Title: Extension of the Hague Convention to non-signatory nations: a possible solution to parental child abduction
Authors: Akanksha Sharma; Harini Viswanathan
Addresses: National Law School of India University, Nagarbhavi, Bangalore – 560242, India. ' National Law School of India University, Nagarbhavi, Bangalore – 560242, India
Abstract: Non-signatories to the Hague Convention on Civil Aspects of International Child Abduction can roughly be divided into two categories, those with a principled objection to the convention such as Islamic nations and those that have not yet ratified the convention but do not have a principled objection to it such as India. In this paper, the researchers seek to study the utility and feasibility of the extension of the Hague Convention to both these types of nations. The idea that the researchers seek to uphold is that parental abduction of the child in order to obtain a favourable forum of adjudication is essentially antithetical to the best interests of the child and therefore must not be permitted, regardless of whether it is justified by cultural relativism.
Keywords: Hague Abduction Convention; international abduction; child abduction; civil law; multilateral treaties; international conventions; adjudication; jurisdictions; comity; custody decrees; Islamic nations; Islam; Egypt; USA; United States; family law; Muslim law; Pakistan; Islamic centricism; Western jurisprudence; non-signatory nations; parental abduction; parents; families; principled objections; ratification; India; best interests; children; cultural relativism; private law.
International Journal of Private Law, 2011 Vol.4 No.4, pp.546 - 559
Available online: 26 Sep 2011 *Full-text access for editors Access for subscribers Purchase this article Comment on this article