ADVANCE (PREVENTIVE) RECOGNITION (NON-RECOGNITION) OF FOREIGN JUDGMENTS UNDER ARTICLE 24 OF THE 1996 HAGUE CONVENTION

On 1 June 2013 the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children came into force. It provides for the recognition and enforcement of foreign measures for the protection of a child or his or her property. One of the original provisions previously not found in the international treaties of the Russian Federation is the possibility of preventive recognition of a foreign measure, which may require enforcement in the future (Art. 24). This option differs from objections against recognition known to Russian law and may be useful in international relocation cases and for cross-border contacts with a child. The article reveals the essence and significance of preventive recognition (nonrecognition). However, the implementation of the Convention in Russia, unlike some other States parties, was reduced to the designation of a Central Authority. Russian civil procedural legislation was not amended. This raises issues concerning the application of the mechanism set down in Article 24 of the Convention. The author proposes to apply mutatis mutandis the provisions of Chapter 45 of the Civil Procedure Code of the Russian Federation and to grant an exequatur in simple procedure taking into account earlier court examination and conclusion of the absence of grounds for non-recognition.

The Spillover Effects of Deregulation in a Three-Country Model

This paper develops a three-country model that incorporates international relocation of firms and explores the macroeconomic effects of deregulation in the services sector by each country. A novel feature of our model is that the international relocation of firms responds to exchange rate movements caused by deregulation shocks in the services sector. From this analysis, it is found that a deregulation shock in a country always benefits the country in spite of the outflows of firms, while it can be detrimental to other two countries, in terms of relative consumption levels.

Coping with authoritarianism in international relocation

Purpose As the rate of growth in trade of developing and developed economies converges, international business is increasingly taking place in a growing assortment of political and ideological contexts with variable levels of tolerance for plural dissidence. This can create substantial challenges and risks for crosscultural adjustment and increases the potential for assignment failure. The purpose of this study was to examine the impact of an authoritarian regime on the process of adjustment amongst expatriate sojourners and draw out lessons for future research and policies for relocation in similar authoritarian contexts. Design/methodology/approach This was a qualitative research study over three years making use of participant observation methods as a result of researcher immersion in the local context. Findings This study finds that “culture” is an insufficient category for explaining difficulties in cross-cultural adjustment and demonstrates that adjustment difficulties under authoritarianism are heightened in the proximate sociocultural context, with geo-political and ideological dynamics creating more challenging conditions of life. Increased levels of social control act to heighten psychological vulnerability amongst sojourners, resulting in coping behaviours that seek a greater degree of psychological alleviation and companionship through more resource-intensive supportive networks and a tendency toward enclavism, thus inhibiting sociocultural adjustment to the host society. Research limitations/implications Research needs to recognise more fully the diverse nature of contexts in cross-cultural adjustment. Future research should explore different types of contexts and assess what sort of challenges may arise in relation to the process of psychological and sociocultural adjustment and the adjustive resources required to overcome them. Practical implications The paper contributes to the understanding of the psychological and sociocultural challenges of international relocation in an authoritarian context and serves as valuable insight for relocation planning in similar conditions, which are an ever-increasing feature of international business. Originality/value This paper gives a unique insight into international relocation in Cuba and draws out the areas of concern for cross-cultural adjustment under authoritarian conditions, an ever-increasing feature of international business. It serves as an example of how context-based research can inform cross-cultural theory and practice within an evolving landscape of doing business globally.

Expatriated dual-career partners: hope and disillusionment

Purpose The purpose of this paper is to employ hope theory to explain the psychological process underlying the dual-career couple (DCC) family unit, during the full cycle of international relocation. Design/methodology/approach This qualitative study is based on in-depth interviews with 28 international dual-careerists. Hope theory is used to describe the evolution of their goals, pathways and agency thinking before, during, and after expatriation. Findings The study reveals that dual-career partners initially build goals, pathways, and agency to support family relocation to facilitate the expatriate’s career goals, but later the absence of self-career realization means hope can diminish and the partner’s career comes to drive the goals set for repatriation. Future assignments would be considered only if both partners can arrange relevant employment for themselves. Practical implications Companies should develop DCC support practices such as designing shorter assignments, ensuring that partners have work visas and support job seeking. Ideally, multinational corporations would employ the spouse in the DCC. Originality/value The study is one of the first to explore the evolution of the goals of DCCs during the entire expatriation process.

