Relevant bibliographies by topics / Hague Convention on International Access to Justice

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Hague Convention on International Access to Justice'

Author: Grafiati
Published: 4 June 2021
Last updated: 16 February 2022

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Journal articles on the topic "Hague Convention on International Access to Justice"

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Dragišić, Radmila. "Application of Brussels II bis regulation in exercising the right of access to a child by extended family members." Zbornik radova Pravnog fakulteta Nis 60, no. 90 (2021): 189–205. http://dx.doi.org/10.5937/zrpfn0-31490.

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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.
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Lowe, Nigel, and Alison Perry. "International Child Abduction—The English Experience." International and Comparative Law Quarterly 48, no. 1 (January 1999): 127–55. http://dx.doi.org/10.1017/s0020589300062904.

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Since 1 August 19861 the United Kingdom has been party to two international conventions on child abduction: the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, and the European (Luxembourg) Convention of 20 May 1980 on the Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children. While differing in various respects, each Convention seeks to tackle the problem of international child abduction by expediting the return of children under the age of 16 to their country of habitual residence following a wrongful removal to or retention in another contracting State. The principal difference between the Conventions is that while the Hague Convention deals with breaches of “rights of custody” or rights of access which may arise whether or not any court order exists with regard to the child, the European Convention is concerned solely with the recognition and enforcement of orders and decisions relating to custody and access.
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van Ert, Gib, Greg J. Allen, and Eileen Patel. "Canadian Cases in Public International Law in 2012 / Jurisprudence canadienne en matière de droit international public en 2012." Canadian Yearbook of international Law/Annuaire canadien de droit international 50 (2013): 539–70. http://dx.doi.org/10.1017/s0069005800010924.

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Service of process — Hague Convention on Service Abroad — relationship with Ontario rules of courtKhan Resources Inc v Atomredmetzoloto JSC, 2012 ONSC 1522 (9 March 2012) (Ontario Superior Court of Justice)At issue in this case, as in the Alberta Court of Appeal’s decision in Metcalfe Estate v Yamaha Motor Powered Products, also treated in this volume, is the ability of the court to resort to its domestic rules in order to effect service on a foreign defendant where the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Service Convention) applies.
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Putra, Akbar Kurnia, Bernard Sipahutar, Vrandza Iswenanda, and Sulhi Muhammad Daud. "Legal Protection of Cultural Objects in the Armed Conflict." Jambe Law Journal 2, no. 1 (November 3, 2019): 79–97. http://dx.doi.org/10.22437/jlj.2.1.79-97.

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This article aims to overview how the International Humanitarian Law regulates the protection of cultural heritages at the event of armed conflict. Applying a normative legal method, this article coclude that the protection for the cultural objects during an armed conflict is regulated in the Hague Convention IV of 1907, the Geneva Conventions IV of 1949, the Hague Convention of 1954, and the Second Protocols to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999. The Hague Convention of 1954 mentions about safeguarding of the cultural property from any harm as a result of armed conflicts and about respect for the cultural objects. Each nation is responsible to avoid, prevent, and forbid any harfmul acts against cultural property. However, no stipulation is mentioned on how the victims whose cultural objects are destroyed could sue for any destructions. Therefore it is recommended that a special International Body be formed to supervise any harmful activities toward the cultural objects. Such a body might be more than just an International Court of Justice whose function is to settle any objections, sues, or claims from parties whose cultural objecs have been destroyed during armed conflicts.
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Tetley, Carmen. "The Hague Convention: Who is Protecting the Child?" Children Australia 37, no. 4 (November 6, 2012): 135–41. http://dx.doi.org/10.1017/cha.2012.34.

