Zaštita dece u haškim konvencijama o međunarodnom privatnom pravu
Author
Marjanović, Sanja Đ.Mentor
Živković, Mirko V.Committee members
Bordaš, BernadetBabić, Davor
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Show full item recordAbstract
Since the adoption of the Convention on the
Rights of the Child (1989), the principle of the
best interest of the child has permeated all
branches of law. Private International Law (PIL)
is no exception. However, the application of this
principle in PIL raises a number of specific
issues, including among others the mechanism for
providing child protection – the national
codification of Private International Law or
international conventions. Given the fact that
effective legal protection in cross-border cases
calls for cooperation between states, multilateral
conventions appear to be a more appropriate
method. In this context, the Hague Conference on
Private International Law is the only global
international organization that systematically
approaches this problem. This organization has
developed the Hague child protection system
which regulates matters of parental responsibility,
international adoption, child support obligations
and child abduction. The aim of this dissertation
is to p...rove that the Hague child protection system
is based on common ideas embodied in all
constituent Hague conventions, in spite of the
fact that they deal with different issues and are
commonly observed in isolation. They are
important because, depending on the specific
issue, they provide the unification of jurisdiction
rules, applicable law, mutual recognition and
enforcement of judgments. Moreover, they
establish a system of international cooperation,
whose efficiency is a prerequisite for the proper
application of the unified norms. Cooperation is
the only way of protecting children in matters
where the unification could not be achieved. In
addition, the thesis is based on the conception
that the Hague child protection system is actually
an extended and far-reaching arm of the
Convention on the Rights of the Child in private
international law matters. Given that the
European Union has been concurrently creating
its own (EU) system of private international law,
it is very important to determine its correlation
with the solutions envisaged in the Hague child
protection system. Hence, these solutions may
serve as a model for envisaging legal solution in
the Private International Law of the European
Union. Furthermore, the Hague child protection
system can be analyzed from the aspect of its
correlation with multilateral conventions of other
international organizations (UN, Council of
Europe) which have been ratified by the Republic
of Serbia. The ultimate objective of this thesis is
to prove that the Hague child protection system is
the only comprehensive system for protecting the
best interests of the child, which further implies
that the Republic of Serbia shall finalize the
process of creating its own comprehensive child
protection system by ratifying all relevant Hague
conventions.