United States Supreme Court Hague Abduction Decisions: Developing a Global Jurisprudence
Journal of Comparative Law, Vol. 9 Issue 1, 2014
18 Pages Posted: 31 Jul 2014 Last revised: 3 Oct 2014
Date Written: July 31, 2014
In this article, Professor Silberman analyzes the three Supreme Court cases interpreting the 1980 Hague Convention on the Civil Aspects of International Child Abduction: Abbott v. Abbott, 560 U.S. 1 (2010); Chafin v. Chafin, 133 S.Ct. 1017 (2012); and Lozano v. Montoya Alvarez, 134 S.Ct. 1224 (2014). In addition to discussing each of the cases, Professor Silberman applauds the Court for helping to develop a global jurisprudence for the interpretation of this international treaty. She identifies mechanisms adopted by the Court in furtherance of that objective. She notes the Court’s focus on the object and purpose of the Convention as well as the travaux préparatoires and Explanatory Report. She finds the Court’s recognition of certain “autonomous concepts” in the Convention and the attempt to identify shared principles of interpretation in the decisions of foreign courts as significant steps in creating this global jurisprudence. She hopes the Court’s approach will serve as a model for other national courts in their own interpretations of the Abduction Convention.
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