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The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty that seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return. The ‘Child Abduction Section’ provides information about the operation of the Convention and the work of the Hague Conference in monitoring its implementation and promoting international co-operation in the area of child abduction. There are currently 58 member countries and 22 non-member countries. Australia signed the Convention five years after its introduction. The Family Law (Child Abduction) Regulations 1986 enshrined in Australian law the principles espoused in the Convention which came into force in 1987. The Regulations are to: (a)secure the prompt return of children wrongfully removed to or retained in any contracting state, and(b)ensure that rights of custody and access under the law of one contracting state are effectively respected in the other contracting states. This paper shows that the failure of Family Courts to take account of the effects of their actions on the development and best interests of children whose return is secured can add to the psychological abuse of those who were removed from their home countries to avoid sexual abuse and violence. It suggests that the exceptions in the regulations that allow a child to remain in the new country with the primary caregiver are being ignored.
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Ashagre, Aschalew. "Access to Justice for PWDs in Civil Proceedings before the Federal Courts of Ethiopia: The Law and Practice." Mizan Law Review 14, no. 1 (September 30, 2020): 1–30. http://dx.doi.org/10.4314/mlr.v14i1.1.

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Persons with disabilities (PWDs) are among the most vulnerable groups to social, economic and political problems. Various UN General Assembly declarations on the rights of PWDS serve as soft laws for the protection of the rights of PWDs; and the international Bill of Rights can be applicable to their protection. In particular, the UN Convention on the Rights of Persons with Disabilities (CRPD) contains provisions that recognize and protect various aspects of the rights of PWDS. The Convention clearly declares the rights of PWDs to access to justice both in civil and criminal proceedings. Ethiopia is a party to this Convention, and in effect, it has an international duty to implement, among other things, the right of access to justice for PWDs in judicial proceedings. This article examines access for PWDs in the Federal Courts in civil proceedings. It focuses on the legal and practical problems in the implementation of the right to access to justice in spite of attempts made by the government in this regard. Additional legislative and institutional improvements are thus necessary –to the extent possible– in order to realize the rights of access to justice for PWDs since substantive rights will remain meaningless in the absence of access to justice.
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Bekker, Peter H. F. "The 1996 Judicial Activity of the International Court of Justice." American Journal of International Law 91, no. 3 (July 1997): 554–55. http://dx.doi.org/10.2307/2954192.

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This Note summarizes the judicial work of the International Court of Justice during 1996, using the updated General List, pleadings filed, Orders and Judgments given and hearings held at the Peace Palace in The Hague to describe the Court’s current record.During the calendar year 1996, the Court was seized of one new contentious case: Kasikili/Sedudu Island (Botswana/Namibia). In 1996 a total of eleven cases appeared on the General List. Besides the new case referred to, the contentious proceedings before the full Court were Aerial Incident of 3 July 1988 (Iran v. United States), Maritime Delimitation and Territorial Questions between Qatar and Bahrain, Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v. United Kingdom) and (Libya v. United States), Oil Platforms (Iran v. United States), Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia), Gabčíkovo-Nagymaros Project (Hungary/Slovakia), Fisheries Jurisdiction (Spain v. Canada), and Land and Maritime Boundary (Cameroon v. Nigeria). Advisory proceedings were concluded in Legality of the Use by a State of Nuclear Weapons in Armed Conflict (request for an advisory opinion by the World Health Organization) and Legality of the Threat or Use of Nuclear Weapons (request for an advisory opinion by the General Assembly of the United Nations).
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Lee, Edward G., and Edward McWhinney. "The 1987 Elections to the International Court of Justice." Canadian Yearbook of international Law/Annuaire canadien de droit international 25 (1988): 379–88. http://dx.doi.org/10.1017/s006900580000326x.

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The Statute of the International Court of Justice specifies that the nominations of candidates for election to the Court shall be made by “national groups” constituted either by the national groups in the Permanent Court of Arbitration (PGA), or by national groups appointed for this purpose “under the same conditions” as those prescribed for members of the PCA under the Hague Convention of 1907. As of May 1987, about half the member states of the United Nations — seventy-six out of one hundred and fifty-eight — were members of the PCA, but among these only sixty-two had functioning national groups. Official United Nations documents show that a great many national groups from other states, perhaps created on an ad hoc basis for the regular elections to the Court, submit nominations as provided under Article 4(2) of the Statute. Once a candidate has been nominated by one or more national groups, the state of which he is a national is free to decide whether formally to sponsor his candidacy and to seek the support of other states in the elections to be held in the General Assembly and the Security Council.
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Schroeder, Doris, and Thomas Pogge. "Justice and the Convention on Biological Diversity." Ethics & International Affairs 23, no. 3 (2009): 267–80. http://dx.doi.org/10.1111/j.1747-7093.2009.00217.x.

