Call for Papers International Family Law and Party Autonomy

Subject

At the substantive law level, party autonomy has always been limited in the field of family law. The mandatory nature of many family law rules has meant that choice has always been restricted. Take, for instance, the mandatory nature of divorce proceedings in virtually every European jurisdiction. Increasingly, however, party autonomy in family law matters is becoming the standard instead of the exception. Moves towards parenting plans, child support agreements and enforceable pre-nuptial contracts are all signs of this trend. In juxtaposition to this trend, in other areas of family law state involvement and inference in family law matters are instead on the rise, for example in the field of adoption or child protection.

At private international law level, the same trends are also evident. Choice of law clauses are, for example, increasingly being inserted into international family law instruments. Take for instance the Hague Maintenance Protocol 2007, which fundamentally departs from the principles of the Hague Maintenance Convention 1973 with respect to party autonomy.

Procedure

The Netherlands Journal of Private International Law (Nederlands Internationaal Privaatrecht) is to devote a special edition to these issues in 2012. This special issue is open to submissions from the entire globe and is, therefore, not restricted to European contributors. On the basis of a submitted abstract a selection of articles will be selected for inclusion.

Abstracts of no more than 500 words should be sent to Wilma van Sas-Wildeman at w.van.sas-wildeman@asser.nl. Please ensure that you include your name, contact details and e-mail address in your submission. The ultimate contribution to this special edition should not be more than 8,000 words. For more information concerning this call for papers please e-mail managing editor Wilma van Sas-Wildeman (w.van.sas-wildeman@asser.nl) with the subject “Special Edition 2012”.

Timeline

Deadline for submission of abstract: 15^th April 2012   ——    Choice of authors:  1^st May 2012

Deadline for submission of contributions:  15^th August 2012  —— Publication: Dember 2012