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Case Concerning the Application of the Convention of 1902 Governing the Guardianship of Infants. (Netherlands v. Sweden.)

International Court of Justice.  28 November 1958 .

Published online by Cambridge University Press:  01 January 2021

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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.

Type
Case Report
Copyright
© Cambridge University Press 1963

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