International Family Law

Introduction

International Family Law - Research Guide International Law

International Family Law describes all family law matters with an international element. People are residing internationally and experiencing international relationships more frequently. The closest link to determine which national family law rules are applicable to specific family matters is the residence (domicilie) of the parties concerned. Family matters include marriage, divorce, maintenance obligations, spouses, inter-country adoption, lineage, inheritance etc.

This Research Guide is intended as a starting point for research on International Family Law. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 277. Family Law: General Works and subject heading (keyword) Family Law are instrumental for searching through the Catalogue.
Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

Reference works

Books

Leading articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. al-Qānūn al-wāǧib al-taṭbīq ʿalā al-waṣiyya
al-Qānūn al-wāǧib al-taṭbīq ʿalā al-waṣiyya : dirāsa muqārina / Ḵiḍr Ḥāmid ʿAlī. - al-Iskandariyya : Munšaʾat al-Maʿārif, 2013. - 140 pages. ; 25 cm With notes. - 2013
Keywords: Arab States, Iraq, Conflict of laws, Private international law, Law of succession, Wills, Islamic law,

2. Die kollisionsrechtliche Behandlung der einvernehmlichen Scheidung
Die kollisionsrechtliche Behandlung der einvernehmlichen Scheidung / Reinhard Huter In: Zeitschrift für Rechtsvergleichung, internationales Privatrecht und Europarecht = ISSN 0514-275X: vol. 55, issue 4, page 167-182. - 2014
Keywords: Austria, Marriage, Divorce and judicial separation, Marital property, Private international law,

3. Hey Uncle Sam!
Hey Uncle Sam! : Maybe It's Time to Stop Condoning Child Abductions to Mexico / Antoinette A. Newberry Wood In: Georgia Journal of International and Comparative Law = ISSN 0046-578X: vol. 42, issue 1, page 217-245. - 2013
Keywords: Mexico, United States of America, Children, Abduction, Convention on the Civil Aspects of International Child Abduction (The Hague, 25 October 1980), International law and domestic law,

4. Die vorsorgende Wahl des Scheidungsstatuts nach der Rom III-VO
Die vorsorgende Wahl des Scheidungsstatuts nach der Rom III-VO / Christian Schall, Johannes Weber In: IPRax : Praxis des Internationalen Privat und Verfahrensrecht = ISSN 0720-6585: vol. 34, issue 5 (sep-oct), page 381-380. - 2014
Keywords: European Union, Regulation (EC) No 1259/2010 of the Council of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III), Divorce and judicial separation, Choice of law, European private law, Private international law,

Librarian's choice

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  • Barrière-Brousse, I. and M. Douchy-Oudot (eds.), Les Contentieux Familiaux : Droit Interne, International et Européen, Paris, Lextenso, 2013.

    Les impératifs économiques, sociaux, culturels conduisent à une plus grande mobilité des personnes dans l’espace et avec elle se multiplient les situations familiales comportant un élément d’extranéité menant dans l’application de la règle à une superposition des ordres juridiques. Les familles constituées sont soumises, elles aussi, au changement, avec la question centrale de l’enfant. Couples, filiation, autorité parentale, respon sabilités en lien avec l’enfant, divorce, désunions, aliments, régimes matrimoniaux, successions, sont autant d’éléments soumis aux fluctuations de la vie affective des personnes. La famille se retrouve dans les contentieux aussi diversifiée que la dislocation du modèle familial traditionnel. Les juristes se mobilisent : magistrats, avocats, huissiers de justice, notaires, autant de professions en contact direct avec les litiges propres à la matière familiale, et réunies dans cet ouvrage.

    Les impératifs économiques, sociaux, culturels conduisent à une plus grande mobilité des personnes dans l’espace et avec elle se multiplient les situations familiales comportant un élément d’extranéité menant dans l’application de la règle à une superposition des ordres juridiques. Les familles constituées sont soumises, elles aussi, au changement, avec la question centrale de l’enfant. Couples, filiation, autorité parentale, respon sabilités en lien avec l’enfant, divorce, désunions, aliments, régimes matrimoniaux, successions, sont autant d’éléments soumis aux fluctuations de la vie affective des personnes. La famille se retrouve dans les contentieux aussi diversifiée que la dislocation du modèle familial traditionnel. Les juristes se mobilisent : magistrats, avocats, huissiers de justice, notaires, autant de professions en contact direct avec les litiges propres à la matière familiale, et réunies dans cet ouvrage.

     

     

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  • Barnes, M., et al., International Child Maintenance and Family Obligations: A Practical Guide,Bristol,Family Law, 2013.

    The growth in international mobility means that there are now significantly more child and spousal maintenance cases which include an international element. Enhanced inter-country cooperation in the processing of such applications has resulted in more effective recovery of maintenance, so that practitioners and legal advisors need to have a good grasp of the various rules and regulations in respect of jurisdiction and reciprocal enforcement in this increasingly relevant and complex area.

