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Topic: The Hague Convention


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In the News (Sun 3 Jun 12)

  
  Hague Convention - Wikipedia, the free encyclopedia
The Hague Conventions of 1899 and 1907, agreements providing, among others things, regulations for the commencement of hostilities and conduct of belligerents and neutral powers towards each other and other nations, and outlawing the use of certain types of weapons in warfare.
The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (signed May 14, 1954; entered into force August 7, 1956), requiring its signatories to avoid damaging culturally significant sites during wartime.
One of the better known of these is Convention #12, the Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents.
en.wikipedia.org /wiki/Hague_Convention   (282 words)

  
 The Avalon Prject - Laws of War : Laws and Customs of War on Land (Hague IV); October 18, 1907
The present Convention, duly ratified, shall as between the Contracting Powers, be substituted for the Convention of 29 July 1899, respecting the laws and customs of war on land.
In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.
Done at The Hague 18 October 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel to the Powers which have been invited to the Second Peace Conference.
www.yale.edu /lawweb/avalon/lawofwar/hague04.htm   (3427 words)

  
 THE HAGUE CONVENTION
The Hague Convention provides the mechanism for determining whether a child has been wrongfully removed, but any decision on the underlying question of custody is left to the appropriate judiciary of the child's home state.
However, the Hague Convention does not explicitly define the term "habitual resident." In fact, in Meredith, supra, at 1434, the Court stated "[H]abitual residence is an undefined term in the Convention.
The reality of the Hague Convention is that the limited grounds on which to oppose the return of the child can be utilized to defeat the purpose of the Hague Convention should the spouse who removed the child chose to do so.
www.gourvitz.com /hague.htm   (1482 words)

  
 Hague Convention Abduction Issues
The countries that are party to the Convention have agreed that a child who is habitually resident in one party country, and who has been removed to or retained in another party country in violation of the left-behind parent''s custodial rights, shall be promptly returned to the country of habitual residence.
In addition, the reputation of the Hague Convention is such that, when an abducting or retaining parent learns that a Hague application has been or will be filed, he or she may return the child voluntarily and no further civil action will be taken.
With the Hague Convention, the emphasis is on the swift return of a child to his or her place of habitual residence where the custody dispute can then be resolved, if necessary, in the courts of that jurisdiction.
travel.state.gov /family/abduction_hague.html   (1870 words)

  
 THE HAGUE CONVENTION
In view of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war so far as military necessities permit, are destined to serve as general rules of conduct for belligerents in their relations with each other and with populations.
Article 5 In the event of one of the High Contracting Parties denouncing the present Convention, such denunciation would not take effect until a year after the written notification made to the Netherland Government, and by it at once communicated to all the other Contracting Powers.
Done at the Hague the 29th July 1899, in a single copy, which shall be kept in the archives of the Netherland Government, and copies of which, duly certified, shall be delivered to the Contracting Powers through the diplomatic channel.
www.mtsu.edu /~baustin/hague2.html   (3113 words)

  
 Hague Convention
The Hague Convention is multilateral treaty that includes 66 prospective member countries.
The goal of the Convention is to protect the children, birth parents and adoptive parents involved in intercountry adoptions and to prevent child-trafficking and other abuses.
JCICS has supported the Hague Convention on International Adoption since its drafting in 1994 and, along with other major adoption organizations, has been active in guiding formulation of an effective implementation plan in the US.
www.jcics.org /Hague.htm   (1182 words)

  
 The Hague Convention of 1954
Convention for the Protection of Cultural Property in the Event of Armed Conflict
Revision of the Convention and of the Regulations for its execution
Regulations for the Execution of the Convention for the Protection of Cultural Property in the Event of Armed Conflict
www.icomos.org /hague/hague.convention.html   (95 words)

