In that instance, a special rule of jurisdiction has been established referring to the 1980 Hague Convention, creating a situation different from the relation with certain other Conventions established in Article 39. That Article states that this Convention supersedes other Conventions between States which are party to both, whereas Article 4 contains a rule to the effect that the jurisdiction conferred by Article 3 must be exercised within the limits established in the 1980 Hague Convention and particularly Articles 3 and 16 thereof. That safeguards the habitual residence as the ground of jurisdiction where, as a result of wrongful removal or retention, there has in fact been a change in habitual residence.
