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Role of International Conventions as Sources of International Law



This ongoing judicial practice, framed within the JJ Act and the UNCRC, continues to fill the legislative gap, providing guidance to litigants and courts on handling international child custody disputes. This notable trend of finding alternate solutions for return of removed children till India signs the 1980 Hague Convention on Abduction, is an offshoot of protecting the best interest of the child secured by the UNCRC. Aided by principles of comity of courts, determination of best interest by jurisdiction of closest contact relief is found in law enacted under the UNCRC umbrella.



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