New York University Public Law and Legal Theory Working Papers

Document Type

Article

Abstract

The Hague Convention on the Civil Aspects of International Child Abduction, like many multilateral conventions, has no supra-national institution to resolve controversies that arise with respect to interpretation of the Convention. As a result, interpretation of the treaty--an aspect of International law--is left to national judges in the national courts. In the context of the Abduction Convention, which establishes a mechanism for cooperation among countries to deter and remedy parental abduction internationally, Professor Silberman argues that the need for uniformity of interpretation is critical and she proposes a variety of tools for achieving such uniformity. She stresses the need for the acceptance of "autonomous concepts" divorced from national law as an approach to interpretation, the desirability of looking to foreign precedents in attempting to develop a global jurisprudence, and an increased and more robust role for the Hague Conference itself with respect to these issues of interpretation.

Date of Authorship for this Version

February 2006

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