Hostname: page-component-586b7cd67f-t8hqh Total loading time: 0 Render date: 2024-11-26T23:41:50.050Z Has data issue: false hasContentIssue false

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

Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)