This book provides straightforward guidance to the law and procedures that govern applications for new orders and enforcement of existing orders to and from abroad. An overview is provided for all available applications under domestic law, in addition to procedural guides and analysis of international law (including the EU Council Maintenance Regulation 4/2009 and the implementation of the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance). The summary of enforcement procedure will equally assist legal advisors at family proceedings courts and practitioners instructed to deal with financial orders and provide advice on reciprocal enforcement.

A comprehensive review of the new statutory regime for claims through the Child Support Agency is also provided, so that clients can be advised about the new “gross income” scheme and how decisions interact with international law.

    The growth in international mobility means that there are now significantly more child and spousal maintenance cases which include an international element. Enhanced inter-country cooperation in the processing of such applications has resulted in more effective recovery of maintenance, so that practitioners and legal advisors need to have a good grasp of the various rules and regulations in respect of jurisdiction and reciprocal enforcement in this increasingly relevant and complex area.

    This book provides straightforward guidance to the law and procedures that govern applications for new orders and enforcement of existing orders to and from abroad. An overview is provided for all available applications under domestic law, in addition to procedural guides and analysis of international law (including the EU Council Maintenance Regulation 4/2009 and the implementation of the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance). The summary of enforcement procedure will equally assist legal advisors at family proceedings courts and practitioners instructed to deal with financial orders and provide advice on reciprocal enforcement.

    A comprehensive review of the new statutory regime for claims through the Child Support Agency is also provided, so that clients can be advised about the new “gross income” scheme and how decisions interact with international law.

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  • Barnes, M. and D. Hammond, International Child Maintenance and Family Obligations : a Practical Guide, Bristol, Family Law, 2013

    International Child Maintenance and Family Obligations : a Practical Guide
    The increase in international mobility means that there are now significantly more child maintenance cases which include an international element. Enhanced inter-country cooperation in the processing of such applications has resulted in more effective recovery of maintenance, so that practitioners and legal advisors need to have a good grasp of the various rules and regulations in respect to jurisdiction and reciprocal enforcement in this increasingly relevant and complex area. This book provides straightforward guidance to the law and procedures that govern applications for new orders and enforcement of existing orders to and from abroad. An overview of domestic legislation, procedure, analysis of international law (including the EU Council Maintenance Regulation 4/2009 and the implementation of the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance), and summary of enforcement procedure will equally assist legal advisors at family proceedings courts and practitioners instructed to deal with financial orders and provide advice on reciprocal enforcement.
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  • Estin, A.L., International Family Law Desk Book, Chicago, IL, American Bar Association, 2012.

    Estin, A.L., International Family Law Desk Book, Chicago, IL, American Bar Association, 2012.

    International family law has emerged as an important subject in its own right and has become part of the everyday work of family court judges and family law practitioners across the country. International family law presents many puzzles, especially in the United States. This book takes a broad approach to the subject, bringing together the law applicable to a wide range of cross-border family issues. Designed to serve as a compact and useful resource and reference tool, the chapters that follow address marriage, divorce, the financial aspects of divorce, parentage and parental rights, custody and child abduction litigation, child support and intercountry adoption. Each chapter builds on the foundation established by treaties and uniform acts, and incorporates case law, the Restatements, and important secondary sources whenever possible. The book includes extensive discussion of the international treaties that have come to form the basis for reciprocal relationships between the United States and more than 85 other nations, but it focuses on the law applied to these transnational family issues in the United States. Although written primarily for U.S. practitioners, it will hopefully also be of use to foreign lawyers and judges with an interest in understanding the U.S. system.

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  • Pagano, E., Diritto Internazionale Privato: Parte Generale e Diritto di Famiglia, Napoli, Ed. Scientifica, 2012.

    Pagano, E., Diritto Internazionale Privato: Parte Generale e Diritto di Famiglia, Napoli, Ed. Scientifica, 2012.View this title in our link resolver Plinklet
  • Voorhoeve, M. (ed.), Family Law in Islam: Divorce, Marriage and Women in the Muslim World, London, Tauris, 2012.

    Voorhoeve, M. (ed.), Family Law in Islam: Divorce, Marriage and Women in the Muslim World, London, Tauris, 2012.

    In both the West and throughout the Muslim world, Islamic family law is a highly – and hotly – debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj ‘urfi), and from divorce with mutual agreement (khul’), to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families, and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics, and Society in the Middle East and North Africa.

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  • Boele-Woelki, K. and A. Fuchs (eds.), Legal Recognition of Same-Sex Relationships in Europe: National, Cross-border and European Perspectives, Cambridge, Intersentia, 2012.

    Boele-Woelki, K. and A. Fuchs (eds.), Legal Recognition of Same-Sex Relationships in Europe: National, Cross-border and European Perspectives, Cambridge, Intersentia, 2012.

