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Children’s rights law and private international law in family matters: what do referencing patterns reveal about their relationship?

Boekbijdrage - Hoofdstuk

This chapter aims to uncover the relationship between children’s rights law and private international law in international child abduction cases. The relation between both domains is first analyzed against the background of the theory of fragmentation. This shows that the domains are substantively and institutionally fragmented. While fragmentation need not be a bad thing, it is important that it does not lead to domains de-linked from each other. One way in which such a link between domains can be ensured is by establishing an explicit dialogue between them. In parts three and four of this chapter, referencing patterns between the domains’ instruments and actors are examined to uncover whether there is such a link based on dialogue. The analysis of these referencing patterns will show that there are indeed various links between the two domains on the level of both their instruments and actors.
Boek: Blurry boundaries of public and private international law - Towards convergence or divergent still? / Sooksripaisarnkit, P. [edit.]; Prasad, D. [edit.]
Pagina's: 239 - 257
ISBN:978-981-16-8479-1
Jaar van publicatie:2022
Trefwoorden:H1 Book chapter
Toegankelijkheid:Closed