Concentrate Questions and Answers Family Law

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. Concentrate Q&A Family Law offers expert advice on what to expect from your family law exam, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: clear commentary with each question and answer; diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical family law exam questions; structure a good answer; avoid common mistakes; show the examiner what you know; make your answer stand out; and find relevant further reading. After an introduction on exam skills for success in family law, chapters cover: marriage, civil partnerships, and cohabitation; void, voidable. and non-existent marriages; divorce and judicial separation; domestic violence; family property; financial relief and child support; parenthood and parental responsibility; children's rights and private law; international relocation and abduction; public law and adoption; mixed topic questions and skills for success in coursework assessments.

10. International Relocation and Child Abduction

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on international relocation and child abduction. The first question is an essay question that considers the law relating to international relocation, ie how the English courts have dealt with applications to relocate out of the jurisdiction (eg Payne v Payne). The second is a problem question that requires the application of the Hague Convention on the Civil Aspects on International Child Abduction 1980 and the EU Regulations (BIIR), but also considers the law that applies if a child is taken to England and Wales from a country that has not ratified the Hague Convention.

Should I stay or should I go? A systematic literature review about the conceptualization and measurement of international relocation mobility readiness

Purpose Employees’ readiness to relocate abroad plays a crucial role for the success or failure of expatriate assignments. Hence, companies should consider employees’ international relocation mobility readiness (IRMR) when selecting candidates for international postings. However, past research has conceptualized and measured IRMR heterogeneously, hampering the interpretation and comparability of IRMR research results. Hence, the purpose of this paper is to provide a new conceptualization of IRMR and to give recommendations for its measurement. Design/methodology/approach Based on the business, psychological and sociological literature, this paper reviews and categorizes how IRMR has been conceptualized and measured. To structure the findings, a directed content analysis was applied. The sample comprises 88 journal articles. Findings The results reveal that studies seldom provide a conceptualization of IRMR. While the authors often find a misfit between the studies’ explicit conceptualization and the actual measurement of IRMR, most scales actually measure willingness (i.e. usually a predictor of risky and spontaneous behavior). Research limitations/implications Based on the results and the Rubicon model of action phases (Heckhausen and Gollwitzer, 1987), the authors recommend future research to conceptualize IRMR as a dynamic multidimensional construct, covering the different phases of an individual’s decision to relocate internationally. Future, IRMR measurements should also cover the complexity of IRMR, e.g. regarding specific location characteristics. Practical implications Companies should consider the whole decision-making process regarding IRMR to apply specific measures at the best possible time. Originality/value This paper investigates IRMR scales according to their scientific validity and hence provides the basic ground for future scale development studies.

Threatened identities: adjustment narratives of expatriate spouses

Purpose The purpose of this paper is to explore changes in the identity constructions of expatriate accompanying spouses, as experienced throughout their first year of adjustment to living in Sarawak, Malaysia. Design/methodology/approach Using interview data collected longitudinally throughout ten participants’ first year of living in Malaysia, changes observed in participants’ adjustment narratives over time form the basis of an analysis of successful and unsuccessful cases of identity adjustment. Findings An international relocation presents varying degrees of threat or challenge to expatriate spouses’ central identities. The degree of threat posed will predict the amount of redefinition of social, role, and personal identities required for successful adjustment across social, cultural, and personal domains. Men experienced threats to their career/worker identity, whereas women faced multiple threats to identities such as mother, wife/partner, child, and also their career/worker identity. Research limitations/implications Results of this small-n research may not be generalisable, but do offer new interpretations of adjustment processes, including potential gender differences. The usefulness of longitudinal narrative inquiry for exploring experience of change is highlighted. Practical implications Conversations about identity constructions should be held with expatriate spouses in order to support relocation decision making, and to customise support programmes. Governments wanting to attract and retain foreign talent should consider policies that address employment options for spouses, which will allow for the continuation of central career identities. Originality/value Longitudinal case study analysis results in new interpretations of the adjustment experiences of expatriate spouses over time.

9. International Relocation and Child Abduction

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter focuses on international relocation and child abduction. The first question is an essay question that considers the law relating to international relocation, i.e. how the English courts have dealt with applications to relocate out of the jurisdiction (e.g. Payne v Payne). The second is a problem question that requires the application of the Hague Convention on the Civil Aspects on International Child Abduction 1980 and the EU Regulations (BIIR), but also considers the law that applies if a child is taken to England and Wales from a country that has not ratified the Hague Convention. The final question is an essay question that considers whether the Hague Convention ensures that the child’s best interests are protected.