Book chapter
The contribution of the United States Supreme Court to international family law
Research Handbook on International Family Law, pp.348-362
Research Handbooks in Family Law series, Edward Elgar Publishing
2024
DOI: 10.4337/9781802207422.00025
Abstract
The United States Supreme Court has harmonised the implementation of the Hague Abduction Convention in the United States, in a series of five decisions. The rulings pay close attention to the text of the Convention and the decisions of courts in other Contracting States, insisting on its autonomous interpretation and resisting efforts to import background principles of domestic law into Convention cases. The Court has emphasised the Convention’s broad purpose of deterring abduction while also recognising other considerations reflected in the Convention’s exceptions to return. These rulings have helped to assure a uniform national approach to Convention cases in the United States, and to maintain the broader system of cooperation with partner countries that the Convention was intended to achieve.
Details
- Title: Subtitle
- The contribution of the United States Supreme Court to international family law
- Creators
- Ann Laquer Estin
- Resource Type
- Book chapter
- Publication Details
- Research Handbook on International Family Law, pp.348-362
- Series
- Research Handbooks in Family Law series
- DOI
- 10.4337/9781802207422.00025
- Publisher
- Edward Elgar Publishing; Cheltenham, UK
- Number of pages
- 15
- Language
- English
- Date published
- 2024
- Academic Unit
- International Programs; Injury Prevention Research Center; Law Faculty
- Record Identifier
- 9984654501202771
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