    In the last 20 years, the legal recognition of same-sex relationships in Europe has undergone significant changes, both on a national and European level. By now, more than half of the Member States of the European Union have introduced legislation on the formalization of same-sex relationships. Most of them have provided for registered partnerships and some allow homosexual couples to enter into marriage. This second edition provides an updated overview of registration schemes and same-sex marriages in Europe. It also comments on the legal aspects of same-sex couples and their children (including surrogate motherhood) in different European jurisdictions, and it addresses cross-border and European issues. (Series: European Family Law – Vol. 32)

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  • Verbeke, A.L. (et al.) (eds.), Confronting the Frontiers of Family and Succession Law: Liber Amicorum Walter Pintens, Cambridge, Intersentia, 2012.

    Verbeke, A.L. (et al.) (eds.), Confronting the Frontiers of Family and Succession Law: Liber Amicorum Walter Pintens, Cambridge, Intersentia, 2012.

    On the occasion of his retirement, Professor Dr. Walter Pintens’ many friends and colleagues in Belgium and from around the globe are presenting him with a Liber Amicorum entitled Confronting the Frontiers of Family and Succession Law. It reflects the broad academic and social range of Prof. Pintens’ activities as one of the truly outstanding legal academics of his generation. This two volume liber amicorum comprises articles on family and succession law written by international leading academics and practitioners. The articles are written around the following topics: Names; Regulating Relationships; Marriage and Divorce; Matrimonial Property and Maintenance; Marital Agreements and Autonomy; Children and Family; Freedom of Testation, Donation inter v ivos and Succession Law; Private International Law; Harmonisation and Europeanisation.

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  • Sörgjerd, C., Reconstructing Marriage: The Legal Status of Relationships in a Changing Society, Cambridge, Intersentia, 2012.

    Sörgjerd, C., Reconstructing Marriage: The Legal Status of Relationships in a Changing Society, Cambridge, Intersentia, 2012.

    This book explores the essence of the institution of marriage: what is the meaning of marriage today, how has marriage been influenced by the legal recognition of new cohabitation models, and what should be the role of the institution of marriage in the future? In order to understand what marriage actually is in the 21st century, it is necessary to identify and analyze the formalities and function of marriage in society. With a focus on Sweden, the book examines the historical development of marriage – beginning as a ‘gift from God’ and now being a gender-neutral institution – from a legal and political perspective and taking into account the past and present role of the Church of Sweden. The book then makes comparative assessments concerning the legal and political developments leading toward the adoption of gender-neutral marriage concepts in the Netherlands and Spain despite different societal backgrounds. In addition, the significance of the marital status under European Union law is explored, under the Charter of Fundamental Rights of the European Union and in the jurisprudence of the European Court of Justice. Also, the relevant decisions based on the European Convention of Human Rights, as interpreted by the European Court of Human Rights, are examined. The book discovers that the key role that the institution of marriage has played in the past still influences the essence of marriage today and charges it with a special symbolic value.

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  • International Family Law : An Introduction

    International Family LawBarbara Stark, 2005
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  • A Practical Guide to International Family Law

    A Practical Guide to International Family LawDavid Hodson, 2008
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  • Private International Family Law

    anderson kingstonWinston Anderson, 2005
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Database

Blogs

  • The Special Commission on the implementation of the 2007 Child Support Convention and of the Protocol on Applicable Law

    From 10 to 17 November a Special Commission of the Conference on Private International Law (hereafter HCCH) on the implementation of the 2007 Child Support Convention and of the Protocol on Applicable Law will meet at the Peace Palace in The Hague. The Special Commission of the HCCH will discuss the implementation of the 2007 Child Support Convention and of the Protocol on Applicable Law. The new Convention aims to resolve the problems of unpaid or uncollectible child support and the problems of costly, complicated, slow and under-utilized international procedures. It will provide for a simplified procedure to recover child support internationally.

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  • Cultural Diversity

    On Monday the 17th of August 2009 the Centre for Studies and Research in International Law and International Relations of the Hague Academy of International Law started. The Centre takes place annually at the Academy and Library building of the Peace Palace. The purpose of the Centre is to bring together advanced young scholars of [...]

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  • Lesbians v. Lesbians

    Who is a true Lesbian?
    Inhabitants of the Greek Isle of Lesbos started a trial in Athens to ban the Greek Gay and Lesbian Union (OLKE) from using the word “Lesbian”. According to the Lesbos residents the term “lesbian” causes psychological distress to the islanders, as it is a world lesbian centre in a rather conservative environment. Same-sex marriage is still a difficult issue. The decision can have worldwide effects, if the name may be used only for the people of Lesbos, with a copyright not to use it publicly in print. What about the other “Lesbians”?
    Perhaps Sappho, the poetess, who lived around 630 BC on the island, and whose poems caused all these problems, was not a lesbian after all?

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See also

More Research guides on Private International Law

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