  
 The Hague Convention
Without prejudice to any other functions which have been conferred on it by the present Convention or the Regulations for its execution, the purpose of the meeting will be to study problems concerning the application of the Convention and of the Regulations for its execution, and to formulate recommendations in respect thereof.
Article 30 SIGNATURE The present Convention shall bear the date of 14 May, 1954 and, until the date of 31 December, 1954, shall remain open for signature by all States invited to the Conference which met at The Hague from 21 April, 1954 to 14 May, 1954.
Acceptance by the High Contracting Parties of amendments to the Convention or to the Regulations for its execution, which have been adopted by the Conference mentioned in paragraphs 4 and 5, shall be effected by the deposit of a formal instrument with the Director-General of the United Nations Edu- cational, Scientific and Cultural Organization.
exchanges.state.gov /culprop/hague.html   (3019 words)

  
 Argentina 11.676 - Merits
The State argues that under The Hague Convention, the principle of the child’s higher interest is served by returning her immediately to her place of habitual residence.
In the case under study, The Hague Convention was the legal basis of the dispute between the parties litigated in the domestic courts.
Here, The Hague Convention is the product of the interdisciplinary work done in civil international law and procedural international law that not only harmonize and unify private law, but also influence domestic procedural laws in order to facilitate international judicial assistance and ensure the human right to access the courts.
www.cidh.org /annualrep/2000eng/ChapterIII/Merits/Argentina11.676.htm   (8173 words)

  
 Legal Protection for Cultural Heritage: Protection of Cultural Property in the Event of Armed Conflict
The States which are party to the Convention have undertaken to lessen the consequences of armed conflict for cultural heritage and to take preventive measures for such protection not only in time of hostility (when it is usually too late), but also in time of peace.
A review of the Convention was initiated in 1991 to draw up a new agreement to improve the Convention taking account of the experience gained from conflicts and the development of international humanitarian and cultural heritage protection law since 1954.
Consequently, a Second Protocol to the Hague Convention was adopted at a Diplomatic Conference held at The Hague in March 1999.
www.unesco.org /culture/legalprotection/war/html_eng/index_en.shtml   (553 words)

  
 Hague Conference On International Child Abduction: Legal Language Services   (Site not responding. Last check: 2007-11-07)
This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.
Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organizing access rights.
Convention relating to the settlement of the conflicts between the law of nationality and the law of domicile, 15 June 1955
www.legallanguage.com /Hague/haguetx28e.html   (3745 words)

  
 Hague Convention   (Site not responding. Last check: 2007-11-07)
Hague III -- Adaptation to Maritime Warfare of Principles of Geneva Convention of 1864
Hague Convention II -- The Limitation of Employment of Force for Recovery of Contract Debts
Hague Convention X -- Adaptation to Maritime War of the Principles of the Geneva Convention
www.lib.byu.edu /~rdh/wwi/hague.html   (395 words)

  
 Hague Convention-Chap.X-Protocol
Accordingly, a request for extradition or for mutual legal assistance based on such offences may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.
The situations referred to in Articles 18 and 19 of the Convention shall give immediate effect to ratifications, acceptances or approvals of or accessions to this Protocol deposited by the parties to the conflict either before or after the beginning of hostilities or occupation.
DONE at The Hague, this twenty-sixth day of March 1999, in a single copy which shall be deposited in the archives of the UNESCO, and certified true copies of which shall be delivered to all the High Contracting Parties.
www.unesco.org /culture/laws/hague/html_eng/protocol2.shtml   (5056 words)

  
 What You Should Know about the Hague Convention
While the convention would clearly have some benefits, in terms of stricter enforcement of civil judgments, it would also greatly undermine national sovereignty and inflict far-reaching and profound harm on the public in a wide range of issues.
The treaty is called the Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters, and is being negotiated under the little known Hague Conference on Private International Law.
In the patent area, the Hague convention would force European governments to begin enforcing judgments and injunctive relief from US software and business methods patents, even though software and business methods cannot be patented in many European countries.
www.cptech.org /ecom/jurisdiction/whatyoushouldknow.html   (2441 words)

