No CrossRef data available.
Article contents
Case Concerning the Application of the Convention of 1902 Governing the Guardianship of Infants. (Netherlands v. Sweden.)
Published online by Cambridge University Press: 01 January 2021
Abstract
International law — Sources of — General principles of law — “Public policy” as a general principle — Relevance to interpretation of treaties — Hague Convention of 1902 on Guardianship of Infants.
Treaties — Operation of — Reservations and exceptions — Implied terms — Reservation of public policy — Relevance to conventions on private international law — Whether international tribunal entitled to review application of municipal public policy — Relevance of reasonableness and good faith — Obligations of parties in relation to burden of proof — Hague Convention of 1902 on Guardianship of Infants.
Treaties — Conclusion and operation of — Relation to municipal law — Effect of inconsistent municipal legislation — Whether treaty violated — Relevance of alleged difference of subject matter — Whether guardianship distinguishable from protective upbringing — Hague Convention of 1902 on Guardianship of Infants.
Treaties — Interpretation of — Principles and rules of — Intention — Purpose of Convention — Whether construction permissible which leads to impossibility — Relevance of social purpose of Convention — Relevance of practice of Parties — Hague Convention of 1902 on Guardianship of Infants.
Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Conclusions of parties — Legal effect of — Hague Convention of 1902 on Guardianship of Infants.
Disputes — International Court of Justice — Contentious jurisdiction — Law applicable — Municipal law as determining content of public policy — Right of Court to examine — Hague Convention of 1902 on Guardianship of Infants.
Treaties — Special kinds of — Private international law — Hague Convention of 1902 on Guardianship of Infants — Interpretation of — Whether Convention subject to an implied exception of ordre public — Relationship between Convention and municipal law of the parties — Law of guardianship — Nature of Swedish law on protective upbringing.
Keywords
- Type
- Case Report
- Information
- Copyright
- © Cambridge University Press 1963