Law Working Papers

Welcome to the University of Stirling Law Working Papers series. The series has been established to provide its legal academics, doctoral students and visiting researchers working in all areas of law with the opportunity to disseminate their research to encourage discussion. The papers are published electronically.

For general enquiries about submitting a working paper please contact Dr Jayne Holliday.

Beaumont and Holliday, 'Private International Law of Succession, Scotland'

(Working Paper, 2021/2)

Author(s): Paul Beaumont; Jayne Holliday

'Habitual residence' in child abduction cases: Hybrid approach is now the norm but how much weight should be given to parental intention?

(Working Paper 2021/1)

Author(s): Paul Beaumont; Jayne Holliday
Date:The final version is to be published in M Pfeiffer, J Brodec, M Zavadilová, P Bříza (eds) Liber Amicorum Monica Pauknerova (Wolters Kluwer, 2021) (forthcoming)
Abstract: This paper focuses on the meaning of habitual residence under the Hague Child Abduction Convention 1980 (Abduction Convention). That Convention requires uniform interpretation if it is to be successful. The recent convergence of the world’s leading courts taking a hybrid approach to interpreting habitual residence is encouraging but much remains to be done to agree on how much weight should be given to parental intention(s) in determining the habitual residence of an allegedly abducted child.

Judgments Convention: application to Governments

(Working Paper 2020/1)

Author(s): Professor Paul Beaumont FRSE
Date: The final version of the paper is to be published in the (April 2020) Netherlands International Law Review
Abstract: As is often the case with Hague Conventions, the latest Hague Convention of 2 July 2019 (the Judgments Convention) only applies to “civil or commercial matters”. Therefore, it only applies to judgments relating to a private law matter not to a public law matter. This paper explains how "civil or commercial matters" should be interpreted for the purpose of the 2019 Convention. It also analyses the other provisions in the Convention relevant to Governments on State immunity, the armed forces, law enforcement activities, sovereign debt restructuring and a declaration system permitting States to take some private law matters concerning Governments, Government agencies or natural persons working for a Government or Government agency outside the scope of the Convention for the declaring State.

The urgent need for the UK to accept the accessions of EU and Non-EU Contracting Parties to the 1970 Hague Convention on Recognition of Divorces and Legal Separation.

(Working Paper 2019/1)

Author(s): Jayne Holliday
Date: October 2019
Abstract: In contrast to the visible preparation for a no deal Brexit that has been undertaken by the Ministry of Justice to ensure the UK's continued participation to the 2007 Hague Maintenance Convention and the 2005 Hague Choice of Court Convention, there has been a surprising lack of preparation in relation to the 1970 Hague Convention on Recognition of Divorce and Legal Separation. The 1970 Divorce Convention has 20 Contracting States, with the UK being one. However, at present, the UK has yet to accept the accessions of four of the Contracting States; Albania, Estonia, the Republic of Moldova and Poland. If these accessions are accepted it will maximise the utility of the Convention for the UK if there is a no deal Brexit. Failure to do so means that the UK is not fulfilling its obligations to prepare for such a situation. This paper recommends that the UK accepts these accessions as a matter of urgency.