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Topic: Second Hague Convention


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 Friedrich v. Friedrich   (Site not responding. Last check: 2007-10-22)
Hague Convention on the Civil Aspects of International Child Abduction is generally intended to restore pre-abduction status quo and to deter parents from crossing borders in search of more sympathetic court.
Under Hague Convention on the Civil Aspects of International Child Abduction, exception to return of wrongfully removed child for grave harm to the child is not license for court in abducted-to country to speculate on where child would be happiest; that decision is custody matter, and reserved to court in country of habitual residence.
Second, there is a grave risk of harm in cases of serious abuse or neglect, or extraordinary emotional dependence, when the court in the country of habitual residence, for whatever reason, may be incapable or unwilling to give the child adequate protection.
home.earthlink.net /~vatirhea/research/fvf.shtml   (5101 words)

  
 Hague Convention
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   (385 words)

  
 UNODC - Convention for the Suppression of Unlawful Seizure of Ai
This Convention shall apply only if the place of take-off or the place of actual landing of the aircraft on board which the offence is committed is situated outside the territory of the State of registration of that aircraft; it shall be immaterial whether the aircraft is engaged in an international or domestic flight.
In the cases mentioned in Article 5, this Convention shall not apply if the place of take-off and the place of actual landing of the aircraft on board which the offence is committed are situated within the territory of the same State where that State is one of those referred to in that Article.
This Convention shall be open for signature at The Hague on 16 December 1970, by States participating in the International Conference on Air Law held at The Hague from 1 to 16 December 1970 (hereinafter referred to as The Hague Conference).
www.unodc.org /unodc/terrorism_convention_aircraft_seizure.html   (1878 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.
The Convention of 1899 remains in force as between the Powers which signed it, and which do not also ratify the present Convention.
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)

  
 Second Geneva Convention - Wikipedia, the free encyclopedia
The Second Geneva Convention of 1906 extended the principles from the First Geneva Convention of 1864 on the treatment of battlefield casualties, to apply also to war at sea.
This article is a commentary, for the full text; see Wikisource:Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949.
Fourth Geneva Convention of 1949 on the treatment of civilians during wartime
en.wikipedia.org /wiki/Second_Geneva_Convention   (157 words)

  
 Final Act of the Second Peace Conference, The Hague, 18 October 1907.
Convention respecting the limitation of the employment of force for the recovery of contract debts.
Convention for the adaptation to naval war of the principles of the Geneva Convention.
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 to all the Powers represented at the Conference.
www1.umn.edu /humanrts/instree/1907a.htm   (547 words)

  
 [No title]
Second, the Hague Convention is generally intended to restore the pre-abduction status quo and to deter parents from crossing borders in search of a more sympathetic court.
II The removal of a child from the country of its habitual residence is"wrongful" under the Hague Convention if a person in that country is, or would otherwise be, exercising custody rights to the child under that country's law at the moment of removal.
The aim of the Convention is to secure prompt return of the child to the correct jurisdiction, and any unnecessary delay renders the subsequent return more difficult for the child, and subsequent adjudication more difficult for the foreign court.
www.hiltonhouse.com /cases/Friedrich_fed_appl2.txt   (4441 words)

  
 States party to the main treaties
Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 26 March 1999.
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects.
Amendment to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with Protocols I, II and III), Geneva 21 December 2001.
www.icrc.org /eng/party_ccw   (627 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)

  
 HCCH | Full text
Where Parties to the present Convention are also Parties to one or both of the Conventions on civil procedure signed at The Hague on 17th July 1905, and on 1st March 1954, this Convention shall replace as between them Articles 1 to 7 of the earlier Conventions.
The present Convention shall not affect the application of Article 23 of the Convention on civil procedure signed at The Hague on 17th July 1905, or of Article 24 of the Convention on civil procedure signed at The Hague on 1st March 1954.
Supplementary agreements between Parties to the Conventions of 1905 and 1954 shall be considered as equally applicable to the present Convention, unless the Parties have otherwise agreed.
hcch.e-vision.nl /index_en.php?act=conventions.text&cid=17   (2944 words)

