Private International Law and Childrens Rights Law: Conflicts in International Child Abduction Cases (Studies in Private International Law)

How do private international law and children’s rights law interact-and conflict-in international child abduction cases?This book examines the relationship between two legal fields when courts decide on cross-border child abduction.While private international law prioritises the child’s prompt return and applies the best interests principle in abstracto, children’s rights law demands an in concreto, individualised assessment of the child’s best interests.These differing approaches can lead to legal friction in practice. Through a detailed analysis of legal instruments and supranational case law, the book explores how these conflicts arise and how they might be resolved.Using the theoretical lens of international law’s diversification and expansion, it identifies nine conflict-management tools, grouped into four categories: coordination, hierarchy, priority, and harmony.It argues that two of these tools offer promising solutions. The book evaluates 839 cases from the CJEU, ECtHR, the UN