Whither the 1980 Hague Abduction Convention?

Nigel Lowe KC (Hon)

Chapter 25 in Research Handbook on International Child Abduction, 2023, pp 387-402 from Edward Elgar Publishing

Abstract: As the 1980 Hague Abduction Convention nears its 40th anniversary since it came into force it is timely to review its operation, to consider what challenges it has faced and to examine whether the instrument needs a more radical overhaul. This chapter begins with a brief overview and early perceptions of the Convention and examines how the Permanent Bureau of the Hague Conference on Private International Law, the Special Commissions and Good Practice Guides have helped to nurture the Convention. It discusses the many challenges it has faced, including those posed by human rights considerations, challenges to the Convention’s raison d’être, and operational challenges particularly the need for speedy disposals of applications. It identifies gaps in its coverage such as enforcement and ensuring safe returns. It concludes that while the Convention is not in need of a radical overhaul, it should not be immune to some change.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
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