The Hague Conference on Private International Law: Draft Convention on the Recognition of Foreign Divorces and Legal Separations

1965 ◽  
Vol 14 (4) ◽  
pp. 692 ◽  
Author(s):  
Willis L. M. Reese
Keyword(s):  
International Law ◽  
Private International Law ◽  
Draft Convention ◽  
The Hague

scholarly journals “Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments

Lex Russica ◽  
2019 ◽  
pp. 84-103
Author(s):  
O. F. Zasemkova
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
Draft Convention ◽  
The Usa ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Impact ◽  
The Eu

In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federation to access it, taking into account the fact that Russia has a limited number of international treaties permitting recognition and enforcement of foreign judgments in Russia and decisions of Russian courts abroad. Based on the results of the analysis, the author concludes that the adoption of this Convention will provide for a simple and effective basis for the recognition and enforcement of foreign judgments eligible for States with different legal, social and economic circumstances. This, in turn, will increase the practical value of court decisions ensuring the most comprehensive protection of the rights and interests of the party in whose favour the decision has been made and, as a consequence, will contribute to the attractiveness of this method of dispute resolution for parties involved in cross-border private law relations.However, the mixed attitudes of the EU and the USA to the Draft Convention raises the question of their accession to the future Convention and may significantly reduce the impact of the adoption of the document under consideration.

The HCCH Judgments Convention in Australian Law

2019 ◽  
Vol 47 (3) ◽  
pp. 420-443 ◽  
Author(s):  
Michael Douglas ◽  
Mary Keyes ◽  
Sarah McKibbin ◽  
Reid Mortensen
Keyword(s):  
International Law ◽  
Public Consultation ◽  
Private International Law ◽  
Early Adopter ◽  
Domestic Legislation ◽  
Draft Convention ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Impact

In May 2018, the Hague Conference on Private International Law (‘HCCH’) produced a draft convention for the recognition and enforcement of foreign judgments. A Diplomatic Session of the HCCH is expected to take place in 2019 at which this draft ‘Judgments Convention’ will be presented. If a multilateral convention emerges from the Diplomatic Session, Australia is likely to be an early adopter: the Commonwealth Attorney-General’s Department conducted a public consultation on the draft Judgments Convention in 2018. Against that background, this article considers the impact of implementation of the Judgments Convention in Australia. It is argued that domestic legislation that emerges from the Judgments Convention will deliver an overdue refurbishment of the Australian law relating to the recognition and enforcement of foreign judgments. Australia’s adoption of the Judgments Convention ought to be welcomed.

The Convention on the Law Applicable to Traffic Accidents

1971 ◽  
Vol 9 ◽  
pp. 189-216
Author(s):  
Hugo Fischer
Keyword(s):  
International Law ◽  
Legal System ◽  
Constitutional Law ◽  
Traffic Accidents ◽  
Private International Law ◽  
Draft Convention ◽  
The Hague ◽  
The Law ◽  
The Government ◽  
Government Of Canada

On October 26, 1968, the delegates to the Eleventh Session of The Hague Conference on Private International Law decided to submit, for consideration by their respective governments, a draft Convention on the law applicable to traffic accidents. Article 14 of the Convention permits ratification by a country which, like Canada, has a non-unified legal system, if the Convention has been extended to at least one of its jurisdictions. The Convention aims at uniformity in a branch of the law where, until now, to quote an eminent jurist, “case-to-case decisions [did] not add up to a system of justice.”Under Canadian constitutional law the implementation of the Convention requires provincial legislation. At the invitation of the government of Canada a delegate of the Conference of Commissioners on Uniformity of Legislation in Canada participated at the session in The Hague as a member of the Canadian delegation.

scholarly journals The Hague Judgments Convention and How We Negotiated It

2020 ◽  
Author(s):  
Jin Sun ◽  
Qiong WU
Keyword(s):  
International Law ◽  
Great Influence ◽  
Negotiation Process ◽  
Private International Law ◽  
Mutual Benefit ◽  
Global Circulation ◽  
Recognition And Enforcement ◽  
The Hague

Abstract In July 2019, the Hague Conference on Private International Law adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As an outcome of the Judgments Project, this Convention will exert a great influence on the global circulation of foreign judgments. China attached great importance to the Judgments Project and participated in the full negotiation process. This paper is a reflection of some of the Chinese negotiators’ approaches in handling certain very difficult but important issues in the process, with the hope that it may shed some light on China’s negotiation practice and the principles it adheres to in the international law arena, which are fully in line with the principles of equity and justice, mutual benefit, and win-win outcome.

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