  
 Hague Convention   (Site not responding. Last check: 2007-11-07)
The Hague Conventions of 1899 and 1907 agreements providing among others things regulations the commencement of hostilities and conduct of and neutral powers towards each other and nations and outlawing the use of certain of weapons in warfare.
The Hague Convention for the Protection of Cultural in the Event of Armed Conflict (signed May 14 1954 ; entered into force August 7 1956) requiring its signatories to avoid damaging significant sites during wartime.
The Hague Conference on Private International Law an international treaty organization that oversees series of dozens of Coventions drawn up the early 1900s through the present day aiming to certain aspects of civil law between signatories.
www.freeglossary.com /Hague_Convention   (373 words)

  
 DCI - Hague Conventions Full Document
Although it comes from an organisation which is external to the United Nations, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, adopted on 10 May 1993 (hereinafter the Hague Convention) is inspired by two UN instruments.
In this manner the Hague Convention confirms that international adoption is a field of action that has to fit in with the rights of the child from the beginning to the end of the proceedings.
The Hague Convention does not give any details, however it seems that the term "public authorities" may include courts, official services for the protection of children or for adoption, immigration departments, passport offices, etc. In spite of the distribution of functions, the contracting State remains responsible for any violation of the Convention.
child-abuse.com /childhouse/childrens_rights/dci_h7.html   (5454 words)

  
 Divorce Interactive: Child Abduction: Parental Kidnapping & the Hague Convention   (Site not responding. Last check: 2007-11-07)
The elements of a cause of action for the return of an abducted child under the Hague Convention on the civil aspects of child abduction and International Child Abduction Remedies Act are that:
The burden of proof in proving the application of the Hague Convention falls upon the Petitioning party and must be shown by a preponderance of the evidence.
Affirmative defenses under the Hague Convention include the claim that the parents seeking relief under the Hague Convention was aware of the Child's presence in the new country and failed to act for more than a year.
www.divorceinteractive.com /consumer/Articlesearch.asp?ID=97   (813 words)

  
 Hague Convention   (Site not responding. Last check: 2007-11-07)
This duplicitous behavior violated the customary international laws of war set forth in the 1907 Hague Convention on the Opening of Hostilities to which the...
Also, according to article 42 of the additional protocol of the Hague convention of 1907, any soil of a state is considered occupied, when it is under the de...
The Hague Conventions on Private International Law, a series of dozens of treaties drawn up from the early 1900s through the present day aiming to rationalize certain aspects of civil law between signatories.
www.wikiverse.org /hague-convention   (342 words)

  
 The Avalon Project : Laws of War
Hague III - Adaptation to Maritime Warfare of Principles of Geneva Convention of 1864 : July 29,1899
Hague X - Adaptation to Maritime War of the Principles of the Geneva Convention : 18 October 1907
Hague XI - Restrictions With Regard to the Exercise of the Right of Capture in Naval War : 18 October 1907
www.yale.edu /lawweb/avalon/lawofwar/lawwar.htm   (567 words)

  
 CPTech's Page on the Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Law
Hague Conference on Private International Law Main Page, FAQ and page for the Future Hague Convention on International Jurisdiction and Foreign Judgements in Civil and Commercial Matters.
Hague Conference on Private International Law main page for the future Hague Convention on International Jurisdiction and the Effects of Judgments in Civil and Commercial Matters.
It was hoped that this convention would be an essential part of the future growth of the global economy and a cornerstone of a more harmonized worldwide civil justice structure.
www.cptech.org /ecom/jurisdiction/hague.html   (4592 words)

  
 Royal The Hague - Convention Bureau - The Hague congress city
The Hague presents itself as a city for congresses and company events in the Netherlands.
International style, that is. Being the Royal residence and the political center of The Netherlands, the city of The Hague is a national icon.
The Hague's unique location by the North Sea gives it an extra dimension where recreation is concerned.
www.holland.com /denhaag/gb/conventionbureau/congresscity   (263 words)

