Full Description
Declared a 'game-changer' by the Hague Conference Secretary General, the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters has introduced international obligations of unprecedented sweep and power. Now, this authoritative treatise provides the diplomatic background and the historical context for the Convention, discussing the law on judgments recognition in the absence of the Convention's ratification. After recounting the twenty-seven-year history of the negotiations leading to the Convention's conclusion, it offers an article-by-article discussion of each provision. It also considers paths not taken, advancing possible solutions to address future pressures and developments.
Authored by experts directly involved in the Convention's drafting, this volume is designed to be an indispensable source for lawyers, judges, and legislators in the adoption, implementation, and use of the 2019 Hague Judgments Convention. Readers will be left with a clearer understanding of the purpose behind each provision, any differences that might have led to compromise in the Convention's language, and the positions stated by national delegations during the negotiations.
Contents
1: A Basic Introduction to the 2019 Convention: Structure, Core, Context, and Choices
2: Judgments Recognition in the Absence of the Judgments Convention
3: The History of the Negotiations
4: Interpretation: Approaches and Methods
5: Scope and Definitions (Articles 1- 3)
6: The Basic Recognition and Enforcement Obligation and Criteria for Eligibility (Articles 4- 6)
7: Additional Provisions Relating to the Recognition and Enforcement Obligation (Articles 7- 15)
8: General Clauses (Articles 16- 23)
9: Final Clauses (Articles 24- 32)
10: The Place of the Convention in Current Practice in the United States
11: Final Comments and Thoughts About the Future
Appendix- Judgments Convention Explanatory Report
Convention Text
Recommended Form
Garcimartín-Saumier Report
