About The Recovery of Maintenance in the EU and Worldwide
This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013.
The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things, (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation, and (iv) the EU – looking at the Maintenance Regulation.
This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.
PART ONE: COMPARATIVE CONTEXT
1. Cultural Dimensions of Maintenance Law from a Private International Law Perspective
Erik Jayme
PART TWO: INTERNATIONAL PERSPECTIVE
2. Introduction to Part Two (International) and Part Three (International and EU)
Paul Beaumont and Lara Walker
3. The Modern History, Evolution and Projected Future of Child Support Enforcement in the United States and Globally: 1975 to 2025
Robert Keith
4. Recognition and Enforcement of Foreign Maintenance Orders in Commonwealth African Countries
Richard Frimpong Oppong
5. Recovery of Child Maintenance in South America and in Mercosur’s Countries
Nadia de Araujo
6. Enforcing Foreign Maintenance Decisions in the Hong Kong Special Administrative Region of the People’s Republic of China and the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance from an Asian Perspective
James Ding
7. The Potential of the 2007 Child Support Convention: Addressing Global Poverty and Supporting Economic Rights
Maja Groff
8. Migration, Remittances and Child Support
Ann Laquer Estin
9. International Maintenance Cases: Preliminary Research
Hannah Roots
10. Setting Appropriate Child Support Orders and Addressing Barriers: Research and Policy Implications to Improve Payments and Compliance
Mark Takayesu and Steven Eldred
11. Administrative Establishment and Enforcement of Child Support in Norway
Jorid Saue, Floor de Jongh Bekkali, Elisabeth Saettem and Britt Rustad
12. Child Support in Kazakhstan: Case for Accession to the 2007 Hague Maintenance Convention
Milana Karayanidi
13. Maintenance Obligations in the Brazilian Legal System
Inez Lopes
14. Argentina’s Regulation of Maintenance Obligations: Implementation of the 2007 Hague Convention
Nieve Rubaja
15. Recovery of Child Support in Nigeria
Olanike Adelakun-Odewale
16. The Interface between Maintenance and Cross-border Surrogacy
Katarina Trimmings
PART THREE: INTERNATIONAL AND EUROPEAN UNION MATTERS
17. Developing an Electronic Case Management and Communication System for the 2007 Hague Child Support Convention and 2009 EU Maintenance Regulation: The iSupport Project
Philippe Lortie
18. Child Maintenance and Authentic Instruments-A German Perspective
Ana-Sabine Boehm, Natalie Faetan and Isabelle Jäger-Maillet
19. Innovations of the 2007 Hague Maintenance Protocol
Mirela upan
PART FOUR: EUROPEAN UNION PERSPECTIVE
20. Setting the Scene-The EU Maintenance Regulation
Burkhard Hess and Stefanie Spancken
21. Empirical Study on the Early Operation of the EU Maintenance Regulation
Lara Walker and Paul Beaumont
22. The Effective Operation of the EU Maintenance Regulation in the Member States
Burkhard Hess and Stefanie Spancken
23. Love and Money: Problems of Characterisation in Matrimonial Property and Maintenance Matters in the European Union
Csongor István Nagy
24. Drawing a Demarcating Line between Spousal Maintenance Obligations and Matrimonial Property in the Context of the New Instruments of European Union Private International Law
Maarja Torga
25. Characterisation within Private International Law: Maintenance or Succession?
Jayne Holliday
26. Choice of Court in Matters Relating to Maintenance Obligations
Matthias Abendroth
27. The Enforcement of Maintenance Decisions in the EU: Requiem for Public Policy? Family Relationships and the (Partial) Abolition of Exequatur
Ilaria Viarengo
28. Jurisdiction, Recognition and Enforcement in Cases of Reimbursement Claims by Public Bodies
Dieter Martiny