  
 Corporate Capture of the Internet
Critics say that unless it explicitly exempts speech torts, the Hague Convention could expose writers, publishers and even people who post opinions on the Internet to defamation and libel suits in countries where free speech protections are weaker than those in countries such as the United States.
Supporters of the Hague Convention say the treaty will not necessarily exacerbate the situation, since countries including the United States with stronger free speech laws could block enforcement of such decisions by exercising a public policy exemption built into the treaty.
While many Hague Convention negotiators are aware of the quandaries posed by the Internet in a world where nations have not harmonized their laws, most are nevertheless pushing ahead with a quixotic sense of optimism.
www.multinationalmonitor.org /mm2002/02march/march02corp1.html   (3231 words)

  
 Apostille Information
The Convention provides for the simplified certification of public (including notarized) documents to be used in countries that have joined the convention.
Documents destined for use in participating countries and their territories should be certified by one of the officials in the jurisdiction in which the document has been executed.
With this certification by the Hague Convention apostille, the document is entitled to recognition in the country of intended use, and no certification by the Authentications Office or legalization by the embassy or consulate of the foreign country where the document is to be used is required.
www.state.gov /m/a/auth/c1267.htm   (234 words)

  
 CANADA RATIFIES THE HAGUE CONVENTION   (Site not responding. Last check: 2007-11-07)
The Convention seeks to establish safeguards so that international adoptions are carried out in the best interests of the children.
The amendments provide that the Central Authorities of the receiving country and the country of origin must agree to a child’s placement and that immigation requirements must be met before an officer may issue an immigrant visa.
Sixty-six States participated in drafting the Convention, which was finalized on May 29, 1993, under the auspices of the Hague Conference on Private International Law.
canada.justice.gc.ca /en/news/nr/1997/hague.html   (449 words)

  
 Hague Conferences on Encyclopedia.com   (Site not responding. Last check: 2007-11-07)
Neither succeeded in the main announced purpose of effecting a reduction in armaments, but a number of declarations and conventions respecting the laws of war were adopted and were later ratified by many states.
Ratified prohibitions of aerial bombardment and of the use of submarine mines and poison gas proved ineffective, but more heed was given to conventions respecting the rights of neutral shipping (particularly respecting contraband) and the protection of noncombatants.
A substantial achievement was the founding by the First Hague Conference of the Permanent Court of Arbitration, popularly called the Hague Tribunal.
www.encyclopedia.com /html/H/HagueC1on.asp   (616 words)

  
 Wired News: Worldwide Copyrights a Quagmire?
The treaty in question is a heretofore obscure proposal known as the Hague Convention, which European nations generally support, but the U.S. State Department has criticized.
If countries agree to the convention, they'd be required to enforce judgments in certain type of civil lawsuits brought in another jurisdiction.
Other speakers cautioned that it's too late to perform radical surgery on the Hague Convention, which has been under discussion since 1992 and was tentatively adopted by the 49 member nations of the Hague Convention in June 1999.
www.wired.com /news/politics/0,1283,43820,00.html   (733 words)

  
 The Hague Convention on ... International Child Abduction   (Site not responding. Last check: 2007-11-07)
The Hague Convention on the Civil Aspects of International Child Abduction
Child custody jurisdiction disputes between U.S. states and non-ratifying countries are governed by the Uniform Child Custody Jurisdiction Act or Uniform Child Custody Jurisdiction and Enforcement Act of the U.S. state in question, which also is relevant even to Hague-ratifying countries once there are no further Hague Convention questions to be decided.
Find out at http://snurl.com/hcmembers or, for specific information on whether the Hague Convention is in effect between the U.S. and a particular country, at http://snurl.com/HClist
patriot.net /~crouch/hague.html   (99 words)

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