Prof. Schuz – Disparity and the Quest for Uniformity in Implementing the Hague Child Abduction Convention

The Hague Convention on the Civil Aspects of International Child Abduction (“Abduction Convention”) 1980 came into force in December 1983. A central objective of the conventions concluded under the auspices of the Hague Conference on Private International Law is to harmonize the law governing topics involving international elements. The more widely ratified the Convention, the greater the extent to which this objective appears to be realized. In this respect, the Abduction Convention can perhaps be seen as the most successful of all the Hague Conventions, with 92 Member States (as of April 2014). However, true harmonization also requires uniformity in interpretation and implementation of the Convention .

This lecture will discuss some of the disparities in the way in which the Abduction Convention has been applied in different Members States over the last thirty years; consider possible reasons for those disparities and make suggestions as to how to promote greater uniformity.

The lecture will concentrate on the differing interpretations given to key concepts in the Convention by courts in different jurisdictions and different approaches to the applicability of the exceptions in frequently recurring fact situations, but reference will also be made to institutional and procedural discrepancies.