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Justice and the Convention on Biological DiversityDoris Schroeder and Thomas PoggeBenefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation.Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century.
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Spijkers, Otto. "The Immunity of the United Nations in Relation to the Genocide in Srebrenica in the Eyes of a Dutch District Court." Journal of International Peacekeeping 13, no. 1-2 (2009): 197–219. http://dx.doi.org/10.1163/187541109x403043.

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AbstractThe Srebrenica genocide has come before three different courts in The Hague, the Netherlands. The International Court of Justice looked at the responsibility of the Republic of Serbia; the International Criminal Tribunal for the former Yugoslavia looked at the responsibility of certain individuals. No court has as yet dealt with the responsibility of the United Nations ('UN') itself. Ten relatives of victims of the genocide and a foundation called the Mothers of Srebrenica believed this to be a role for the judges of the District Court in The Hague. However, on 10 July 2008, the Dutch Court affirmed the UN's immunity and declared it had no jurisdiction to hear the action against it. This article discusses that judgment. It will look at the applicable immunity provisions, i.e. Article 105 of the UN Charter and the Convention on the Privileges and Immunities of the United Nations, their conceptual foundation (the doctrine of functional necessity), and the role of the Dutch Court in interpreting and applying these provisions. It will also look at a possible clash between respect for the absolute immunity of the UN and other legal obligations for the Netherlands, including those under the Genocide Convention, and the European Convention on Human Rights.
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Dissertations / Theses on the topic "Hague Convention on International Access to Justice"

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Palm, Emelie. "The New Horizons of Business and Human Rights in International Arbitration : An Analysis of the Hague Rules on Business and Human Rights Arbitration." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-419132.

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Arbitration has previously been a dispute resolution method for commercial and investment disputes mostly concerning businesses and states. The recently launched Hague Rules on Business and Human Rights Arbitration (The Hague Rules) are a universal set of rules for business-related human rights disputes in international arbitration, which offer an additional legal remedy for victims of human rights abuse linked to business activities. This thesis discusses if the legal remedies have been improved and reflects on previous legal remedies in order to analyse a potential improvement provided by the Hague Rules. The history of business-related human rights disputes has been strongly affected by the concept of corporate social responsibility which have contributed to a development of several soft law regulations. At the same time, businesses, states and arbitral tribunals have contributed to gradually include human rights aspects in arbitration. Despite this, the development before the Hague Rules was fragmentary and victims of the business-related human rights abuse were not provided a stable access to legal remedy. Corrupted and impartial domestic courts could in turn lead to the result of victims being completely excluded from access to justice. Through the Hague Rules, victims are provided with an opportunity to raise claims in arbitration, a development that have included human rights aspects in arbitration such as public interest, imbalance of power, expert arbitrators and witness protection. Even if the Hague Rules offer an effective legal remedy for the victims of business-related human rights abuse in many regards, imbalance of power between a well-funded corporation and the victims cannot be solved solely by a soft law instrument. Furthermore, domestic laws and domestic courts might raise issues for the Hague Rules which could also potentially decrease important features of the national adjudication process. Even if the Hague Rules could be improved further, they are still an improvement of legal remedies for victims of human rights abuse linked to business activities and have increased the access to justice.
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Rehnlund, Mathilde. "In the Best of Worlds : Benefit sharing and sustainable development in Babati, Tanzania." Thesis, Södertörn University College, School of Life Sciences, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-2256.

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Genetic resources are vital to all people, but especially the poor. They are also important for biodiversity, in turn a key factor in sustainable development. Since 1980, the bio industries have utilized genetic resources in their work, for example on pharmaceuticals, and patented their findings. This has created mistrust and malcontent among biodiverse poor countries in the South. To promote biodiversity protection and ensure access to and fair and equitable sharing of the benefits from the usage of genetic resources, the Convention of Biological Diversity requests an international regime. Negotiations for the Access and Benefit Sharing regime began in 2001 and have intensified as its end date, 2010, draws nearer.

