Children's rights in private international law

Abstract

This thesis will look at the dialogue that is currently taking place between children's rights and private international law to discover the extent to which the concepts of the first are and can be successfully incorporated into the second. Children's rights provide a useful example through which to examine the interaction of private international law and human rights. The changes that have been and will continue to be required of private international law by the recognition of children's rights will be demonstrated, and the successes and difficulties will be noted. This thesis examines current and past private international law rules, found in case law, legislation and international treaties, as well as taking into account the ideas and theories of various scholars. The research is based largely on Irish private international law, however, in many areas examination is also undertaken of international norms, whether or not they are binding on Ireland, and the private international law rules of other States.