Association of American Law Schools
2001 Annual Meeting
Wednesday, January 3, 2001 - Saturday, January 6, 2001
San Francisco, California

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Annual Meeting Workshop on Shifting Boundaries: Globalization and Its Discontents

Discussion Issues: Concurrent Session on Family Law
Barbara Stark, University of Tennessee College of Law

  1. Family Law and State Actors
    1. Private International Law Conventions, e.g., Hague Convention on Civil Aspects of International Child Abduction, entered into force October 25, 1990, 19 I.L.M. 1501; Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, entered into force May 29, 1993, 32 I.L.M. 1134
    2. Public International Law
      1. Human Rights Treaties, e.g., International Covenant on Economic, Social and Cultural Rights ("ICESCR"), International Covenant on Civil and Political Rights ("ICCPR"), Convention on the Elimination of All Forms of Discrimination Against Women ("Women's Convention"), United Nations Convention on the Rights of the Child, entered into force Nov. 20, 1989, 28 I.L.M. 1448
      2. Customary International Law; e.g., Prescriptive Jurisdiction, Restatement Third, Foreign Relations Law of the U.S., § 401, 402; Human Rights Norms Against Torture, Right to Life
    3. Regional Conventions
    4. National Laws
      1. Implementing Private International Conventions; e.g., International Child Abduction Remedies Act of 1988, 42 U.S.C. §§ 11601, et seq.
      2. Additional Requirements, Protections, Procedures
      3. Conflicts
  2. Family Law and Non-State Actors
    1. International Organizations (IOs); e.g., UNIFEM, WHO
    2. Nongovernmental Organizations (NGOs); e.g., ICRC Reunification Project in Rwanda, International Planned Parenthood
  3. Teaching
    1. Resources
      1. Treaties
        1. Private International Law, http://www.hech.net
        2. Public International Law, www1.umn.edu/humanrts/instree/ainstlsl.htm
      2. CIL, Restatement, MARK JANIS, AN INTRODUCTION TO INTERNATIONAL LAW; Jordan Paust et al, International Law and Litigation in the U.S. (2000)
      3. Implementing Legislation – FAMILY LAW STATUTES, INTERNATIONAL CONVENTIONS AND UNIFORM LAWS (Wadlington & O'Brien 2000)
    2. Pedagogy – Basic Outline
      1. Topic Grid – Marriage / Domestic Partnerships, Adoptions, Divorce, etc.
      2. Comparative Grid – regional organizations or member states


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