People in Babati, Tanzania are as dependant on traditional medicine, which utilizes wild genetic resources, as they are on modern medicine. The status in the regime of communities such as those of Babati is principally important if sustainable development is to be reached. The greatest issue for the model currently under negotiation to deal with in order to truly promote sustainable development is equity.

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Books on the topic "Hague Convention on International Access to Justice"

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International, Peace Conference (2nd 1907 Hague Netherlands). The project relative to a court of arbitral justice: Draft convention and report adopted by the Second Hague Peace Conference of 1907. Buffalo, N.Y: W.S. Hein, 2000.

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The Aarhus Convention at ten: Interactions and tensions between conventional international law and EU environmental law. Groningen: Europa Law Publishing, 2011.

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Jovanović, Larisa. Strategijski značaj i primena Arhuske konvencije u Republici Srbiji: Monografija nacionalnog značaja. Beograd: Naučno stručno društvo za zaštitu životne sredine Srbije "Ecologica", 2014.

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Wehberg, Hans. The outlawry of war: A series of lectures delivered before the Academy of International Law at the Hague and in the Institut Universitaire de Hautes Etudes Internationales at Geneva. Buffalo, N.Y: W.S. Hein & Co., 2000.

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Hague Conference on Private International Law. Hague Securities Convention: Explanatory Report. Martinus Nijhoff Publishers, 2005.

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Europe, Economic Commission for. Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters. United Nations, 1999.

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Strategy for implementing the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters-- the Aarhus Convention. Belgrade: Ministry of Environment, Mining and Spatial Planning, 2011.

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Protocol on Pollutant Release and Transfer Registers to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in. United Nations, 2005.

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United Nations. Economic Commission for Europe, ed. Protocol on pollutant release and transfer registers to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters. New York: United Nations, 2003.

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Banner, Charles. Aarhus Convention: A Guide for UK Lawyers. Bloomsbury Publishing Plc, 2015.

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Book chapters on the topic "Hague Convention on International Access to Justice"

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Wei, Dan, and Claudia Lima Marques. "A Possible Future Convention on Cooperation and Access to Justice for International Tourists at the Hague Conference: Note on the Final Report and First Expert Group Meeting." In Innovation and the Transformation of Consumer Law, 153–75. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-8948-5_12.

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Pitea, Cesare. "Procedures and Mechanisms for Review of Compliance under the 1998 Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters." In Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements, 221–49. The Hague: T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-557-5_14.

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Zimmermann, Andreas. "Would the World Be a Better Place If One Were to Adopt a European Approach to State Immunity? Or, ‘Soll am Europäischen Wesen die Staatenimmunität Genesen’?" In Remedies against Immunity?, 219–33. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_12.

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AbstractThis chapter argues not only that there is no European Sonderweg (or ‘special way’) when it comes to the law of state immunity but that there ought not to be one. Debates within The Hague Conference on Private International Law in the late 1990s and those leading to the adoption of the 2002 UN Convention on Jurisdictional Immunities of States, as well as the development of the EU Brussels Regulation on Jurisdiction and Enforcement, as amended in 2015, all demonstrate that state immunity was not meant to be limited by such treaties but ‘safeguarded’. Likewise, there is no proof that regional European customary law limits state immunity when it comes to ius cogens violations, as Italy and (partly) Greece are the only European states denying state immunity in such cases while the European Court of Human Rights has, time and again, upheld a broad concept of state immunity. It therefore seems unlikely that in the foreseeable future a specific European customary law norm on state immunity will develop, especially given the lack of participation in such practice by those states most concerned by the matter, including Germany. This chapter considers the possible legal implications of the jurisprudence of the Italian Constitutional Court for European military operations (if such operations went beyond peacekeeping). These implications would mainly depend on the question of attribution: if one where to assume that acts undertaken within the framework of military operations led by the EU were to be, at least also, attributable to the troop-contributing member states, the respective troop-contributing state would be entitled to enjoy state immunity exactly to the same degree as in any kind of unilateral military operations. Additionally, some possible perspectives beyond Sentenza 238/2014 are examined, in particular concerning the redress awarded by domestic courts ‘as long as’ neither the German nor the international system grant equivalent protection to the victims of serious violations of international humanitarian law committed during World War II. In the author’s opinion, strengthening the jurisdiction of international courts and tribunals, bringing interstate cases for damages before the International Court of Justice, as well as providing for claims commissions where individual compensation might be sought for violations of international humanitarian law would be more useful and appropriate mechanisms than denying state immunity.
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"No. 26112. Convention on international access to justice. Concluded at the Hague on 25 October 1980." In Treaty Series 1689, 505. UN, 1999. http://dx.doi.org/10.18356/33275f67-en-fr.

