Blog Posts: Hague Convention

Prof. Ann Estin on child welfare in abduction and asylum proceedings

Numbers of unaccompanied minors taken into custody at the United States's southern border have nearly doubled in the last year. The dramatic increase has strained U.S. courts, particularly where international legal obligations are involved. University of Iowa law Prof. Ann Estin argues that U.S. courts are up to the challenge.

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No Comments | Posted by Elizabeth M. Hutchens on Mon. August 1, 2016 8:00 AM
Categories: Children's rights, Conflict of Laws, Hague Convention, Refugees/Asylum, Symposium

Exploring the Hague Abduction Convention Through Halabi’s Lens

In an article published in the North Carolina Journal of International Law’s symposium issue, Sam F. Halabi explores why federal courts decline to assert subject-matter jurisdiction over enforcement of visitation rights under the International Child Abduction Remedies Act (ICARA), despite asserting jurisdiction over another remedy: return of a child to his or her habitual residence. Ultimately, Halabi contends that neither the treaty nor the statute justifies the federal courts’ refusal to hear access claims.

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No Comments | Posted by Margaret D. Petersen on Fri. July 29, 2016 8:00 AM
Categories: Children's rights, Hague Convention, Symposium

The Hague Abduction Convention and Japan's nebulous family law

Japan's uniquely vague body of family law was a key reason why it didn't ratify the 1980 Hague Convention on the Civil Aspects of International Child Abduction until 2014, more than a decade after most other developed democracies. In a forthcoming ILJ article, Hofstra University law Prof. Barbara Stark argues that Japanese society's preference for sole maternal custody is likely to become clearer as its courts apply the Convention.

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No Comments | Posted by Jennie L. Cunningham on Thu. May 12, 2016 1:56 PM
Categories: Children's rights, Hague Convention, Japan

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