A Global Law of Jurisdiction and Judgement: Lessons from Hague

Overview

The papers in this volume address the provisions of the 1999 Hague Jurisdiction and Judgments Draft Convention and the state of the negotiations as of the summer of 2000. They were presented at the symposium 'A Global Law of Jurisdiction and Judgments: Lessons from The Hague,' held in July 2000 at the Centre Panthéon (University of Paris I Law Faculty) as a part of the Cornell-Paris I Summer Institute of International and Comparative Law.

Part I focuses on the jurisdiction ...

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Overview

The papers in this volume address the provisions of the 1999 Hague Jurisdiction and Judgments Draft Convention and the state of the negotiations as of the summer of 2000. They were presented at the symposium 'A Global Law of Jurisdiction and Judgments: Lessons from The Hague,' held in July 2000 at the Centre Panthéon (University of Paris I Law Faculty) as a part of the Cornell-Paris I Summer Institute of International and Comparative Law.

Part I focuses on the jurisdiction provisions of the 1999 Draft Convention. For the most part, the papers in Part II look to the future, though they also deal briefly with the judgments provisions of the 1999 Draft. One paper takes up changes in European Union law that will significantly affect future negotiations concerning the Draft Convention. The other two offer analyses of the major hurdles blocking the way to a successful convention and proposals for vaulting those hurdles.

The papers analyze the jurisdiction provisions of the 1999 Hague Jurisdiction and Judgments Draft Convention and shed light on many of the basic difficulties that must be resolved if a global law of jurisdiction is to be achieved.

As work on The Hague Jurisdiction and Judgments Convention continues, these papers will serve as a major reference point forming a part of the historical background and commentary on what may become before long a global law of jurisdiction and judgments.

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Product Details

  • ISBN-13: 9789041118868
  • Publisher: Kluwer Law International, BV
  • Publication date: 11/1/2002
  • Pages: 398
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.88 (d)

Table of Contents

General Introduction
An Introduction to the Hague Convention 3
Preliminary Draft of the Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters: Provisions on Jurisdiction 15
Tentative Draft on the Jurisdiction and the Enforcement of Foreign Judgments: Can a Mixed Convention Work? 37
International Jurisdiction in "Business to Business" On-line Performed Contracts: Lessons from The Hague? 47
Current Problems, Common Ground, and First Principles: Restructuring the Preliminary Draft Convention Text 75
Jurisdictional Equilibration, the Proposed Hague Convention, and Progress in National Law 117
Can the Hague Judgments Project be Saved?: A Perspective from the United States 159
Converting the Draft Hague Treaty into Domestic Jurisdictional Law 191
The Draft Hague Convention's Judgments Provisions 237
New Perspectives for Jurisdiction and Judgments Within Europe: A Critical View 245
Ten (and Probably More) Difficulties in Negotiating a Worldwide Convention on International Jurisdiction and Enforcement of Judgments: Some Initial Lessons 263
Drafting a Convention on International Jurisdiction and the Effects of Foreign Judgments Acceptable Worldwide: Can the Hague Conference Project Succeed? 281
App 1999 Draft Convention 295
App 2001 Commission Changes 311
App European Union Regulation 351
Index 381
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