ALTERNATIVE DISPUTE RESOLUTION FOR HAGUE CONVENTION CHILD CUSTODY DISPUTES*

This note explains that an Alternative Dispute Resolution (ADR) protocol should be adopted as part of the Hague Convention on the Civil Aspects of International Child Abduction to facilitate the amicable resolution of cross‐border child custody cases. It suggests that national ADR models should be used as a guide to improve this treaty. First, this note brings to light the negative effect of cross‐border litigation on children as well as the complexities and the deficiencies of this international treaty. Second, it examines mediation and arbitration systems employed in the United States, Europe, and Australia and how these can be transposed on the international scale. Third, it proposes how the ADR protocol should be drafted and implemented. A sound ADR mechanism would alleviate the unfortunate conditions of children trapped in long and destructive international child custody battles.     

Complying with Transposition Commitments in Poland: Collective Dilemmas,Core Executive and Legislative Outcomes

This article examines the transposition of EU legislation in Poland before accession. It finds that the extent to which the Polish government complied with transposition commitments in a timely manner was related to the institutionalisation of rules that the domestic core executive could use to extend selective incentives and monitoring to ministers and departments. The effect of the core executive variable is contextualised by the impact of EU incentives, party configurations and ministerial resources. The article concludes by considering the wider significance of the core executive variable in research on compliance in the EU member states.     

Legislative Organisation and its Determinants in European Parliamentary Democracies

Questions regarding the origin and evolution of legislative institutions are at the heart of comparative legislative studies. Much research in this area focuses on the US Congress; in contrast, comparative studies of European democracies have been more limited. Addressing this imbalance, this special issue showcases newly emerging research on legislative organisation in Europe. In doing so, it brings together contributions that explore the rationales behind the emergence of, and variation in, national European voting practices, investiture rules, minority rights, committee power, agenda control, debating rules and individual MPs’ rights.     

Government,Parliament and Law-making in Poland

This paper examines the process of law-making in Poland during the 1997–2001 and 2001–2005 legislative terms. The analysis focuses on the initiation, amendment and finalisation stages of the legislative process within both the government and parliament and considers the boundary, content, temporal and information rules that shape this process. Within government, the preparation of, and decision-making on bills to be submitted to parliament are characterised by a dominance of ministerial law-making strategies, with a very limited coordinating capacity for the core executive (that is, the cabinet, the prime minister and the institutions that serve them). Within parliament, the government possesses weak agenda control and few formal means of defending its legislation against rival bills and amendments. There is some evidence to suggest that this decentralised legislative setting is one of the key drivers behind legislative growth and instability.