.S. armed intervention in inter-American affairs. The convention was signed by 19 states. The acceptance of three of the signatories was subject to minor reservations. Those states were Brazil, Peru and the United States. The convention became operative on December 26, 1934. It was registered in ''League of Nations Treaty Series'' on January 8, 1936. The conference is notable in U.S. history, since one of the U.S. representatives was Dr. Sophonisba Preston Breckinridge, the first U.S. female representative at an international con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Central Authority
A Central Authority is an agency or organization that is designated to play a key facilitating role in the implementation and operation of an international treaty in public and private international law. Prior to the Hague Evidence Convention and the Hague Service Convention's of 1965 and 1970, most treaties would designate two separate agencies to, respectively, transmit and receive treaty petitions and applications with their corresponding agencies in foreign states. The Conventions of '65 and '70 consolidated these roles into a single ''Central Authority.'' Future Conventions, such as Hague 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 internationally abducted by a parent from one member countr ... also demanded that the Central Authority in each country handle two-way communications with domestic courts, adminis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Service Convention
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty that was adopted in The Hague, The Netherlands, on 15 November 1965 by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating or based in another country. The provisions of the convention apply to service of process in civil and commercial matters but not criminal matters. AlsoArticle 1states that the Convention shall not apply if the address of the person to be served with the document is not known. Diplomatic service via letters rogatory For states that are not party to the Hague Service Convention, diplomatic channels are generally used for the service of legal documents. It is generally effected by a letter rogatory, which is a formal request to issue ... [...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 convention d ... [...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 multilateralism, multilateral treaty that provides an expeditious method to return a child international child abduction, internationally abducted by a parent from one member country to another. The convention was drafted to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state 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 entered into force between the signatories on 1 December 1983. The primary intention of the convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention thereby deterring a parent from crossing international boundaries in search of a more sympathetic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ministry Of Foreign Affairs (Netherlands)
The Ministry of Foreign Affairs ( nl, link=no, Ministerie van Buitenlandse Zaken; BZ) is the Netherlands' ministry responsible for 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 is the head of the ministry and a member of the Cabinet of the Netherlands, the incumbent acting minister is Wopke Hoekstra. The Minister for Foreign Trade and Development Cooperation is a minister without portfolio within the Ministry of Foreign Affairs, its incumbent minister is Liesje Schreinemacher. History The Ministry was formed in 1798 as the Department of Foreign Affairs. Since 1965 a special Minister for International Development has been appointed in each government with the exception of the Firs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Hague
The Hague ( ; nl, Den Haag or ) is a city and municipality of 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 while the official capital of the Netherlands is Amsterdam, The Hague has been described as the country's de facto capital. The Hague is also the capital of the province of South Holland, and the city hosts both the International Court of Justice and the International Criminal Court. With a population of over half a million, it is the third-largest city in the Netherlands, after Amsterdam and Rotterdam. The Hague is the core municipality of the Greater The Hague urban area, which comprises the city itself and its suburban municipalities, containing over 800,000 people, making it the third-largest urban area in the Netherlands, again after the urban areas of Amsterdam and Rotterdam. The Rotterdam–The Hague metropolitan area, with a population of approximately 2.6&n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perverse Incentive
A perverse incentive is an incentive that has an unintended and undesirable result that is contrary to the intentions of its designers. The cobra effect is the most direct kind of perverse incentive, typically because the incentive unintentionally rewards people for making the issue worse. The term is used to illustrate how incorrect stimulation in economics and politics can cause unintended consequences. Examples of perverse incentives The original cobra effect The term ''cobra effect'' was coined by economist Horst Siebert based on an anecdote of an occurrence in India during British rule. 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, enterprising people began to breed cobras for the income. When the government became aware of this, the reward program was scrapped. When cobra breeders s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Shopping
Forum shopping is a colloquial term for the practice of litigants having their legal case heard in the court thought most likely to provide a favorable judgment. Some jurisdictions have, for example, become known as "plaintiff-friendly" and so have attracted litigation even when there is little or no connection between the legal issues and the jurisdiction in which they are to be litigated. Examples include the attraction of foreign litigants to the United States due to its expansive acceptance of personal jurisdiction and favorable litigation climate, and the United Kingdom for its stricter defamation laws and generous divorce settlements. The term has become adopted in a wider context for the activity of repeatedly seeking a venue or willing listener for a concern, complaint or action, until one is found. Related notions When a case is filed before a court, the court decides whether it has personal and subject matter jurisdiction, and if so, whether it is the most appropri ... [...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'' [1958ICJ 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 pr ..., 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 s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Law
Public law is the part of law that governs relations 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 inequalized. 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 Roman jurist Ulpian ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