  
 Hague Convention --  Encyclopædia Britannica
The 12 nations and EU signatories to the Ospar Convention (formerly the Oslo and Paris commissions) convened at an April 14 meeting in The Hague.
Convention supplementary to the Paris Convention of July 29, 1960, on third-party liability in the field of nuclear energy.
E-text of this convention, for the amelioration of the condition of the wounded and sick in armed forces in the field, approved by the participating countries in 1949.
www.britannica.com /eb/article-9038788?tocId=9038788   (807 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)

  
 CCC - "Illegal Combatants" and the Law of Armed Conflict   (Site not responding. Last check: 2007-10-22)
Several delegates to the Hague Peace Conference of 1899 insisted that a willingness to risk one's life for one's country was a supreme expression of civic duty, which should not be suppressed in the interest of military efficiency.
The Hague Convention of 1899 incorporated Lieber's distinction between self-defense and continued resistance to occupation.
The Second Hague Convention of 1907 remains the most authoritative statement on combatant status in war, despite many subsequent efforts to expand on it.
www.ccc.nps.navy.mil /rsepResources/si/aug02/law.asp   (2216 words)

  
 Third Geneva Convention   (Site not responding. Last check: 2007-10-22)
It was officially adopted in 1929 as an extension to the rights guaranteed by the Hague Convention of 1907.
It was revised in 1949, with the modified form adopted on August 12, 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from April 21 to August 12, 1949, and entered into force on October 21 1950.
Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field.
www.worldhistory.com /wiki/T/Third-Geneva-Convention.htm   (1495 words)

  
 LEGAL OPINION ON COMFORT WOMEN - PART II
Compensation for Japan's World War II War-Rape Victims at the time of the drafting of the Hague Convention this phrase had come to mean prohibition against all acts effecting the dignity of women, including quite clearly rape, other forms of torture, murder and forced prostitution.
11, 1970, 754 U.N.T.S. 73; The Geneva Conventions I - IV of 1949, 75 U.N.T.S. 31, 85, 135, and 267.
They are also entitled to compensation because the Hague Convention mandates compensation for these crimes, and because contemporary international norms for judicial processes requires an effective remedy in competent tribunals for violations of these plaintiffs rights.
www.webcom.com /hrin/parker/j-cw-af2.html   (2338 words)

  
 Hague Conference on the Recognition of Divorces: Legal Language Services
The Convention does not apply to findings of fault or to ancillary orders pronounced on the making of a decree of divorce or legal separation; in particular, it does not apply to orders relating to pecuniary obligations or to the custody of children.
This Convention shall not affect the operation of other conventions to which one or several Contracting States are or may in the future become Parties and which contain provisions relating to the subject-matter of this Convention.
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/haguetx18e.html   (2946 words)

  
 The Avalon Project - Laws of War : Rights and Duties of Neutral Powers and Persons in Case of War on Land (Hague V); ...
In the absence of a special convention to the contrary, the neutral Power shall supply the interned with the food, clothing, and relief required by humanity.
The Geneva Convention applies to sick and wounded interned in neutral territory.
The provisions of the present Convention do not apply except between Contracting Powers and then only if all the belligerents are Parties to the Convention.
www.yale.edu /lawweb/avalon/lawofwar/hague05.htm   (1511 words)

  
 Shearer | Rules of Conduct During Humanitarian Interventions
An egregious example is the "general participation clause" of the Hague Conventions of 1907, according to which the provisions of the Conventions did not apply to any of the belligerents unless all of them were parties to the Conventions.
The Hague Conventions are silent on the point, assuming that their application to "war" was objectively ascertainable by reason of a declaration to that effect by one or more parties.
This Convention shall not apply to a United Nations operation authorized by the Security Council as en enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies.
www.unc.edu /depts/diplomat/archives_roll/2001_07-09/hum_intervention/hum_06_shearer.html   (3753 words)

  
 Hague Convention-Preamble   (Site not responding. Last check: 2007-10-22)
Convention for the Protection of Cultural Property in the Event of Armed Conflict
Guided by the principles concerning the protection of cultural property during armed conflict, as established in the Conventions of The Hague of 1899 and of 1907 and in the Washington Pact of 15 April, 1935;
Second Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
www.unesco.org /culture/laws/hague/html_eng/page1.shtml   (226 words)

