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Enabling power: European Union (Withdrawal) Act 2018, s. 8 (1), sch. 7, para. 21 (b). Issued: 07.11.2018. Sifted: 16.10.2018. Made: 30.10.2018. Laid: 01.11.2018. Coming into force: In accord. with reg. 1. Effect: 1958 c.39; 1966 c.35; 1970 c.31; 1971 c.32; 1982 c.27; 1987 c.18; 1992 c.5, c.8; 2012 c.10; 2002 asp 17; 2007 asp 3; S.I. 1981/1675 (NI.26); 1986/359; 2009/1109; 2010/2955; 2012/2814; 2013/480, 512; SSI. 2002/494; 2012//301; S.R. 2012/413 modfied/amended in accord. with regs 8. 9. Territorial extent & classification: E/W/S/NI. General. EC note: Council Decisions 2011/220/EU; 2011/432/EU amended
The Law Library presents the complete text of the Hague Convention on International Recovery of Child Support and Family Maintenance (United States Treaty) Updated as of 01/07/19 This ebook contains: - The complete text of the Hague Convention on International Recovery of Child Support and Family Maintenance (United States Treaty) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
No one would dispute that the duty to provide for those that you have a legal and moral obligation to support is very important. With the movement and migration of people both within Europe and globally, there are more and more families and relations who live in different States. Therefore it is imperative that suitable and workable methods exist to create maintenance obligations and then secure the transfer of funds, particularly from abroad. In the book the provisions in EU Maintenance Regulation no 4/2009 and the Hague Maintenance Convention of 2007 are analysed in order to discover what developments and therefore potential improvements have been made in relation to the recovery of maintenance from abroad. The book also includes an empirical study on the first year of operation of the Maintenance Regulation. Data collected has been analysed in order to supplement the critique of the instruments. The information and analysis is used to suggest suitable solutions for the future, which include amendments to the Regulation and recommendations for best practice.
This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.
Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.
This article explores, through American eyes, the choice of law rules associated with the child support aspects of the proposed Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. It considers the role these rules play in capturing the ldquo;constructrdquo; that is the ldquo;familyrdquo; for the purposes of child support by implicitly determining who is an acceptable claimant and who is an appropriate obligor. In addition, the rules determine which jurisdiction's law will establish the amount of support and thus, implicitly, they determine which jurisdiction sets the standards for family ldquo;performancerdquo;. American constitutional law demands a connection between the individual to be burdened and the jurisdiction imposing that burden. The proposed rules seem designed to take this into account, but doing so requires the scheme to abandon a preference for relying on the law of the creditor's habitual residence. American child support proceedings use pre-established guidelines to determine the amount of any child support award. These guidelines, which are premised on economic conditions in the individual states, are not suited to dealing with international disputes. The cases suggest that American courts are reluctant to abandon the efficiency of the guidelines in favor of detailed fact based analysis, even if the result is an ldquo;inappropriaterdquo; order - certainty comes at a price.