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"No. 26112. Convention on International Access to Justice. Concluded at The Hague on 25 October 1980." In Treaty Series 1918, 453. UN, 2001. http://dx.doi.org/10.18356/0c387c9e-en-fr.

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"No. 26112. Convention on International Access to Justice. Concluded at the Hague on 25 October 1980." In United Nations Treaty Series, 436. UN, 2000. http://dx.doi.org/10.18356/63422680-en-fr.

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"No. 26112. Convention on International Access to Justice. Concluded at The Hague on 25 October 1980." In Treaty Series 2001, 445. UN, 2001. http://dx.doi.org/10.18356/f0870779-en-fr.

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"No. 26112. Convention on international access to justice. concluded at the Hague on 25 october 1980." In United Nations Treaty Series, 349–50. UN, 1998. http://dx.doi.org/10.18356/f1eb0382-en-fr.

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"No. 26112. Convention on International Access to Justice. Concluded at the Hague on 25 October 1980." In United Nations Treaty Series, 474. UN, 1999. http://dx.doi.org/10.18356/92305057-en-fr.

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Kretzmer, David, and Yaël Ronen. "International Law of Belligerent Occupation." In The Occupation of Justice, 55–82. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190696023.003.0004.

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This chapter examines the Court’s decisions on the applicability of the belligerent law of occupation to the Occupied Territories and the enforcement of that body of law by the Court. It explains the distinction the Court has drawn between customary international law and treaty law. The chapter shows that the Court regards the Hague Regulations as customary law but has not taken the same approach to the Fourth Geneva Convention. The Government of Israel adopted the view that the applicability of the Fourth Geneva Convention to the West Bank is questionable, but undertook to respect the Convention’s humanitarian provisions. The chapter shows how the Court has neither accepted nor rejected the government’s view and has left the Convention’s formal applicability as an open question. Nevertheless the Court regularly relies on the Convention and interprets is provisions. The chapter maintains that in interpreting the Convention the Court has vacillated between different theories of interpretation but has consistently adopted the interpretation that favours the government’s position in the particular cases before it.
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Conference papers on the topic "Hague Convention on International Access to Justice"

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Drventić, Martina. "COVID-19 CHALLENGES TO THE CHILD ABDUCTION PROCEEDINGS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18323.

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While creating a new notion of everyday life, the COVID-19 pandemic also affects the resolution of cross-border family disputes, including the international child abduction cases. The return of an abducted child to the country of his or her habitual residence is challenged by travel restrictions, international border closures, quarantine measures, but also by closed courts or cancelled hearings. Those new circumstances that befell the whole world underline two issues considering child abduction proceedings. The first one considers access to justice in terms of a mere possibility of the applicant to initiate the return proceeding and, where the procedure is initiated, in terms of the manner of conducting the procedure. The legislation requires a quick initiation and a summary resolution of child abduction proceedings, which is crucial to ensuring the best interests and well-being of a child. This includes the obligation of the court to hear both the child and the applicant. Secondly, it is to be expected that COVID-19 will be used as a reason for child abduction and increasingly as justification for issuing non-return orders seen as a “grave risk” to the child under Article 13(1)(b) of the Child Abduction Convention. By analysing court practice from the beginning of the pandemic in March 2020 to March 2021, the research will investigate how the pandemic has affected child abduction proceedings in Croatia. Available national practice of other contracting states will also be examined. The aim of the research is to evaluate whether there were obstacles in accessing the national competent authorities and courts during the COVID-19 pandemic, and in which manner the courts conducted the proceedings and interpreted the existence of the pandemic in the context of the grave risk of harm exception. The analyses of Croatian and other national practices will be used to gain an overall insight into the effectiveness of the emerging guidance and suggest their possible broadening in COVID-19 circumstances or any other future crises.
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