ظهور المصلحة الفضلى للطفل كضابط إسناد في العلاقات الخاصة الدولية

الملخص EN

It seems that the criticisms of the traditional controls of attribution such as nationality and citizenship, which are characterized by neutrality and impartiality, and thus inertia in the mechanism for determining the law applicable to disputes of an international dimension in general and related to children in particular, have made them go through a crisis, which calls for searching for flexible and non-rigid controls of attribution It grants the judge his discretionary power in choosing the applicable law, but it is a restricted authority within the limits of the protection of the weak party, and then through it bypasses those criticisms and keeps pace with developments in the field of international relations with a foreign component.

In this regard, we find that the best interest criterion, which has the primary consideration in taking all administrative, legislative and procedural measures in relation to matters related to the child, emerges as a new standard or attribution officer in disputes with a foreign component that concern the child, in order to deal with the crisis of traditional attribution controls such as nationality and citizen Which is overlooked by the best interest of the child standard because of its characteristics and characteristics that give the judge discretionary power in assessing the interest of the child and ensuring his protection as a weak party in those relationships and then choosing the best laws for them.

It also contributes to softening the traditional rules of attribution, whether by limiting the international public order mechanism as a means In the exclusion of foreign law by considering the best interest as a basic requirement of the public order or excluding the conditions of exception in giving jurisdiction to the law of the law ruling at the expense of foreign law that may provide the best protection of the rights of the child.