Symposium
Celebrating Twenty Years: The Past and Promise of the 1980 Hague Convention on the Civil Aspects of International Child Abduction
February 25, 2000
The Journal of International Law and Politics symposium, scheduled for Friday, February 25, 2000 in New York, New York, will focus on the international aspects of family law and the use of national organizations and multinational agreements to solve problems regarding the determination of the proper forum for child custody adjudication. The enforcement of judgments and the exertion of jurisdiction over individuals are central to every legal order. States are increasingly turning to international agreements to regulate these issues and to solve the problems which arise subsequently. The United States has recently displayed a new willingness to become a party to international agreements governing family affairs. The drafters presented the Hague Convention on the Civil Aspects of International Child Abduction (19 I.L.M. 1501) for signature in 1980. The United States ratified the treaty and enacted the implementing legislation, the International Child Abduction Remedies Act (42 U.S.C.A. §§ 11601-11610), in 1988.
Spring 2000 marks the twentieth anniversary of the Hague Convention and presents the optimal time for a retrospective of its successes and failures as well as a discussion of its future. The Convention is often cited as an example of an international treaty that achieved its goals and has repeatedly been used as a model for other conventions. We propose three panels to be held over the course of one day. The first panel will discuss the origins of the Convention, its construction, and its object and purpose. Panelists will focus on the history of the Convention and the intentions of the drafters as well as how the drafters incorporated the goals of the Convention into its terminology and structure.
The second panel will engage in a comparative analysis of the success of the Convention in several key countries. Which countries will be highlighted is contingent upon which panelists accept our invitation to speak. This panel would provide a unique opportunity to compare the various Central Authorities and implementation systems in each individual country. It is hoped this panel will spark a frank exchange of ideas regarding the best methods of implementation of the Convention. The third panel will focus on the future of the Convention. Panelists will discuss the recent wave of constitutional challenges to the Convention as well as other institutional obstacles the Convention faces in the form of domestic laws and procedures. In addition, panelists will be invited to reflect upon the impact of other international instruments such as the United Nation’s Convention on the Rights of the Child (28 I.L.M. 1448) and 1996 Hague Convention in Respect of Parental Responsibility and Measures for the Protection of Children (35 I.L.M. 1391). Ironically, the complexities of family law in the international arena will only continue to grow as nations come to more agreement as to its governance.