Private International Law and Children’s Rights Law

Conflicts in International Child Abduction Cases
Assesses the application of the current private international law framework protecting against child abduction.

How do private international law and childrens rights law interactand conflictin international child abduction cases?

This book examines the relationship between two legal fields when courts decide on cross-border child abduction. While private international law prioritises the childs prompt return and applies the best interests principle in abstracto, childrens rights law demands an in concreto, individualised assessment of the childs best interests. These differing approaches can lead to legal friction in practice.

Through a detailed analysis of legal instruments and supranational case law, the book explores how these conflicts arise and how they might be resolved. Using the theoretical lens of international laws diversification and expansion, it ide