United States Supreme Court Hague Abduction Decisions: Developing a Global Jurisprudence

Journal of Comparative Law, Vol. 9 Issue 1, 2014

NYU School of Law, Public Law Research Paper No. 14-27

18 Pages Posted: 31 Jul 2014 Last revised: 3 Oct 2014

See all articles by Linda Silberman

Linda Silberman

New York University School of Law

Date Written: July 31, 2014

Abstract

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.

Suggested Citation

Silberman, Linda, United States Supreme Court Hague Abduction Decisions: Developing a Global Jurisprudence (July 31, 2014). Journal of Comparative Law, Vol. 9 Issue 1, 2014; NYU School of Law, Public Law Research Paper No. 14-27. Available at SSRN: https://ssrn.com/abstract=2474822

Linda Silberman (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6204 (Phone)
212-995-4341 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
208
rank
142,268
Abstract Views
1,031
PlumX Metrics