Andrea Cannone

Article 17 of the Institute of International Law Resolution on Human Rights and Private International Law: International Child Abduction

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Abstract

After an overview of the legal instruments adopted to regulate the international legal kidnapping (1980 Hague Convention; 1996 Hague Convention; EU Regulation 2019/1111 Bruxelles II-bis (re-cast)), the paper presents the leading cases of the European Court of Human Rights on Art. 8 ECHR as applied in international legal kidnappings and suggests that general principles drafted by the Court are reflected in a satisfactory way in Art. 17 of the Institute of International Law Resolution on Hu-man Rights and Private International Law

Keywords

  • international child abduction
  • best interests of the child
  • international cooperation
  • 1980 Hague Convention
  • EU Regulation 2019/1111 Bruxelles II-bis (recast)
  • right to respect for private and family life

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