  
 ILRG: Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed ...
ILRG: Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict The Hague, 26 March 1999
It was drafted against the background of the Second World War at a time when it was still considered inevitable that entire cities would be attacked.
It appeared self-evident that any improvement of the 1954 Convention should reflect this modern approach: cultural property is civilian property and it should not be attacked unless when it becomes a military objective.
www.ilrg.com /subject/lawofwar/9proto-culturalproperty.html   (574 words)

  
 The 1954 Hague Convention
The 1907 Hague Convention IV, The Hague Convention IX on naval bombardment, the Roerich Pact (which is unique to the Americas, and has now been supplanted by the 1954 Hague Cultural Property Convention).
The second is one that we've been using on most of our treaties, that if a commander makes a decision and it turns out to be a wrong one, he is judged on the basis of the information reasonably available to him at the time, not on what we've learned in hindsight.
PARKS: The Hague, itself, the attempts at amendments of the Hague Convention, are trying to say that there will be a special committee that will make the determination as to the cultural value of special cultural property, that it doesn't have to go to the entire membership.
www.kakarigi.net /manu/ceip4.htm   (5131 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   (4683 words)

  
 International Humanitarian Law - Second 1949 Geneva Convention
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.
For it is obvious that the undertaking given by the Powers to protect medical establishments on land, under the First Convention, is general and absolute in character and applies as much to artillery of the naval forces as to that of the land forces or aircraft.
In the same way, the Second Convention undoubtedly protects hospital ships against all attacks, whether from sea, land or air (1).
www.helpicrc.org /ihl.nsf/1a13044f3bbb5b8ec12563fb0066f226/948856de0fd5e90dc12563cd00423d51?OpenDocument   (465 words)

  
 Countries Ignore Hague Convention   (Site not responding. Last check: 2007-10-22)
Meanwhile, parents continue to engage in a war of words with countries reluctant to follow the Hague Convention, a multilateral agreement designed to return abducted children to their custodial parent.
After reviewing the report, Compliance with the Hague Convention on the Civil Aspects of International Child Abduction, Gilman slammed the State Department for the callous way in which it classified cases as “resolved,” and in particular for moving abusing countries, including Germany and Sweden, from the noncompliant category to partially compliant.
The Hague report comes on the heels of the second International Forum on Parental Child Abduction hosted in Alexandria, Va., by the National Center for Missing and Exploited Children to address shortcomings of countries party to the Hague Convention.
home.earthlink.net /~vatirhea/research/insight01.shtml   (1093 words)

  
 The Hague Convention on the Protection of Cultural Property in the event of armed conflict
The International Committee of the Blue Shield (ICBS) welcomes the entry into force, on 9 March 2004, of the 1999 Second Protocol to the to the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict.
It also establishes an Intergovernmental Committee responsible mainly for supervising the implementation of the Convention and the Second Protocol, and an International Fund for the Protection of Cultural Heritage.
It is not retrospective, and it does not bind those states that have not adopted it by ratification or accession.
www.ifla.org /VI/4/admin/hague-convention.htm   (259 words)

  
 On Reasonableness in International Commercial Law
The majority of doctrine seems quite satisfied with this flexible concept allowing them as well as judges in their mission of arbitrator of international commercial law to judge pacifically many cases.
Some well-known specialists of comparative law applaud the doctrinal efforts on this key convention, since it regulates the sale that is the most common contract in international commercial law.
The study of all provisions referring to the 'reasonableness' in the Vienna Convention, in the UNIDROIT principles as well as other drafts of Restatements shows a worrying frequent use of the 'reasonableness' as a standard, in a so called spirit of originality, that leaves the interpreter with an uncontrolled autonomy.
www.cisg.law.pace.edu /cisg/biblio/reason-summary.html   (678 words)

  
 International Parental Child Abduction   (Site not responding. Last check: 2007-10-22)
The Hague Convention on International Child Abduction has improved the likelihood and speed of return of abducted or wrongfully retained children from countries that are party to the Convention.
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 /Publications/int'lchildabduction.html   (12594 words)

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