''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 ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...

sued

Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...

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 grandparents.

Judgment

The Court analyzed the

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 fami ...

and found that the concept of guardianship should be narrowly interpreted. As such, the 1902 Convention did not prevent institutions of public law, here the Swedish order, from intervening to take the child into "care" or "protective upbringing." The practical effect of the decision was that it allowed a state to void the guardianship orders of another state with presumptive jurisdiction, by enacting public laws.

Significance

In response to the decision, the

Hague Conference The Hague Conference on Private International Law (HCCH) is an intergovernmental organisation in the area of private international law (also known as ''conflict of laws''), that administers several international conventions, protocols and soft ...

, which had recently created a small Permanent Bureau, responded by drafting a new Convention in the Conference's Ninth Diplomatic Session in 1960, the

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, french: Convention du 5 octobre 1961 concernant la compétence des autorités et la loi applicable en matière de protection ...

, which included expanded language regarding "measures directed to the protection of he child'sperson or property," which was specifically intended to apply to both a state's own private law orders, such as guardianship orders, but also to all public care orders.

References

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External links

Hague Conference on Private International Law
Conflict of laws case law Family law International Court of Justice cases 1958 in case law 1958 in the Netherlands 1958 in Sweden 1958 in international relations Netherlands–Sweden relations

Facts

Judgment

Significance

See also

References

External links